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(1) Applicability. The provisions of this Chapter shall be applicable to the erection, use and inspection of tower cranes and the assembly, use and inspection of mobile cranes when used in the construction or demolition of a structure for which a building or demolition permit is required pursuant to Title 4, The Philadelphia Building Construction and Occupancy Code.
(2) Penalties. Any person who violates any of the provisions of this Chapter shall have committed a Class III offense and shall be subject to the fines set forth in subsection 1-109(3) of The Philadelphia Code. Each day that a violation continues shall be deemed a separate offense.
Notes
1260 | Added, Bill No. 170955-A (approved February 14, 2018). |
(1) No person shall erect a tower crane unless:
(a) the tower crane owner has disclosed the following information to the construction manager and building owner:
(.1) The age of the tower crane that will be used on the project;
(.2) Whether the tower crane manufacturer is currently in business; and
(.3) Whether the original equipment manufacturer's parts are available to repair major components of the tower crane should such repair become necessary;
(b) all rigging equipment used in erecting, climbing (jumping), dismantling and hoisting operations has been inspected by a competent person upon arrival at the installation site and inspected by a qualified person prior to the commencement of the operation;
(c) the tower crane owner, renter or lessee has submitted documentation including plans or drawings to the Department detailing how the tower crane will be supported and attached to the building. Such documentation shall be reviewed and sealed by a professional engineer registered in the Commonwealth of Pennsylvania with expertise in structural design; 1261
(d) the tower crane owner or renter has submitted to the Department a valid Certificate of Insurance with a minimum of fifteen million dollars ($15,000,000) of General Comprehensive Liability Insurance naming the City of Philadelphia as an additional insured and a certificate holder. Such certificate must be maintained in effect at all times the tower crane is located on the job site; and 1262
(e) the tower crane owner or renter has obtained a permit from the Department for the erection of the tower crane, based on submission of the documentation required by subsections (1)(c) and (1)(d). 1263
(2) No person shall erect, climb (jump), lower or dismantle a tower crane unless:
(a) a qualified person who is factory-trained and who is experienced with the specific crane being used is designated by the tower crane owner, renter or lessee to supervise the operation;
(b) the supervisor has submitted a job hazard analysis for the operation to the construction manager;
(c) the tower crane owner, renter or lessee has designated a single competent person to be the dedicated safety representative that is present at the time of the operation;
(d) the supervisor has determined that each member of the crew designated to work on the operation has received a minimum of 30 hours of documented on-the-job or classroom training and, where necessary, is certified in accordance with Section 9-3303 regarding individuals who are involved in any aspect related to the operation of the tower crane;
(e) the supervisor and the dedicated safety representative have convened a site-meeting with all members of the crew in order to ensure that each member understands his/her particular task(s) and the hazards associated with those tasks and the overall operation; and
(f) either:
(.1) the supervisor ensures that site-specific procedures utilizing written instructions provided by the crane manufacturer are followed for the operation. Such written procedures shall be maintained on site with other documentation related to the project and made available for inspection by the Department upon request; or
(.2) a professional engineer registered in the Commonwealth of Pennsylvania who is familiar with the type of equipment involved and the procedures of the operation is present at the site, monitors the operation and provides advice to the supervisor regarding the engineering safety aspects of the operation.
Notes
1261 | Amended, Bill No. 170955-A (approved February 14, 2018). |
1262 | Amended, Bill No. 170955-A (approved February 14, 2018). |
1263 | Added, Bill No. 170955-A (approved February 14, 2018). |
(1) No contractor, construction manager or a qualified person designated as a supervisor of an operation under subsection 9-3302(2)(a) shall:
(a) permit any individual to operate a tower crane, or an assist crane that is used to erect, climb (jump), lower or dismantle a tower crane, unless such individual has been certified by NCCCO, or another organization that is NCCA or ANSI accredited which has equivalent testing and certification requirements. Such programs, at a minimum, shall meet the requirements of the current edition of ASME B30;
Exception: An individual may operate a tower crane without the required certification, provided such operation is performed under the direct supervision of a crane operator that is certified for the type of crane being operated, and the individual is currently enrolled in an apprenticeship or training program that is approved by the Commonwealth of Pennsylvania.
(b) permit any individual to provide hand signals or verbal communications to a tower crane operator directing the operation of the tower crane unless such individual is certified by NCCCO, or another organization whose program is NCCA or ANSI accredited and which program, at a minimum, is based upon the requirements of the current edition of ASME B30.3 ("Tower Cranes"). 1264
(c) permit an individual to perform rigging duties associated with the operation of the tower crane, unless such individual is certified by NCCCO, or another organization whose program is NCCA or ANSI accredited and which program, at a minimum, is based upon the requirements of the current edition of the American National Standard Institute (ANSI) A10.42 standard related to the qualification of "Riggers". 1265
(d) in the interest of safety, allow an operator to remain at the operating controls for a period exceeding four hours without requiring the operator to descend the tower for a break of at least thirty minutes after descent, and such operator must be allowed to descend at any time to have access to sanitary facilities as needed. The operator may be relieved by a second operator for either purpose. 1266
(.1) It shall be unlawful for any person to interfere with, restrain or deny the exercise of, or the attempt to exercise, any right protected under this subsection (d), including by taking any adverse employment action in connection therewith.
(.2) A violation of this subsection (d) shall be a Class II violation and shall be enforced by the Department of Labor pursuant to the process and provisions of subsections 9-4708(1)(a)-(e) of this Code, except that retaliation against an employee for any activity protected under this subsection (d) shall be a Class III offense.
(.3) Operators shall be provided with notice of their rights under this subsection (d) which identifies the Department of Labor as the enforcement agency, within thirty days of this subsection taking effect.
(.4) Contractors shall maintain records of compliance with the provisions of subsection (d) for two years.
(.5) Operators may file an action under this subsection (d) in any court of competent jurisdiction. Upon a finding of a violation, the court shall award the employee any damages suffered and reasonable attorney's fees. Remedies include presumed damages to be awarded to an operator of at least thirty minutes of pay per violation.
(2) No person shall be considered certified pursuant to the requirements of this Section unless such person maintains his or her certification when performing the duties related to the certification in accordance with the requirements of the organization issuing the certification.
Notes
1264 | |
1265 | |
1266 | Added, Bill No. 220666-A (approved December 21, 2022). |
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