[HISTORY: Adopted by the Board of Trustees of the Village of Great
Neck Plaza 4-22-1998 by L.L. No. 5-1998.
Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 89.
As used in this chapter, the following terms shall have the meanings
indicated.
A hoisting machine having the capacity to lift and move materials
and which has a boom length of 50 feet or more. The term "crane" shall include
any overhead crane, bridge crane, crawler crane, derrick, jib crane, self-climbing
crane, tower crane or truck crane.
Any assembly, installation, erection, disassembly or removal of a
crane.
Any use of a crane from the time the engine is started until the
engine is stopped and the crane is secured at the end of the workday.
Any individual, partnership, corporation, association or any other
kind of entity.
The Village of Great Neck Plaza and its appropriate officials and
representatives.
A.
No crane shall be deployed or operated within the Village
until application is made to the Village and a valid permit issued therefor.
B.
No permit shall be issued allowing the deployment or
operation of a crane within the Village unless and until the following information
and documents are supplied to, reviewed by and deemed satisfactory by the
Village's Building Department.
(1)
A current crane/derrick/mobile work platform approval
and operation certificate issued by the Department of Buildings of the City
of New York.
(2)
A certification from a licensed professional engineer,
acceptable to the Village, attesting to the stability of the earth and/or
assembly where the crane is to be deployed or a sealed and signed crane shoring
plan from a licensed professional engineer.
(3)
A letter from a licensed professional engineer attesting
to the fact that the crane will be deployed under the engineer's observation
and inspection.
(4)
Certificates of insurance from the contractor in the
amount of at least $1,000,000 per incident, $2,000,000 aggregate and $5,000,000
in umbrella coverage, which insurance covers all deployment and operations
of the crane, names the Village as an additional insured, holds the Village
harmless from all liability associated with the deployment and operation of
the crane, and provides for notice to the Village in the event of cancellation
or amendment. If the Village's Commissioner of Public Services hereinafter
determines that insurance coverage in these amounts is no longer being offered
by insurance companies, then the Board of Trustees, at the request of the
Village's Commissioner of Public Services, if it finds exigent circumstances
warranting immediate action, may by resolution either:
[Amended 3-17-2004 by L.L. No. 1-2004]
(a)
Lessen the specified requisite amounts of insurance to
the maximum levels of coverage then being offered by insurance companies;
or
(b)
Authorize the specified requisite amounts of insurance
to be satisfied by aggregating the insurance coverage obtainable by two or
more parties involved in the deployment or operation of the crane (e.g., the
crane operator and the construction contractor).
(5)
A document prepared by a licensed professional engineer
setting forth operational procedures and limits for the crane, including but
not limited to the angle of the boom deployment when the crane is at rest,
the position of the cable weight and any provision for securing the cable
to a tether when the workday is finished and during those days when the crane
is not in operation.
(6)
Any other information or documents requested by the Village
reasonably related to the operation, deployment and maintenance of the crane.
C.
In the event that the Village Building Inspector or other appropriate Village official determines that, in the circumstances of a particular project, the health and safety of the Village and its residents require it, the Village may retain the services of a licensed professional engineer to perform the services required by § 100-2B(2), (3) and (5) above. In such event, the cost of such services shall be reimbursed to the Village by the applicant for the permit, and the Village may require the applicant to post an undertaking, bond or deposit in an amount reasonably sufficient to pay the estimated cost of such services incurred by the Village.
D.
The fee for a permit under this chapter shall be $500.
A.
No crane shall be operated within the Village of Great
Neck Plaza except in conformity with the following provisions:
(1)
A qualified crane inspector, acceptable to the Village, shall inspect the crane as provided in Subsection A(2) and (5) hereof and shall observe and supervise all operations of the crane at all times when it is in operation. The crane inspector shall work under the authority and supervision of the licensed professional engineer who undertook the procedures set forth in § 102-2B(2), (3) and (5).
(2)
Before the crane is operated at the beginning of a workday
or after a break, the crane inspector shall inspect the machinery and its
appurtenances to ascertain that all systems and safety devices are in proper
operating condition.
(3)
If, in the opinion of the licensed professional engineer
or crane inspector, the crane is not in safe condition or if it is being operated
in an unsafe manner, said person shall immediately direct the construction
superintendent on the job site to halt all work on the job site, including
any and all operation of the crane, and concurrently shall notify the Village
Building Department. When any such order is issued, the crane shall be immediately
shut down and secured under the supervision of the licensed professional engineer
or crane inspector.
(4)
The licensed professional engineer and/or crane inspector
shall maintain a log and shall make timed entries in said log, documenting
all safety inspections and safety-related observations pertaining to the crane's
deployment and operation. The log shall be available for inspection by the
Village at all times.
