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Proposed Rules: Closed to Comments

Comment By: 
Thursday, August 17, 2017
Proposed Rules Content: 


Statement of Basis and Purpose of Rule


Section 28-405.1 of article 405 of chapter 4 of title 28 of the New York City Administrative Code (“Article 405”) authorizes the department to exempt, via rule, “operators of mobile cranes of a limited size and capacity” from licensing requirements that would ordinarily apply to any person who takes charge or operates any power-operated hoisting machine used for hoisting purposes or cableways.  The proposed amendment to paragraph (1) of subdivision (i) of section 3319-01 of title 1 of the Rules of the City of New York, which contains such licensing exemptions, would add a new exemption #7.

Specifically, the proposed amendment would exempt mobile cranes with a telescopic or hydraulic boom, including jibs and any other extensions to the boom, not exceeding 50 feet (15.24 m) in length with a manufacturer’s rated capacity of 3 tons (2.72 t) or less, otherwise known as “mini cranes”, from the licensing requirements of Article 405, so long as the operator has completed a manufacturer or nationally-recognized certification program that is acceptable to the department.  The licensing requirements in Article 405 require a person to be licensed as a hoisting machine operator in order to operate a hoisting machine, and require 2 to 3 years of experience training under a licensed hoisting machine operator in order to obtain a license.

The proposed amendment addresses the use of mini cranes in the construction industry, which represent a new and evolving class of technology, but do not fit into the current licensing classifications of Article 405, which are predominately geared towards larger cranes.

The proposed amendment would sunset on January 1, 2022.  In the meantime, the department will pursue legislation to create a new licensing class specifically for mini cranes.  The department will also count experience obtained using a mini carne while the proposed exemption is in place towards qualification to obtain the mini crane license.

The Department of Buildings’ authority for these rules is found in sections 643 and 1043 of the New York City Charter and article 405 of chapter 4 of title 28 of the New York City Administrative Code.

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Adopted Rules: Closed to Comments

Adopted Rules Content: 


Statement of Basis and Purpose of Rule


The Department’s current regulations for cranes and derricks are found in Reference Standard RS 19-2 of the 1968 New York City Building Code (RS 19-2).  This standard is being repealed and replaced by this rule.


This rule:


  • addresses the minimum safety requirements for, and regulates the design, construction, permitting, installation, removal, adjustment, repair, inspection, maintenance, operation, and use of cranes and derricks.


  • references, utilizes, and requires compliance with the latest nationally recognized American Society of Civil Engineers (ASCE), American Society of Mechanical Engineers (ASME), European Committee for Standardization (EN), International Organization for Standardization (ISO), and Society of Automotive Engineers (SAE) standards.


  • incorporates several recommendations made by the Department’s High Risk Construction Oversight (HRCO) study (issued June 2009) that pertain to cranes and derricks. 


  • is the first phase of a multi-phase effort to increase public safety by modernizing New York City’s crane and derrick regulations.


  • is based on input from over three dozen representatives of crane and derrick manufacturers, filing engineers, operating engineers, owners, and construction firms.


Subdivisions (a) through (e) of the rule incorporate and edit provisions of RS 19-2 that pertain to the certificate of approval, as well as the definitions and scope language contained in RS 19-2.  The certificate of approval (also known as the “prototyping process” or “prototype”) is the first of three certificates that must be obtained before a crane or derrick can operate in New York City.  The certificate of approval evaluates the design of the make and model of the crane or derrick, and authorizes the make and model of the crane or derrick to operate in the city.  Provisions retaining to the other two certificates (operation and on-site inspection) will be addressed by rule in subsequent phases.




  • Subdivision (a) of the rule is derived from Section 1.0 of RS 19-2.


·         It is revised to update cross references from the 1968 New York City Building Code to the New York City Construction Codes, and to utilize terminology contained in the Construction Codes. 


·         Language is added to clarify that equipment which meets the definition of a crane or derrick is covered by the scope of the rule, and follows similar action taken by OSHA to clarify that dedicated pile drivers and other machinery are considered to be a crane or derrick under the Occupational Safety and Health Administration (OSHA) regulations.


  • Subdivision (b) of the rule is derived from Section 2.0 of RS 19-2, and contains the definitions utilized in the rule.


·         A number of the definitions are contained in Chapter 33 of the Building Code and are republished here for convenience.


·         Definitions not currently found in RS 19-2 are added.


·         The definitions of “attachments” and “component” are derived from HRCO recommendation C-20.  HRCO further recommended that the department develop a system to track components and attachments; this will be assessed in a future phase.


·         The remaining definitions are currently found in RS 19-2, with some modifications made for clarity or to reflect current technology.


·         HRCO recommendation C-12 proposed that the city update its crane regulations to reflect a new type of crane, an “articulating boom crane.”  The definitions for “crane” and “articulating boom crane” are modified in the rule to match earlier changes made to these definitions in the Construction Codes to conform to the HRCO recommendation.


  • Subdivision (c) of the rule cross references and consolidates existing provisions for crane certificates and permits.


  • Subdivision (d) of the rule contains the requirements for the certificate of approval.


·         This language replaces the provisions in section 3.0 of RS 19-2, which is deleted.


·         Paragraph (1) of subdivision (d) adopts certain items in HRCO recommendation C-7 concerning standards to be followed by crane and derrick manufacturers, as well as information crane and derrick manufacturers need to supply to the department.


·         Paragraph (1) of subdivision (d) requires technical information related to the crane or derrick’s wind design and counterweight configurations to be submitted to the department. 


·         Also, paragraph (1) requires an engineer to provide a technical certification as to the design of the crane or derrick. 


·         Current requirements from RS 19-2 for a brochure, load rating charts, and listing of components to be submitted by the manufacturer are retained in paragraph (1).


·         Paragraphs (2) and (3) reflect current requirements.


·         Paragraph (4) clarifies the circumstances that trigger an amendment to a certificate of approval, and the information to be filed as part of an amendment.  It also establishes two new pathways to file an amendment; the first by the manufacturer and the second by an owner of a crane or derrick.  These pathways are derived from OSHA, which limits the ability of an owner to modify a crane or derrick.  (See 29 CFR §1926.1434).


·         Paragraph (5) establishes a new pathway for manufacturers to provide updated information, such as manuals and checklists, to the department without triggering the need to file an amendment.


·         Paragraph (6) provides specific criteria for providing the department with safety bulletins and recall notices. 


·         Paragraph (7) requires notification if the manufacturer loses its ISO accreditation. 


·         Paragraphs (8) and (9) reflect current requirements.


  • Subdivision (e) sets forth acceptable design and testing standards for which cranes or derricks must satisfy in order to be issued a certificate of approval.


Subdivisions (f) through (x) of this rule contain items relating to jobsite specific design and operation of a crane or derrick.  These are simply a re-promulgation of sections of RS 19-2, with minor edits made to renumber and correct cross-references.  These sections will be amended by rule in subsequent phases.


The Department of Buildings’ authority for these rules is found in sections 643 and 1043 of the New York City Charter, section 28-103.19 of the New York City Administrative Code and section 3319.1 of the New York City Building Code.


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Effective Date: 
Fri, 01/01/2016