[HISTORY: Adopted by the City Council of the City of Long
Branch 3-27-2019 by Ord. No. 4-19.[1] Amendments noted where applicable.]
[1]
Editor's Note: This chapter was originally adopted as Ch.
148, but was renumbered to fit the organization of the Code.
As used in this chapter, the following terms shall have the
meanings indicated:
The Crane Operators License Advisory Board 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.
As used in this chapter, the term "crane" 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
also known as OSHA Subpart CC.
An individual engaged in the operation of a crane.
Refers to any work performed within the City of Long Branch.
No person shall engage in the operation of a crane on any project
unless he or she holds a crane operator's registration certificate,
issued by the City Engineer.
A.
At least five business days before any planned operation of a crane
on a project, the crane operator or contractor as appropriate shall
apply to the City Engineer for issuance of a City crane registration
certificate. In emergent situations, the City Engineer may grant said
registration on less than five days' notice if the operator and
contractor if appropriate, meet(s) the balance of the requirements
of this chapter.
B.
The following documents must be submitted to the City Engineer by
the crane operator and/or contractor as appropriate, together with
the application for a City crane registration certificate:
(1)
A current crane operator's license issued by the State of New
Jersey pursuant to N.J.S.A. 45:26-1 et seq.;
(2)
Proof of current certification in the specialty or specialties recognized
by the New Jersey Department of Labor applicable to the crane he or
she is operating issued by an entity recognized by the New Jersey
Department of Labor. The specialties currently recognized by the Department
of Labor are: a) lattice boom truck crane, b) lattice boom crawler
crane, c) small telescopic boom crane (less than 17.5 tons), and d)
large telescopic boom crane (more than 17.5 tons). The Department
of Labor currently recognizes certifications issued by:
(3)
A current medical examiner's certification card;
(4)
A copy of the most recent and current proof of inspection for the
crane to be operated;
(5)
One or more certificates of insurance demonstrating insurance meeting
the requirements of this chapter;
(6)
Proof of a current commercial driver's license if required to
operate the crane;
(7)
Proof that crane operator submits to a random drug testing program
if the crane requires a commercial driver's license to operate;
and
(8)
Proof of completion of signal person qualification or certification
course on projects requiring a signal person, as set forth in 29 CFR
1926.1419 and 1926.1428.
C.
Upon receipt of a properly completed application and compliance with
the requirements of this Section, the City Engineer shall issue or
deny the requested certificate within five business days. If the application
is denied, the reasons for the denial shall be furnished to the applicant
in writing.
A.
The City crane registration certificate shall be maintained by the
crane operator in the crane at all times. A copy of the registration
certificate shall be retained at all times by the contractor or other
on-site supervisor and produced on the work site when requested by
the City.
B.
The permit fee for each crane shall be $100. Each City crane registration
certificate is valid for 60 days and may be extended, modified and/or
renewed provided that the crane operator remains in compliance with
the requirements of this chapter. The fee for an extended or renewal
permit is $50.
C.
The crane operator and contractor shall have a continuing obligation
to notify the City Engineer of any change in circumstances that may
affect the crane operator's qualification for a City crane registration
certificate or the terms of the City crane registration certificate.
A.
No crane may be operated on a project unless the crane operator and
the work are covered by policies of insurance in at least the amounts
set forth herein:
(1)
Commercial general liability insurance: limits of $1,000,000 per
occurrence/$2,000,000 aggregate.
(2)
Owned, leased, and hired/non-owned commercial automobile liability
insurance: limit of $1,000,000 combined single-limit.
(3)
Worker's compensation insurance: Part A - statutory limits;
Part B - $500,000/$500,000/$500,000.
(4)
Umbrella excess liability insurance: minimum limits of $4,000,000
per occurrence/$4,000,000 aggregate.
B.
Where the contract for the project requires higher levels or additional
types of coverage, the terms of the contract shall control.
C.
The City of Long Branch, its officers, and employees shall be named
as additional insured as relates to lines of commercial liability
coverage.
A.
The crane operator, contractor, or crane owner shall immediately
notify the City Engineer of every accident causing personal injury
or damage to property involving a construction crane covered by this
chapter and shall cooperate with the City and any state or federal
authorities investigating such accident. When an accident involves
the failure, breakage, damage or destruction of any part of the crane,
it shall be unlawful to use such device until after the contractor
or crane operator submits to the City Engineer proof of inspection
of the crane and certification that the crane is safe to operate.
B.
The crane operator, contractor, or crane owner shall immediately
notify the City Engineer of any citations, notifications, warnings,
violations, notices of unsafe conditions, disciplinary, or regulatory
enforcement actions issued by any federal, state, or local agencies
with jurisdiction to inspect any crane covered by this chapter.
A.
All crane equipment shall be kept in safe working condition at all
times by the crane owner, lessee if applicable, contractor, and crane
operator.
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 crane operator
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 federal, state, City,
or municipal authorities 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 crane
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 breaking 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 City. 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 such.
F.
Every crane shall be inspected by the operator 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.
Any crane which is or hereafter becomes unsafe or otherwise
dangerous to human life or public safety, or which involves inadequate
maintenance, shall be deemed in unsafe condition. All unsafe cranes
shall be taken down or removed or made safe as the City Engineer deems
necessary.
The provisions of this chapter shall be enforced by the City
Engineer.
Any person who is convicted of violating the provisions of this
chapter shall be subject to the penalties in provided for in the Code
of the City of Long Branch.
The requirements of this chapter shall be incorporated into
the City's bid specifications and contracts for all public work
in which a crane may be required. Any violation of this chapter may
constitute a breach of such contract.
All ordinances or parts of ordinances inconsistent herewith
are repealed as to such inconsistencies.
If any section, subsection, sentence, clause, phrase or portion
of this chapter is for any reason held invalid or unconstitutional
by any court of competent jurisdiction, such portion shall be deemed
a separate, distinct and independent provision, and such holding shall
not affect the validity of the remaining portions thereof.
This chapter shall take effect upon passage and publication
as provided by law.
