Recent amendments to 1 RCNY 3319-01, the cranes and derricks rule, have revised the DOB permitting requirements for articulating boom cranes and rotating telehandlers.

Certificate of On-site Inspection Required

• When an articulating boom crane or rotating telehandler meets any one of the following, a certificate of on-site inspection (aka CN) from DOB must be obtained for the articulating boom crane or rotating telehandler prior to the use of the articulating boom crane or rotating telehandler at the jobsite:
• The boom, including jibs and any other extensions to the boom, will be extended beyond 135ft. in length at the jobsite.
• The articulating boom crane or rotating telehandler will raise a load at the jobsite to a height of more than 100ft.
• The articulating boom crane or rotating telehandler will be set up on a steel platform at the jobsite, excluding mats or dunnage at the street or ground level
• The articulating boom crane or rotating telehandler has a manufacturer’s rated capacity in excess of 50 tons.
• The application for a certificate of on-site inspection must be filed with the department’s crane and derricks division by a New York state licensed professional engineer

Construction Equipment Permit Required
When an articulating boom crane or rotating telehandler is to be used at a jobsite requiring a construction superintendent, a construction equipment permit from DOB must be obtained for the articulating boom crane or rotating telehandler prior to the use of the articulating boom crane or rotating telehandler at the jobsite.

The application for a construction equipment permit must be filed in the appropriate department borough office by a New York state licensed professional engineer.

Considerations
How the Article is Lifted: The requirement for a certificate of on-site inspection or a construction equipment permit is not dependent upon how the article is lifted. It does not matter if the article is being lifted on forks or is suspended. It does not matter if a winch, cable, or hook is or is not being utilized. If a criterion for a certificate of on-site inspection or construction equipment permit is met, a certificate of on-site inspection or construction equipment permit must be obtained.

Site-specific Criteria: The requirement for a certificate of on-site inspection is not tied to any site-specific criteria. For example, it does not matter if the site is a major building site, a non-major building site, a construction superintendent site, etc. If a criterion for a certificate of on-site inspection is met, a certificate of on-site inspection must be obtained.

The requirement for a construction equipment permit is, however, dependent upon the site requiring a construction superintendent. See Section 3301.13.3 of the New York City Building Code for the list of work that requires a construction superintendent.

Taken together, this means that if none of the criterion for a certificate of on-site inspection are met, and if the site does not require a construction superintendent, for example, the site involves the construction of a new 1-, 2-, or 3-family home, or consists of alteration work not requiring a construction superintendent, neither a certificate of on-site inspection nor a construction equipment permit is needed to use the articulating boom crane or rotating telehandler at the site.

Type of Work: The requirement for a certificate of on-site inspection is not dependent upon the type of work performed. For example, it does not matter if the equipment is only delivering material to the jobsite. Whenever a criterion for a certificate of on-site inspection is met, a certificate of on-site inspection must be obtained.

Master Riggers and Tower Crane Riggers must furnish a letter in advance of certain rigging work to attest they will provide direct and continuing supervision of the rigging work.

For which type of rigging work is a letter required?

A letter attesting the licensee will provide direct and continuing supervision of the rigging work must be prepared by the licensed master or tower crane rigger for rigging work required to be performed by or under the direct and continuing supervision of a licensed master or tower crane rigger.

Rigging work that requires the direct and continuing supervision of a licensed master rigger includes:

• The use of a crane performing work under the master rigger exemption in lieu of the crane obtaining a certificate of on-site inspection (CN)
• The hoisting or lowering of a boiler or tank weighing more than 1 ton at a construction/demolition site
• The hoisting or lowering of articles weighing more than 1 ton – other a suspended scaffold, and other than the loading/unloading of a material delivery truck provided the material is not raised more than 12 feet above the bed of the truck during the loading/unloading process – at a site that is not a construction/demolition site
• The assembly/jumping/or disassembly of a tower crane also requires the direct and continuing supervision of a licensed master rigger or a licensed tower crane rigger.

How is the letter to be provided to the Department?
The letter must be maintained at the jobsite and provided to the department upon request. In addition, where the job requires a permit, such as a certificate of on-site inspection (CN), equipment use permit, or an on-site waiver, the letter must be submitted with the application for the certificate of on-site inspection or permit. For the assembly/jumping/disassembly of a tower crane, the letter must be submitted as part of the plan required by Section 3319.8.1 of the New York City Building Code.

In addition to a letter, the plans for the certificate of on-site inspection or permit must be stamped or otherwise clearly marked, in a format acceptable to the commissioner, indicating the rigging work will be performed by or under the direct and continuing supervision of the master rigger.

What constitutes direct and continuing supervision?

Direct and continuing supervision is defined in Article 401 of Title 28 of the New York City Administrative Code. A key criterion of direct and continuing supervision is that the crew performing the work is in the direct employ of the licensee or the business or city agency with which the licensee is associated. Simply having the licensee, or a rigging foreman designated by the licensee, present at the jobsite does not fulfil the requirements of direct and continuing supervision. To satisfy the requirement for direct and continuing supervision, the members of the rigging crew must also be in the direct employ of the licensee, or in the direct employ of the business or city agency with which the licensee is associated.

For a licensee to associate their license with a business, the licensee must notify the Department’s licensing unit. The association between the licensee and the business must be indicated as active on the license record. The department allows up to two businesses to be associated with a license. A licensee is not considered to be satisfying the requirements of direct and continuing supervision when supervising individuals employed by a business that is not associated with and indicated as active on the license record. For example, a licensee could not claim direct and continuing supervision of employees of a third business not indicated on the license record, nor claim direct and continuing supervision of employees of a business that is listed as inactive on the license record because, for example, the insurance for the business has expired.

1 RCNY 104-20, the rigging license rule, also provides additional requirements that a licensed rigger must fulfil in order to meet the requirements of direct and continuing supervision. These include planning the rigging work, designating a rigging foreman if the licensee will not be present at the site, and maintaining contact with the rigging foreman.