[HISTORY: Adopted by the Council of the Borough
of Fair Lawn 5-15-2018 by Ord.
No. 2466-2018. Amendments noted where applicable.]
GENERAL REFERENCES
Uniform Construction Codes — See Ch. 85.
As used in this Chapter 86, 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 (Licensure 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:
the 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 registration certificate shall be obtained. In emergent situations, the Building Department/Borough Engineer may waive this requirement in his or her own discretion, if the operator meets the balance of the requirements of this § 86-2.
B.
Copies of the registration certificate shall be maintained by the
Borough and with the crane operator at all times; a copy of the registration
certificate shall be produced on the work site when requested.
C.
The following documents must be provided to the Borough in order
to be granted a registration certificate:
(2)
New Jersey crane license;
(3)
Current medical examiner's card.
(4)
A copy of the most recent and current proof of inspection for the
crane being operated (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 § 86-2, the Building Department shall issue or deny the requested registration certificate within five business days. If the application is denied, the reasons for the denial shall be furnished to the applicant in writing.
To be eligible for a license as a crane operator within the
Borough, the applicant shall fulfill each of the following requirements:
A.
Be licensed pursuant to N.J.S.A. 45:26-7;
B.
Be at least 18 years of age;
C.
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;
D.
Have at least 1,000 hours of crane-related experience; and
E.
Maintain a current medical examiner's certification card.
The fee for a registration certificate for each crane shall be $100. Each registration certificate is valid for 60 days and may be extended and/or renewed, provided that compliance with the requirements of this Chapter 86 continues to be met. The fee for an extended or renewed registration certificate shall be $50.
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, the owner of the property on which the crane is operating, the operator, contractor or crane owner shall immediately notify the Borough of every accident causing personal injury or damage to property involving a crane covered by this Chapter 86, and shall cooperate with the Borough in every manner to assist the Borough in 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 by the Borough is made and approval of the equipment for continued use is granted. The Borough shall promptly examine the cause of the accident and complete a report thereon to be maintained by the Borough, which report shall be open to the public.
A.
All crane equipment shall be kept in safe working condition at all
times by the owner and licensee.
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 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.
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 Building Department/Borough Engineer. All unsafe cranes shall be taken down or removed or made safe, as the Building Department/Borough Engineer deems necessary and as provided for in this Chapter 86.
B.
The Building Department/Borough Engineer 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 Building Department shall serve
on the owner, agent 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 Building Department acceptance 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 person responsible for the crane shall
constitute service of notice upon the owner.
E.
The equipment determined to be unsafe by the Building Department/Borough
Engineer 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.
A.
Any person who operates a crane without meeting the requirements
of this chapter or any rule or regulation promulgated thereunder shall
be subject to a fine of not less than $100 and no more than $2,000
for each violation. Each day of illegal operation shall constitute
a separate and distinct offense.
B.
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 a fine of not less than $100 nor more
than $2,000 for each violation. Each day of illegal operation shall
constitute a separate and distinct offense.