[HISTORY: Adopted by the Mayor and Council of the Borough
of Emerson 6-12-2018 by Ord. No.
1558-18. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
The Crane Operator's License Advisory Board created within
the Department of Labor and Workforce Development, established pursuant
to N.J.S.A. 45:26-3.
Certification from the National Commission for the Certification
of Crane Operators or any other organization found by the Board to
offer an equivalent testing and certification program meeting the
requirements of the American Society of Mechanical Engineers ASME
B30.5 and the accreditation requirements of the National Commission
for Certifying Agencies.
The Commissioner of Labor and Workforce Development.
Shall be defined in accordance with N.J.S.A. 45:26-1 through
45:26-17 (Licensing of Crane Operators Act), hereafter referred to
as the "Crane Operator Licensure Act" and the 1926 OSHA Crane and
Derricks in Construction Regulations, also known as "OSHA Subpart
CC."
An individual engaged in the operation of a crane.
Operating, inspecting, training and maintenance experience
acceptable to the Board.
An examination demonstrating the applicant's ability to safely
operate a particular category or type of crane. Practical examinations
shall be conducted for the following crane categories: lattice boom
crawler cranes (LBC), lattice boom truck cranes (LBT), telescopic
boom cranes (TLL, swing cab, and TSS, fixed cab), tower cranes and
overhead cranes.
A.
Five days before any crane operator, contractor or other person or
company initiates the use of a crane within the Borough, a permit
shall be obtained. In emergent situations, the Construction Code Official
may waive this requirement, in his or her own discretion, if the operator
meets the balance of the requirements of this chapter.
B.
Copies of the permit will be maintained by the Borough and with the
crane operator at all times; a copy of the permit shall be produced
on the work site when requested.
C.
The following documents must be provided to the Borough by the permit
applicant in order to be granted a permit:
(2)
New Jersey crane license.
(3)
Current medical examiner's certificate verifying that the crane operator
has had an annual medical exam and is in proper health to maneuver
heavy machinery.
(4)
A copy of the most recent and current proof of inspection for the
crane being operated (provided by crane owner).
(6)
Proof that the crane operator submits to a random drug testing program.
(7)
Proof of completion of signal person qualification or certification
course.
D.
Upon receipt of a properly completed application and compliance with
the requirements of this section, the Construction Code Official shall
issue or deny the requested permit within five business days. If the
application is denied, the reasons for the denial shall be furnished
to the applicant in writing.
A.
To be eligible for a license as a crane operator within the Borough,
the applicant shall fulfill each of the following requirements:
(1)
Be licensed pursuant to N.J.S.A. 45:26-7;
(2)
Be at least 18 years of age;
(3)
Possess certification from the National Commission for the Certification
of Crane Operators or any other organization found by the Board to
offer an equivalent testing and certification program meeting the
requirements of the American Society of Mechanical Engineers ASME
B30.5 and the accreditation requirements of the National Commission
for Certifying Agencies;
(4)
Have at least 1,000 hours of crane-related experience; and
(5)
Maintain a current medical examiner's certification card. A medical
examiner is a physician, physician's assistant or other recognized
and certified medical professional.
The permit fee for each crane shall be $250. Each permit is
valid for 60 days and may be extended and/or renewed, provided that
compliance with the requirements of this section continues to be met.
The fee for an extended or renewed permit is $100 for each additional
60 days of the renewal.
In addition to all other notice requirements, including notice
to the Department of Labor and Workforce Development pursuant to N.J.A.C.
12:121-5.1 or its successors, the owner of the property on which a
crane governed by this chapter is operating shall immediately notify
the Borough Police Department of any accident causing personal injury
or damage to property and shall provide the Borough with access to
the site for investigating such accident. When an accident involves
the failure, breakage, damage or destruction of any part of the crane
apparatus, it shall be unlawful to continue to use such crane apparatus
until after examination of proof of a crane inspection conducted after
the repair of the crane apparatus is provided to the Borough and approval
of the equipment for continued use is granted by the Borough. The
Borough shall promptly examine the cause of the accident and complete
a report thereon to be maintained by the Borough. A copy of the report
will be forwarded to the Commissioner of Labor and Work Force Development
as well as other state or federal agencies as required by law.
