(a) It shall be unlawful for any person, firm, or corporation to use or permit the use of any helicopter or other aircraft within the confines of the City in connection with the construction, alteration, or installation of service equipment or material in or upon any building or structure or to conduct any other external load operation within the City of New York, without first obtaining a permit from the Department.
(b) Before an application for a permit will be approved by the Commissioner, applicant must meet the following requirements:
(1) The staging area must:
(i) Be of sufficient size and location as to permit helicopter landings and takeoffs without unduly creating an annoyance or safety hazard to persons or property in the area.
(ii) Permit freedom of movement for cargo, equipment, helicopter, support personnel and vehicles within the confines of that area.
(iii) Be capable of being sealed off from spectators, vehicles and pedestrians, without creating an attractive nuisance.
(iv) Be free of obstructions to helicopter flight and be capable of providing reasonable control over dust and debris which may be generated by helicopter downwash. All operations and support personnel shall be provided with suitable protective garments, such as hearing protectors, construction helmets and goggles, as required by the Commissioner.
(v) Provide safe approach and departure paths so that in case of an emergency, an autorotational landing may be made without endangering persons or property.
(2) The discharge point must:
(i) Meet all requirements of the Department of Buildings for the installation of service equipment.
(ii) Comply with all Fire Department rules and regulations.
(iii) Comply with all Bureau of Highway Operations rules and regulations concerning the closing of streets and highways which border the operation area.
(iv) The top floors of the building structure intended as the discharge point must be evacuated of all non-essential personnel, except operations personnel, by order of the Commissioner, and all entrances and exits to the building or structure must be blocked or guarded in such a manner as to prevent their use by unauthorized personnel when the rotorcraft load combination is overhead.
(v) The flight path of the rotorcraft with the external load combination may not pass over any structures, buildings or vehicles which are occupied by any persons not connected with the operation, except that the Commissioner shall in all instances, have the power to determine all safety requirements.
(c) Applicant shall conduct test flights with the various loads to be carried to determine:
(1) That the weight of the rotorcraft load combination and location of center of gravity are within approved limits.
(2) That the load is securely fastened and does not interfere with any emergency release devices.
(3) That while hovering or on forward flight the load does not oscillate and is controllable during all phases of the operation.
(4) Each flight operation must be conducted in such a manner that in an emergency, will allow the external load to be released and the aircraft landed without hazard to persons or property.
(d) Permit requirements:
(1) The Commissioner shall in all instances be the final authority on all matters relating to the issuance of permits. Any permits granted under this subdivision (d) may be ordered modified, suspended or revoked by the Commissioner at his discretion for any good cause.
(2) All provisions of laws and rules or regulations of any government agency may be deemed applicable by the Commissioner to insure the safety of persons or property in the air or on the ground in which case they must be complied with.
(3) All applicable labor laws, rules and regulations shall be complied with for any operation.
(4) Operations shall only be conducted during VFR conditions in the daytime. No operation will be approved during adverse or inclement weather, or if the wind exceeds 30 miles per hour or with a gust spread of no more than 15 miles per hour.
(5) Each applicant must hold a valid Rotorcraft External Load Operator Certificate, or equivalent, issued by the FAA under Part 133, as amended or superseded by applicable Federal Aviation Regulations.
(6) A violation of any rule or regulation of the FAA or any other Federal or State agency having jurisdiction over the subject matter of the operation shall be a violation of this chapter.
(7) Each applicant must file his request on a form and in such manner as may be prescribed by the Commissioner.
(8) Upon satisfactory fulfillment of all requirements, the Commissioner may issue a permit together with any restrictions or conditions he deems necessary.
(9) Each applicant must have in force liability insurance in an amount to be determined by the Commissioner with the City of New York included as an additional insured.
(e) Applicant must permit any authorized representative of the Commissioner to conduct inspections or examinations in order to determine whether there has been sufficient compliance with applicable laws, rules and regulations.
(f) Each applicant shall prepare for the Commissioner's approval a detailed diagram of the operations area and depict thereon
(1) Optimum route of flight to the staging area for the purpose of noise abatement and avoidance of obstruction hazards.
(2) Emergency landing area within autorotational range of any and approximate point of descent to landing.
(3) Staging areas, pick-up and discharge points.
(4) Streets, highways, and building exits and entrances which must be closed.
(g) No helicopter having fewer than two engines shall be permitted to conduct external load operations in the City.
(h) Safety.
(1) Each applicant shall provide adequate fire protection during the operation which complies with Fire Department regulations and such other requirements as are set forth herein.
(2) Each applicant shall provide adequate control communications and procedures for the operation.
(3) Each applicant shall obtain all necessary approvals and permits as required by law.
(i) Permit fee. The fee for the issuance of a permit for the takeoff and landing of aircraft used for the external transportation of material or equipment at a non airport location shall be $300.00.