[HISTORY: Adopted by the Mayor and Council of the Borough
of North Arlington 4-13-2017 by Ord. No. 2216. Amendments noted where applicable.]
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.
The Commissioner of Labor.
Shall be defined in accordance with N.J.S.A. 45:26-1 through
45:26-17 (Licensure of Crane Operators 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.
Operating, inspecting, training and maintenance experience
acceptable to the Board.
The location where the crane shall be stored, placed or operated
from.
The person with ownership rights in the crane.
Any individual, corporation, limited liability company, partnership,
or other legal entity.
A.
No person shall operate a construction crane within the Borough without having first applied for and obtained a construction crane permit required by this chapter, provided that compliance with §§ 124-3, 124-4 and 124-5 may be satisfied by proof satisfactory to the Construction Official of registration with the New Jersey Department of Labor and compliance with all statutes and regulations regarding the licensing and operation of cranes within the State of New Jersey.
B.
The permit will be maintained by the Borough as well as with operator
and/or owner at all times at the crane site. A copy of the permit
shall be produced at the crane site upon demand.
A.
Application to operate a crane is made to the Construction Official
on forms provided for that purpose. The applicant must provide evidence
of and state, at minimum:
(1)
The names and addresses of the owner(s) of the crane;
(2)
The names and addresses of the operator(s) of the crane;
(3)
A copy of valid licenses issued by the New Jersey Department of Labor
reflecting the ownership and operation of said crane;
(4)
A copy of the operator(s)'s certification from one of the following
organizations:
(5)
Proof that the operator submits to a random drug testing program;
(6)
The crane's lift capacity;
(7)
Proof of most recent inspection;
(8)
Engineer certified geotechnical plan for crane site, unless the crane
site shall be in/on a body of water;
(9)
If the crane site is on public property, a Borough right-of-way,
or property owned by someone other than the crane operator or someone
who has contracted with the crane operator for the crane's use,
then the applicant must provide written proof of permission to utilize
the crane site;
(10)
Construction permit;
(11)
Certificate of continuing occupancy;
(12)
New Jersey crane license;
(13)
Current Medical Examiner's card;
(14)
Proof of completion of signal person qualification or certification
course;
(15)
All other permits required by state and federal law;
(17)
A written agreement from the applicant in a form approved by
the Borough Attorney indemnifying and holding the City harmless from
any and all claims, losses, judgments or sums of money of whatsoever
kind and nature arising in, from or in connection with use of the
crane pursuant to a validly issued permit.
B.
A permit must be issued a minimum of five days before any operator,
owner, contractor, other person or company initiates the use of a
crane within the Borough of North Arlington. In emergent situations,
in the discretion of the Construction Official, this requirement may
be waived if the operator meets the balance of the requirements of
this chapter.
C.
Each permit issued pursuant to this chapter shall be valid for a period of 60 days. If the applicant seeks to extend and/or renew a permit issued pursuant to this chapter, the applicant must seek extension or renewal before the expiration of the existing permit. The applicant shall certify that no changes have occurred since the filing of the initial permit application and remit payment of the fee established by § 124-4. If changes have since occurred, without compliance with § 124-6, then the Borough may deny said application for extension and/or renewal.
Application fee for a construction crane permit is $100. The
fee for any renewal and/or extension of an existing permit is $50.
In addition to the information required to be provided pursuant to § 124-3, the applicant shall provide proof of general liability insurance naming the Borough as an additional insured as follows:
Each applicant, for each permit issued pursuant to this chapter, has a continuing obligation to update all information submitted with the applicant's application, pursuant to § 124-3, during the pendency of the application procedure and while the permit is valid.
A.
No person shall operate a crane in the Borough without first having
registered the same as required by this chapter and as required under
all state and/or federal statutes and regulations regarding the same.
B.
No person shall operate a crane within, on or over a public right-of-way,
other publicly owned property or the private property of a person
other than the owner of the crane or a person who has contracted for
the use of or operation of such crane unless and until.
A.
Licensure of operators pursuant to N.J.S.A. 45:26-7. No person shall
engage in the operation of a crane, offer him/herself for employment
as an operator or otherwise act, attempt to act, present or represent
himself as a crane operator unless licensed as such under the provisions
of N.J.S.A. 45:26-1 et seq.
B.
An operator's license shall be valid only in conjunction with
a current certification and only in the specialty or specialties for
which the crane operator is certified. The specialties are lattice
boom crawler crane (LBC), lattice boom truck crane (LBT), telescopic
boom cranes (TLL, Swing Cab) and (TSS, Fixed Cab), tower cranes and
overhead cranes.
The owner of the building shall immediately notify the Borough
of every accident causing personal injury or damage to property involving
a construction crane covered by this chapter and shall afford the
municipal official every facility for investigating such accident.
When an accident involves the failure, breakage, damage or destruction
of any part of the apparatus, it shall be unlawful to use such device
until after an examination by the Borough is made and approval of
the equipment for continued use is granted. It shall be the duty of
the Borough to make a prompt examination into the cause of the accident
and to enter a full and complete report thereof in the records of
the Borough. Such records shall be open for public inspection during
regular business hours.
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 the 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 crane is restored to properly working order.
C.
Any and all safety requirements promulgated by the Board, Commissioner,
or the Borough must be adhered to at all times.
D.
Every crane shall be thoroughly inspected by a competent designated
employee of the 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 breaking mechanisms.
E.
Written, dated and signed records 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 such.
F.
Every crane shall be inspected before 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 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 by the Municipal Engineer. All
unsafe cranes shall be taken down or removed or made safe, as the
Municipal Engineer deems necessary and as provided for in this section.
B.
The Municipal Engineer shall cause a report to be filed on any unsafe
crane. The report shall state the nature of the unsafe condition.
C.
If an unsafe condition is found, the Municipal Engineer shall serve
on the owner, agents or person in control of the crane a written notice
that describes the condition being unsafe and specifies the required
repairs or improvements to be made to abate the unsafe condition.
Such notice shall require the persons thus notified to declare immediately
to the Municipal Engineer exceptions or rejection of the terms of
the order.
D.
Such order 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 the return receipt requested.
If a certified or registered letter is returned showing that the letter
has not been delivered, a copy shall be posed 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 the notice upon
the owner.
E.
The equipment determined to be unsafe by the Municipal 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 violates any provision of this chapter is a disorderly
person and is liable for a fine not to exceed $500 and/or imprisonment
for a period not to exceed 10 days. Each day a violation continues
shall constitute a separate violation. In addition, violations of
this chapter will result in an immediate shutdown of the crane site.
B.
Any person or company who employs an unlicensed person as an operator
or who permits or directs an unlicensed person to operate a crane
shall be subject to a fine of not less than $2,000 and not more than
$20,000 for each violation. Each day of illegal operation shall constitute
a separate and distinct offense.
