(a) Permit required.
(1) A separate construction activity permit is required for each of the following activities, except where otherwise provided by these rules or by permit stipulations:
(i) Placing construction material on street during working hours
(ii) Placing construction equipment other than cranes or derricks on the street during working hours
(iii) Temporarily closing sidewalk
(iv) Constructing temporary pedestrian walk in roadway
(v) Temporarily closing roadway
(vi) Placing shanty or trailer on street
(vii) Crossing a sidewalk
(viii) Placing crane or derrick on street during working hours
(ix) Storing construction material on the street during non-working hours
(x) Storing construction equipment on the street during non-working hours
(2) Permits for construction activity involving building operations shall be obtained only by the general contractor or the construction manager.
(b) Permit requirements. All permits are subject to applicable provisions contained in 34 RCNY § 2-02.
(c) Conditions.
(1) Permits shall be kept on the job site or at the designated field headquarters at all times and shall be made available for inspection.
(2) All obstructions on the street shall be protected by barricades, fencing, railing with flags, lights, and/or signs, placed at proper intervals and at prescribed hours pursuant to 34 RCNY § 2-02(h). During twilight hours the flags shall be replaced with amber lights.
(3) All permittees shall notify the Police Department and the communications center of the Fire Department of all construction activities requiring street closing at least twenty-four hours in advance of the commencement of non-emergency work.
(4) Permittees may be required to obtain approval(s) from OCMC or from a designee of the Commissioner.
(5) All permittees shall comply with the provisions of subdivision (g) of 34 RCNY § 2-02, if applicable.
(d) Conditions for the placement or storage of construction material and equipment (other than cranes) on the street.
(1) Sidewalks shall be kept clear for pedestrian passage and the curbline shall be kept clear and unobstructed for drainage purposes.
(2) The street shall be protected with proper covering to prevent damage (e.g.: planking, skids, plating, pneumatic tires) before construction material or equipment, including containers, are placed on the street. All planking and skids for containers must be a minimum of 1 ½" to a maximum of 3" thick. Overall size must be a minimum of 12"×12" and the placement of the protective covering must not exceed the outer dimensions of the container. Protection shall be placed directly under each steel wheel or roller of the container to adequately distribute the weight. Placement of all protection shall be performed and completed upon delivery by the managing agent, distributor, or owner of the container.
(3) The name, address and telephone number of the owner shall be printed on two sides of each container used for construction debris. This requirement does not apply to conex containers (commonly referred to as shipping or cargo containers), which are not permitted on City streets unless otherwise authorized by the Commissioner.
(4) Each container shall be stored in an area designated by the Commissioner for the storage of construction material.
(5) All containers shall be clearly marked on all four sides with high intensity fluorescent paint, reflectors, or other markings capable of producing a warning glow when struck by the head lamps of a vehicle or other source of illumination at a distance of three hundred feet.
(6) No temporary hoist or scaffold shall be erected on or over a roadway without review of site plans by OCMC, approval of such plans by the Commissioner and a permit from the Department of Buildings.
(7) No temporary fence which extends more than three feet onto the street shall be erected on the sidewalk without the Commissioner's approval of the location and a permit from the Department of Buildings.
(8) Construction material or equipment shall not be stored or placed within:
(i) five feet of railroad tracks;
(ii) three feet of any city-owned electrical systems equipment including, but not limited to, signal and lamp posts, ITS systems, cameras, panel and/or junction boxes, provided that access to the equipment is maintained at all times;
(iii) fifteen feet of hydrants or water sampling stations;
(iv) the area created by extending the building line to the curb (the "corner") or within the area from ten feet of either side of the corner (the "corner quadrant");
(v) any "No Standing" zone; or
(vi) stored at a height greater than five (5) feet, unless such construction material or equipment is a nondivisible load which exceeds five (5) feet in height, or unless otherwise authorized by the Commissioner.
(9) Permittees shall comply with all rules or permit conditions relating to interference with access to subway facilities, fire alarms, street signs, parking meters, emergency telephones, water main valves, utility facilities and any city-owned electrical equipment including, but not limited to, cameras, ITS, street light and signal poles, panel and/or junction boxes.
