[HISTORY: Adopted by the Township Council of the Township of Marlboro 12-18-2018 by Ord. No. 2018-26. Amendments noted where applicable.]
Uniform construction codes — See Ch. 125.
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.
- CRANE OPERATOR
- An individual engaged in the operation of a crane.
- Refers to any work performed within the Township of Marlboro.
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 Township Engineer.
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 Township Engineer for issuance of a Township crane registration certificate. In emergent situations, the Township 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.
The following documents must be submitted to the Township Engineer by the crane operator and/or contractor as appropriate, together with the application for a Township crane registration certificate:
A current crane operator's license issued by the State of New Jersey pursuant to N.J.S.A. 45:26-1 et seq.
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:
A current medical examiner's certification card.
A copy of the most recent and current proof of inspection for the crane to be operated.
One or more certificates of insurance demonstrating insurance meeting the requirements of this chapter.
Proof of a current commercial driver's license if required to operate the crane.
Proof that crane operator submits to a random drug testing program if the crane requires a commercial driver's license to operate.
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.
Upon receipt of a properly completed application and compliance with the requirements of this section, the Township 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.
The Township 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 Township.
The permit fee for each crane shall be $100. Each Township 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.
The crane operator and contractor shall have a continuing obligation to notify the Township Engineer of any change in circumstances that may affect the crane operator's qualification for a Township crane registration certificate or the terms of the Township crane registration certificate.
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:
Commercial general liability insurance: limits of $1,000,000 per occurrence/$2,000,000 aggregate.
Owned, leased, and hired/non-owned commercial automobile liability insurance: Limit of $1,000,000 combined single limit.
Workers' compensation insurance, Part A: statutory limits; Part B: $500,000/$500,000/$500,000.
Umbrella excess liability insurance: minimum limits of $4,000,000 per occurrence/$4,000,000 aggregate.
Where the contract for the project requires higher levels or additional types of coverage, the terms of the contract shall control.
The Township of Marlboro, its officers, and employees shall be named as additional insured as relates to lines of commercial liability coverage.
The crane operator, contractor, or crane owner shall immediately notify the Township Engineer of every accident causing personal injury or damage to property involving a construction crane covered by this chapter and shall cooperate with the Township 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 Township Engineer proof of inspection of the crane and certification that the crane is safe to operate.
The crane operator, contractor, or crane owner shall immediately notify the Township 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.
All crane equipment shall be kept in safe working condition at all times by the crane owner, lessee if applicable, contractor, and crane operator.
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.
Any and all safety requirements promulgated by federal, state, Township, or municipal authorities must be adhered to at all times.
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.
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 Township. 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.
Every crane shall be inspected by the operator before being erected or operated for the first time on any job.
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 Township Engineer deems necessary.
The provisions of this chapter shall be enforced by the Township Engineer.
Any person who is convicted of violating the provisions of this chapter shall be subject to the penalties in § 4-3 of the Code.
The requirements of this chapter shall be incorporated into the Township'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.