(5)
When the crane is shut down, during a break or at the
end of the day's operations, the licensed professional engineer and/or
crane inspector shall direct and supervise the securing of the crane, including
but not limited to the angle of the boom, the position of the cable weight
and the deployment of all safety devices, including, if recommended, the tethering
of the cable.
B.
After initial deployment of a crane on a project site, if there is any continuous period of three or more days (exclusive of Sundays and holidays) during which the crane is shut down or otherwise not in operation, then a licensed professional engineer or qualified crane operator shall make a physical inspection of the crane to ensure that it continues to be safely secured, tethered and supported. Such inspection shall be made at least once during each successive three-day period of non-use or non-operations. In addition, such an inspection shall also be made both immediately before and after any period of weather condition which might reasonably be expected to affect the safety of the crane, such as hurricanes, snowfall, excessive rain and high winds. The inspections required by this Subsection B shall be in addition to the other inspections required by this chapter. A report of said inspections shall be included in the log required by § 100-3A(4).
C.
In the event that the Village Building Inspector or other appropriate Village official determines that, in the circumstances of a particular project, the health and safety of the Village and its residents require it, the Village may retain the services of a licensed professional engineer and/or crane inspector to perform the services required by § 100-3A and B above. In such event, the cost of such services shall be reimbursed to the Village by the applicant for the permit, and the Village may require the applicant to post an undertaking, bond or deposit in an amount reasonably sufficient to pay the estimated cost of such services incurred by the Village.
D.
No crane shall be operated by any person who is not duly
licensed to do so by the State of New York.
E.
Any crane which has a boom length of 100 feet or more
must be equipped with a flashing yellow light at all times when it is deployed
or operated.
No crane shall be deployed or operated within the Village except between
the hours of 8:00 a.m. to 6:00 p.m. on weekdays and 9:00 a.m. and 5:00 p.m.
on Saturdays. No crane shall be operated or deployed on Sundays or holidays.
A.
Any professional engineer providing the services and documents required under §§ 100-2 and 100-3 of this chapter must be approved by the Village before the crane is deployed or operated and must furnish documentation acceptable to the Village as to his familiarity and experience with crane construction, safety devices and operation.
B.
Any crane inspector providing the services required under § 100-3 of this chapter must be approved by the Village before the crane is deployed or operated and must furnish documentation acceptable to the Village as to his familiarity and experience with crane construction, safety devices and operation. The crane inspector shall be employed and supervised by the licensed professional engineer.
A.
This chapter shall apply, inter alia, to any person who
owns, leases or controls property within the Village on which a crane is deployed
or operated; to any person who actually deploys or operates such a crane and
to the employees of said person; and to the person who is the general contractor
or construction manager for the project on which the crane is deployed or
operated.
B.
Any person who shall submit a false statement in connection
with any log, permit, record, filing or document required by this chapter
shall be guilty of a violation of this chapter and shall be subject to the
penalties herein provided for.
C.
Each day that a violation of this chapter is permitted
to exist shall constitute a separate violation.
D.
Any person violating any provisions of this chapter shall
be liable to pay a penalty not to exceed $250 or imprisonment for a period
not exceeding 15 days, or both, for such violation.
A.
Whenever the Village has reasonable grounds to believe
that a crane within the Village has been deployed or operated in violation
of the provisions of this chapter, or in an unsafe or dangerous manner, or
that a false statement has been filed in connection with the deployment or
operation of a crane, it shall notify the crane owner and/or the crane operator
and/or the owner of the property on which the crane is located and/or the
general contractor or construction manager of the project on which the crane
is being used, to cease use of the crane immediately, to safely secure said
crane immediately and, if necessary, to cease all work on the project site,
until further order of the Village. Such order and notice shall be in writing,
shall state the conditions, if any, under which the work may be resumed and
shall be served upon the person to whom it is directed either by delivering
the notice personally or by placing it upon a conspicuous portion of the project
site or of the building under construction and sending a copy of the same
by registered or certified mail.
B.
Prior to canceling any stop-work order issued hereunder,
the Village may conduct a public hearing to investigate the grounds which
caused such stop-work order to be issued. In connection with such a public
hearing, the Village may direct all knowledgeable persons (including but not
limited to the crane operator, the crane owner, the crane inspector, the licensed
professional engineer, the construction manager, the general contractor, the
project owner and their agents and insurers) to testify and produce all relevant
documents and information at such hearing. Failure to testify or produce documents
may be a basis for the Village's refusal to cancel the stop-work order.