(10) Space shall be provided within the storage area for loading and unloading construction materials and for all other permissible operations.
(11) The storage area shall be clearly delineated on all sides with barricades, fencing, railing or other safety devices reflectorized and/or illuminated pursuant to 34 RCNY § 2-02(h).
(12) For the purpose of mixing mortar, concrete or other materials, or to bend steel reinforcement bars, surface protection shall be provided.
(13) Mortar boxes for hand mixing shall not extend beyond the area permitted for the storage of materials on the street.
(14) Storage space shall not exceed eighty percent of each linear frontage of the plot on which the buildings are to be constructed, altered or demolished; nor shall more than one-third of the roadway width, with a maximum of one lane measured from the curb, be encumbered with construction material unless a street closing permit is obtained.
(15) The Commissioner may direct that construction material stored or placed within the street line, particularly in a critical area, be confined to the sidewalk frontage area where the building is to be constructed, altered or demolished. The permittee shall enclose the sidewalk storage area with a four foot high barricade or fence pursuant to 34 RCNY § 2-02(h) and shall provide adequate lighting and a minimum of five feet of clear pedestrian passage. A temporary partial sidewalk closing permit shall be required.
(16) All equipment hoses, cables, or wires carried overhead across the sidewalk shall have fourteen (14) feet minimum clearance.
(17) All equipment hoses, cables, or wires placed on the sidewalk while in use shall be bridged and protected by warning signs and/or lights.
(18) A construction activity permit shall be required for a truck crane (boom truck) with telescopic, hydraulic or folding booms, over fifty feet and not more than one hundred thirty-five feet with a maximum rated capacity of three tons. A valid copy of a current "Crane Approval and Operations Certificate (CD)" shall be obtained from the Department of Buildings when a "Certificate of On-site Inspection" is not required.
(19) The permittee must maintain any protective covering placed on the street while construction materials or equipment is on the street.
(e) Temporarily closing sidewalk. A temporary partial sidewalk closing permit shall be required when more than three feet from the property line is obstructed by a fence. A temporary full sidewalk closing permit shall be required when a minimum clear sidewalk passage of five feet cannot be maintained for pedestrians.
(f) Temporary pedestrian walkway in roadway.
(1) The Commissioner may require permittees to construct temporary pedestrian walkways on the roadway when adequate pedestrian passage cannot be maintained on the sidewalk.
(2) If a pedestrian walkway in the roadway is not required, warning signs advising pedestrians to use the opposite sidewalks shall be placed and maintained at each corner or as otherwise directed.
(g) Temporarily closing roadway.
(1) A roadway closing permit is required for closing one or more lanes of the roadway.
(2) A roadway closing permit is required during blasting operations and the firing of shots.
(h) Placement of shanties or trailers on the street.
(1) A permit shall be required to place a construction shanty, trailer, or similar structure on the street.
(2) Placement of shanties or trailers is subject to the same restrictions as the placement of equipment.
(3) Construction shanties or trailers shall be placed within the storage area provided for construction materials.
(4) Shanties and trailers shall be removed from the street when the building structure first floor level is covered by a roof, second floor or a second floor slab, unless otherwise directed by the Commissioner.
(5) Use of a shanty or trailer anywhere on a street as a renting or sales office shall be prohibited.
(6) No lettering or symbols shall be placed on a shanty or trailer except for the name and telephone number of the contractor.
(7) The shanty or trailer shall be lighted or have reflectorized striping on the exterior.
(i) Crossing a sidewalk.
(1) A permit for crossing a sidewalk shall be obtained for the delivery or removal of any construction material or equipment on the street by vehicle or motorized equipment across a sidewalk where there is no approved drop curb (driveway).
(2) A maximum of two sidewalk crossings shall be allowed per each three hundred linear feet.
(j) Placement of cranes and derricks on street. For the purposes of these rules the terms "crane" and "derrick" shall be as defined in the New York City Building Code.
(1) Permit requirements.
(i) Building operations.
