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Proposed Rules: Open to Comments (View Public Comments Received:1)

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Comment By: 
Thursday, June 4, 2020
Proposed Rules Content: 



Notice of Public Hearing and Opportunity to Comment on Proposed Rules 




What are we proposing? The Department of Buildings (DOB) is proposing technical cleanup amendments to rules governing the licensing of hoisting machine operators and the rules governing cranes and derricks. DOB is also proposing amendments to the crane rule to add language on peer review of cranes. Finally, DOB is proposing amendments to the rule regarding rigging operations. 


This rule was originally published in the City Record on 3/2/20, and was originally scheduled for an in person public hearing on 4/2/2020 at 2 p.m. Due to the current health emergency, the public hearing for this rule is now being rescheduled as a virtual hearing, which may be accessed according to the information given below in this Notice.   


This Notice supersedes the hearing information for this rule posted on the NYCRules website. 


The text of the proposed rule may be viewed by clicking on the following link to DOB’s proposed rule page:


  • When and where is the hearing?  DOB will hold a public hearing on the proposed rule online. The online public hearing will take place at 11am on 6/4/20. 

Join through Internet:  

  • To join the hearing via your browser either click on the following URL link or copy and paste it into your browser’s address bar.  Then follow the prompts.


When prompted, enter the following meeting password: 10007


When joining the meeting choose either “Use computer for audio” or “Call in” for the audio portion of the public hearing.  If you choose the “Call in” option, the information needed to connect (phone number, Access Code and Attendee ID) will automatically be presented to you immediately after you join the Webex meeting.


If you have low bandwidth or inconsistent Internet connection, we suggest you use the “Call-in” option for the hearing.  This will reduce the possibility of dropped audio and stutters. 

  • Join via phone only: 

To join the meeting only by phone, use the following information to connect:


Phone: 646-992-2010

Access code: 476 750 989

Password (if requested): 10007    


 How do I comment on the proposed rules?  Anyone can comment on the proposed rules by: 

  • Website.  You can submit comments to the DOB through the NYC rules website at 
  • Email.  You can email comments to  
  • Comments cannot be submitted by mail or fax at this time because the DOB office is temporarily closed. 
  • Speaking at the hearing.  Anyone who wants to comment on the proposed rule at the public hearing must sign up to speak.  You can sign up by emailing 5/28/20 and including your name and affiliation.  While you will be given the opportunity during the hearing to indicate that you would like to provide comments, we prefer that you sign up in advance.  You can speak for up to three minutes. 

Is there a deadline to submit comments?  Yes, you must submit comments by 6/4/20. 


What if I need assistance to participate in the hearing? You must tell the Office of the General Counsel if you need a reasonable accommodation of a disability at the hearing. You can tell us by email at  Advance notice is requested to allow sufficient time to arrange the accommodation.  You must tell us by 5/28/20. 


This location has the following accessibility option(s) available: Simultaneous transcription and an ASL interpreter for people who are hearing impaired, and audio only access for those who are visually impaired.   


Can I review the comments made on the proposed rules? You can review the comments made online on the proposed rules by going to the website at   


What authorizes DOB to make this rule? Sections 643 and 1043(a) of the City Charter, section 28-104.7.11 of Chapter 1 and Article 405 of Chapter 4 of the City Administrative Code and sections BC 3316 and BC 3319 of the New York City Building Code authorize DOB to make this proposed rule.  The part of this proposed rule dealing with crane peer review was included in DOB’s regulatory agenda for this Fiscal Year.  The other proposed changes were not, as they were not anticipated at the time the agenda was published. 


Where can I find DOB’s rules?  DOB’s rules are in Title 1 of the Rules of the City of New York. 


What rules govern the rulemaking process? DOB must meet the requirements of Section 1043 of the City Charter when creating or changing rules. This notice is made according to the requirements of Section 1043(b) of the City Charter.



See Notice

No contact

Download Copy of Proposed Rule (.pdf): 

Proposed Rules: Closed to Comments (View Public Comments Received:1)

Comment By: 
Thursday, April 2, 2020
Proposed Rules Content: 

Statement of Basis and Purpose of Proposed Rule


The proposed amendments: 

·       Make technical cleanups to rules governing the licensing of hoisting machine operators, as follows:

  • Sections 1 and 4 of the proposed amendments correct a logical inconsistency in sections 104-09 and 104-23 of chapter 100 of Title 1 of the Rules of the City of New York. The proposed amendments will prevent a misinterpretation that would prohibit some applying credits obtained on larger machinery towards obtaining more limited licenses.
    • Article 405 of Title 28 of the New York City Administrative Code does not establish pre-requisite licensing in order to obtain a Class A or a Class C Hoisting Machine Operator license.
    • Only people applying for a Class B Hoisting Machine Operator license must first be licensed as a Class A Hoisting Machine Operator. 
    • Individuals who originally intended to get a Class A license but ultimately choose to apply for a Class C license have previously been allowed to credit experience obtained on larger Class A machinery in applying for the more limited Class C license.
    • Similarly, individuals who originally intended to obtain a Class C license but ultimately choose to train on larger Class A machinery and apply for a Class A license have not been required to first obtain a Class C license. 
  • Sections 2 and 3 of the proposed amendments remove a distinction between a certification for a tower crane and a self-erecting tower crane.  This amendment mirrors current national crane certifications, which do not distinguish between tower cranes and self-erecting tower cranes. 

·       Include additional rigging best practices (Sections 5 and 6). 

·       Make technical cleanups to rules governing cranes and derricks, as follows:

    • Section 8 of the proposed amendments will require additional engineering information to be submitted to the department for tower crane prototype review; these values were inadvertently left out of the current rules.
    • Section 9 corrects terminology related to a “phase” or “jump.”
    • Section 10 clarifies that a licensed master or tower crane rigger can witness a tower crane load test.
    • Section 12 clarifies that cranes or derricks that are used under the supervision of a master rigger must maintain the same jobsite logs as a crane that requires a certificate of on-site inspection 
    • Section 13 clarifies the title and scope of a particular section of the rule. 

·      Codify requirements contained in Buildings Bulletin 2019-005 regarding peer review for cranes and derricks in Sections 7 and 11.  The department requires certain cranes or derricks with complex or out of the ordinary loading, load  paths,  configurations,  operations,  or  site conditions, or whose setup requires enhanced coordination among city agencies to be subject to a peer review.  During a peer review, an independent New York State professional engineer reviews the application submitted by the crane or derrick notice engineer and provides an additional verification that the crane or derrick design indicated on the submitted crane or derrick notice application is in general conformance with New York City Codes, rules, and regulations for cranes and derricks.  This rule will provide uniform requirements for crane and derrick peer reviewers and crane and derrick peer reviews. 

The Department of Buildings’ authority for these rules is found in sections 643 and 1043 of the New York City Charter, section 28-104.7.11 of Chapter 1 and Article 405 of Chapter 4 of the City Administrative Code and sections BC 3316 and BC 3319 of the New York City Building Code. 

New material is underlined.

[Deleted material is in brackets.]



Department of Buildings
280 Broadway, 5th floor conference room
New York, NY 10007

No contact

Download Copy of Proposed Rule (.pdf):