A.
All crane equipment shall be kept in safe working condition at all
times by the owner and permittee.
B.
If any safety or operational aid used or required to be used in connection
with the operation of a crane is not working properly, the person
operating such crane shall immediately shut down the crane until such
time that the required safety or operational aid is repaired or replaced
and the crane is restored to proper working order.
C.
Any and all safety requirements promulgated by the Board, Commissioner,
or Borough must be adhered to at all times.
D.
Every crane shall be thoroughly inspected by a competent designated
employee or authorized agent of the owner or lessee of such mobile
crane, tower crane or derrick at intervals not exceeding one month.
Such inspection shall include, but not be limited to, all blocks,
shackles, sheaves, wire rope, connectors, and various devices on the
master boom, controls and braking mechanisms.
E.
A written, dated, and signed record of each such inspection shall
be completed by the competent designated employee or authorized agent
who made the inspection. The most recent record of such inspection
shall be posted inside the cab of such crane and shall be filed with
the Borough. Attached to such record of inspection shall be a written
designation naming the competent employee or authorized agent. Such
attached designation shall be signed by the owner or lessee of said
crane.
F.
Every crane shall be inspected by a competent designated person(s)
before being erected or operated for the first time on any job.
G.
Adjustments and repairs to cranes shall be made only by competent
designated persons.
A.
The Borough Council may promulgate rules and regulations for the
administration of the provisions of this chapter.
B.
The provisions of this chapter shall be enforced by the Construction
Code Official or his or her designee, which may include a member of
the Department of Municipal Services, Borough Engineer, or an independent
third party.
A.
Any crane that is or hereafter becomes unsafe or otherwise dangerous
to human life or public safety, or which demonstrates inadequate maintenance,
shall be deemed to be in an unsafe condition by the appropriate Borough
representative or designee. All unsafe cranes shall be taken down
or removed or made safe, as the appropriate Borough representative
or designee deems necessary and as provided for in this section.
B.
The appropriate Borough representative or designee shall cause a
report to be filed on an unsafe crane. The report shall state the
nature of the unsafe condition.
C.
If an unsafe condition is found, the Construction Code Official or
appropriate Borough representative or designee shall serve on the
owner, agent, rentor or person in control of the crane a written notice
that describes the condition being deemed unsafe and that specifies
the required repairs or improvements to be made to abate the unsafe
condition. Such notice shall require the person thus notified to declare
immediately to the Construction Code Official or appropriate Borough
representative exceptions or rejection of the terms of the written
notice.
D.
Such written notice shall be deemed properly served if a copy is
delivered to the owner personally or sent by certified or registered
mail, addressed to the owner at the last-known address with return
receipt requested. If a certified or registered letter is returned
showing that the written order has not been delivered, a copy shall
be posted in a conspicuous place in or on the structure affected by
such notice. Service of such notice in the foregoing manner upon the
owner's agent or upon the renter or person responsible for the crane
shall constitute service of notice upon the owner.
E.
The equipment determined to be unsafe by the Construction Code Official
or appropriate Borough representative or designee may be restored
to a safe condition. To the extent that repairs, alterations or additions
are made during restoration of such equipment, such repairs, alterations
or additions shall comply with all applicable codes. The repairs shall
be made at the costs to the owner, renter or operator of the crane.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person who operates a crane without meeting the requirements
of this chapter or any rule or regulation promulgated thereunder or
any person or company who employs an unlicensed person as a crane
operator or who permits or directs an unlicensed person to operate
a crane shall be subject to one or more of the following: imprisonment
in the county jail or in any place provided by the municipality for
the detention of prisoners, for any term not exceeding 90 days; or
by a fine not less than $100 and not exceeding $2,000; or by a period
of community service not exceeding 90 days. Each day of illegal operation
shall constitute a separate and distinct offense.