(A) A crane permit shall be required for all cranes and derricks operating in the street on building construction or related activity under the jurisdiction of the Department of Buildings, with the exception of: truck cranes with telescopic, hydraulic or folding booms, over fifty feet and not more than one hundred thirty-five feet with a maximum rated capacity of three tons, for which a construction activity permit has been issued.
(B) A crane permit shall be required for assist cranes with a maximum rated capacity greater than twenty tons to assemble, operate, or disassemble any crane on a street. Assist cranes with a maximum rated capacity of twenty tons or less shall require a Construction Activity Permit.
(C) All permittees shall comply with the rules for power operated cranes, derricks and cableways of the Department of Buildings.
(ii) Street operations.
(A) A crane permit shall be required for all cranes and derricks operating in the street with a maximum rated capacity greater than twenty (20) tons and which are not related to building operations.
(B) A construction activity permit shall be required for all cranes and derricks with a rated capacity of twenty tons or less when used for street related activity and where the activity is not under the jurisdiction of the Department of Buildings. A written statement shall be submitted by the owner of the structure, building or premises, general contractor, construction manager, or authorized agent stating that he/she visited the site and that there are no excavations or retaining walls and that no vaults or subsurface construction exists at the site. If there are excavations, retaining walls, vaults or subsurface construction existing at the site, then an affidavit shall be submitted from a Professional Engineer indicating (1) that the sidewalk or roadway and the supporting subgrade can safely bear the crane and crane load, (2) that any existing vaults or other subsurface structures are capable of supporting the crane and load, and (3) that the sheeting or retaining walls supporting any excavations adjoining the street area are capable of supporting the crane and load.
(2) Application. All applicants for a permit shall file the following:
(i) A standard application including the following information:
(A) location of the work site;
(B) nature of the work to be performed;
(C) date of commencement of crane operation and estimated completion date;
(D) length of the crane's boom. (Approval of the Department of Buildings is required for cranes with booms over two hundred fifty feet in length, contingent upon passing a satisfactory assembled inspection for each phase. For such cranes, a special review and approval meeting must be held with the Department of Buildings and the applicant.);
(E) model and serial numbers of cranes to be used;
(F) crane/derrick application form #M12;
(G) approval or permit from the Department of Buildings in the case of new structures, renovations or modifications made to a building, or placement of a sign structure; and
(H) daily or annual overdimensional permit.
(ii) A sketch showing:
(A) proposed location of the crane in the work area;
(B) area to be designated for pedestrian passageway;
(C) measures to be taken from safeguarding and protecting pedestrians and for maintaining vehicular traffic, including OCMC stipulations.
(iii) The following documentation from the Department of Buildings:
(A) "Crane Approval and Operations Certificate (CD)" (for all cranes and derricks).
(B) "Application for a Certificate of On-Site Inspection (Crane Notice)".
(C) All plans/amendments related to the operation and movement of the crane.
(3) Placement. All cranes may be placed partially or entirely on the street, in the discretion of the Commissioner, subject to the following conditions and requirements:
(i) A crane shall not occupy more than one third of the roadway width except in accordance with the stipulations set forth in the street closing permit.
(ii) The extreme outer limit of the crane, in any operating or storage position, shall be at least twelve feet from the opposite curb. The Commissioner may issue a street closing permit when a minimum of twelve feet cannot be maintained.
(iii) Cranes equipped with steel tracks shall be supported by:
(A) steel plates; or
(B) timber platforms not less than six inches thick and covering the entire base of the crane.
(iv) The crane and loads shall not exceed 3,500 lbs. per square foot.
(v) For cranes equipped with rubber tires:
(A) the pressure applied to the street surface through outriggers or other elements of the crane shall not exceed 3,500 lbs. per square foot;
(B) the pressure shall be distributed by timber mats, wood planking or steel plates, extending not less than twelve inches beyond the base of the outriggers on all sides and sufficiently thick to uniformly distribute the load pressure including the weight of the crane.
(vi) Each permittee shall ensure that the surface upon which the crane will rest is capable of supporting the above pressures. The permittee shall further expand the size and thickness of the timber platforms, mats and steel plates beyond the minimum requirements stipulated above for all types of cranes, so as not to exceed the bearing capacity of the street. This shall apply to structural streets and streets over underground facilities/structures as well.
(vii) An alternate means of distributing the load may be approved by the Department of Buildings when a "Certificate of On-Site Inspection" is required.
(viii) When any part of the crane requiring a "Certificate of On-Site Inspection" is placed on the street, a statement by a New York State licensed professional engineer shall be filed with the Borough Permit Office certifying:
(A) that the street area and the supporting subgrade can bear the crane load safely. Should the street condition require that the crane and load be distributed over a larger area than afforded by the elements of the crane, the New York State licensed professional engineer shall furnish full dimensional details of load distribution;
(B) that the engineer has taken all necessary measures to ascertain that there is no vault underneath the sidewalk area or that if a vault does exist its roof is sufficiently strong to support the load to be imposed thereon.
(C) that the sheeting or retaining walls supporting any excavations adjoining the street bearing the load capacity are capable of supporting the area carrying the crane and load. When the crane is used to excavate adjacent to itself, the New York State licensed professional engineer shall specify the sheeting or retaining wall reinforcement required to support the crane and load.
(4) Master or special rigger/sign hanger. A "Certificate of Crane On-Site Inspection" is not required for a master or special rigger or a master or special sign hanger working within the purview of his/her license issued by the New York City Department of Buildings. Permissible work under the supervision of a master or special rigger or a master or special sign hanger includes:
(i) the hoisting or lowering of any article on the outside of any existing/completed building;
(ii) the removal or installation of boilers and tanks; and
(iii) the erection, maintenance or removal of signs or sign structures.
(5) Safety requirements.
(i) For purposes of safety, a flagperson(s) shall be assigned at all times during the operation of the crane to coordinate all crane operations with pedestrian and vehicular traffic and to give proper warnings to the crane operator. Exceptions may be granted under the following conditions:
(A) Where OCMC traffic stipulations provide for the crane to be operated in an area that has been closed to vehicular and pedestrian traffic, and
(B) Where the full outward swing of the crane actually does not exceed beyond the barricade and the sidewalk area within the swing of the crane carriage or boom is securely barricaded pursuant to 34 RCNY § 2-02(h) to prevent pedestrian traffic or an adequate covered pedestrian walkway is provided.
(ii) When a crane is stored on a street it shall be clearly marked with adequate lighting or with high intensity fluorescent paint, reflectors, or other markings capable of producing a warning glow when struck by the head lamps of a vehicle or other source of illumination up to a distance of three hundred feet.
(iii) It shall be unlawful for any person other than a crane operator licensed by the Department of Buildings to operate a crane on a street.
(6) Permits for the placements of a crane on the street may be issued for the area from the northern street line of 66th Street to the extreme southernmost tip of Manhattan as specified on the map in subdivision l and in the following limited cases:
(i) When erecting from the street:
(A) a tower or climbing crane which will be operated within building site property lines; or
(B) a temporary platform or permanent plaza within a building site for the placement of a street crane.
(ii) When erecting a structure/building on a building site from the street within one hundred and ten working days when use of a tower or climbing crane is not practicable.
(iii) Temporary crane permits are issued for the erection of a structure for a maximum of one hundred ten working days. Crane usage shall be apportioned between the various stages of erection by the building owner, the general contractor or the construction manager. A working day is defined as each day covered by an active permit, not by the days a crane operates. Several cranes operating simultaneously at the same site shall be credited with one working day for each day covered by the active permit. The one hundred and ten day limit shall not be exceeded. However, extensions may be granted by the Commissioner in extraordinary circumstances.
(iv) Permittees shall be required to delineate the street area authorized for use in blue thermoplastic tape or paint. Upon expiration or revocation of the permit, the permittee shall remove the paint or markings and restore the area to its original condition.
(7) Letter of Credit. To ensure full compliance with all crane permit terms and stipulations the following requirements and procedures apply:
(i) Permittees are required to file a $40,000 Irrevocable Stand-by Letter of Credit.
(ii) The form of the Letter of Credit and the bank upon which it is drawn shall be approved by the Commissioner.
(iii) The term of such Letter of Credit shall be at least one year. Such Letter of Credit may cover multiple crane permit locations.
(iv) If the permittee fails to remove a crane when required or otherwise violates a permit condition, the terms of the Letter of Credit shall provide that the Commissioner may demand a payment of $1,000 a day for the first five days and $2,500 for each day thereafter.
(v) A Letter of Credit shall not be required in the following circumstances:
(A) contractors with licensed operators performing rigging operations, i.e. hoisting or lowering materials or equipment on or off existing buildings;
(B) in special cases, contractors with licensed operators performing rigging operations in conjunction with new building construction;
(C) contractors with licensed operators performing work on elevated railroad or bridge structure engaged in street construction such as pavement removal, trenching or bulkheading, or in the installation and/or repair of underground shafts, sewers and water facilities.
(k) Format to be used for Irrevocable Stand-By Letter of Credit.
Beneficiary
The City of New York Department of Transportation
Manhattan Street Maintenance Office
Battery Maritime Building, 4th floor
New York, New York 10004
The City of New York Department of Transportation
Manhattan Street Maintenance Office
Battery Maritime Building, 4th floor
New York, New York 10004
Sir/Madam:
By order of our client (name and address of Permittee), we issue this Stand-By Irrevocable Letter of Credit No. . . . . in your favor for $40,000.00 (Forty Thousand U.S. Dollars) effective immediately for our client's performance under the required Crane Permit(s) for the placement of cranes at the following location(s):
____________________________________________
____________________________________________
Funds under this Irrevocable Letter of Credit are available by Sight Draft drawn on us accompanied by:
1. A statement signed by the Commissioner of the New York City Department of Transportation or an authorized representative stating that:
"(Permittee Name) has failed to comply with the terms and conditions agreed to under the permit(s) issued or has failed to remove a crane when required. For this violation the City of New York, acting through its Department of Transportation, is demanding a payment of $1,000.00 (One Thousand U.S. Dollars) a day for the first five days of violation. After five days, payment for the continuing violation is $2,500.00 (Two Thousand Five Hundred U.S. Dollars) a day."
"This(these) violation(s) has(have) existed for . . . days and demand is now made for payment of (enter total amount). We have notified (Permittee name and address) in writing that this certification is being presented."
2. A copy of notice given to (Permittee name) referred to in No. 1 above.
3. The original of this Irrevocable Letter of Credit and Amendments, if any.
The Sight Draft shall bear the following clause:
"DRAWN UNDER (Bank Name), LETTER OF CREDIT NUMBER . . . . . DATED . . . . . . . . . ."
This Irrevocable Letter of Credit expires at (Bank office address) at the close of business on . . . . .
This Irrevocable Letter of Credit sets forth in full the terms of our undertaking and such undertaking shall not in any way be modified, amended, or amplified by reference to any document, instrument or agreement referred to herein or to which this Irrevocable Letter of Credit relates and any such reference shall not be deemed to incorporate herein by reference any document, instrument or agreement.
We agree with you that drafts drawn in compliance with the terms of this Credit shall be honored on presentation.
This Irrevocable Letter of Credit is subject to the Uniform Customs and Practice for Documentary Credits (1993 Revision), International Chamber of Commerce Publication No. 500.
(l) Crane Restricted Area
(m) Pedestrian Traffic Managers.
(1) Permittees must deploy pedestrian traffic managers when required by the department for any of the construction activities set forth in this 34 RCNY § 2-05. Such requirement shall be set forth in a permit stipulation and may be required where:
(i) the permitted construction activity is located within a high pedestrian volume area, which significantly impacts pedestrian circulation; and/or
(ii) conflicts between pedestrians, bicycles and/or vehicles occur as a result of the construction activity.
(2) When deployed and during their employment and active service, all pedestrian traffic managers must have either:
(i) a minimum of five years of law enforcement experience, or
(ii) a minimum of five years of certified flagger experience and pedestrian traffic manager training.
(3) Law enforcement experience may include but not be limited to New York City Police Department, New York City Department of Corrections, New York/New Jersey Port Authority Police, New York State Police, military police, or other comparable municipal law enforcement agencies. Flagger certification must be from an accredited organization.
(Amended City Record 7/8/2016, eff. 8/7/2016)