Ordinance O2021-1110 Active

Non-Routine City Matters Municipal Code


Amendment of Municipal Code Chapter 4-288 to further regulate requirements for crane operators

Sponsors

Sponsor Ward
Villegas, Gilbert
Villegas, Gilbert Primary Sponsor Villegas, Gilbert in Chicago City Council (Alderman)

History

Date Action Legislative body
3/23/21 Referred to Committee on License and Consumer Protection Chicago City Council

Legislation text

ORDINANCE CHAPTER 4-288 CRANE OPERATORS 4-288-010 License - Required. 4-288-020 Definitions. 4-288-030 Application - Qualification for examination. 4-288-040 Examinations - Administration, regulation and enforcement. 4-288-050 Examination - Exemptions and waivers. 4-288-060 License - Issuance. 4-288-065 Building permit privileges - Suspension. 4-288-070 License - Classification. 4-288-080 Reserved. 4-288-090 License - Term - Renewals - Reinstatement fee. 4-288-100 Examination and license fees. 4-288-110 Apprentice crane operators - Permit required. 4-288-120 Carrying license, certificate or permit while operating crane - Required. 4-288-122 Permit to assemble or jump cranes - When required - Unlawful acts. 4-288-125 Notification of accident or safety issue - Required. 4-288-127 Safe Equipment - Required. 4-288-128 Failure to comply with rules and regulations - Unlawful act. 4-288-130 License - Revocation or suspension. 4-288-140 Violation - Penalty. 4-288-010 License - Required. It shall be unlawful for any person to operate any crane, as defined in this chapter, on any construction, rehabilitation, repair or demolition project undertaken within the City of Chicago where a permit for such work is required by this Code without first having obtained a crane operator's license. It shall be unlawful to employ any person or to permit or direct any person on such a project to operate a crane as defined in this chapter unless such person holds a valid crane operator's license. (Added Coun. J. 12-9-92, p. 25465) 4-288-020 Definitions. For the purposes of this chapter, the following definitions shall apply, unless the context clearly indicates otherwise: "Apprentice crane operator" means an individual training to operate a crane under the direct supervision and responsible control of a crane operator properly licensed under this chapter. "Approved accredited certifying entity" means any organization whose certification program for crane operators is accredited by the National Commission for Certifying Agencies (NCCA) or its equivalent, and that meets other criteria as may be established by the commissioner. Equivalency to the NCCA certification program shall be determined by the commissioner. "Board of crane operators examiners" or "board" means the board of crane operators examiners established pursuant to Section 2-116-250. "Certificate of registration" means a written instrument issued by the department acknowledging that the named person holds a crane operator's license under this chapter. "Commissioner" means the commissioner of buildings or the commissioner's designee. Such designee may include, but is not limited to, a construction equipment inspector. "Construction equipment inspector" means a person designated by the commissioner to enforce the provisions of this chapter. A construction equipment inspector shall have the authority to enter any jobsite to inspect or review jobsite conditions and to stop work when appropriate to ensure that cranes are operated, maintained, assembled, disassembled or jumped in a manner necessary or appropriate to protect public safety and consistent with the information set forth in the permit application required under Section 4-288-122. "Crane" means, except as provided for in Section 4-288-035, any power-operated mechanical hoisting equipment that lifts, lowers, rotates or moves a load horizontally or vertically with either a manufacturer's rated capacity of one-half (1/2) ton (1,000 pounds) or more or where such hoisting exceeds 15 feet or occurs more than 15 feet above ground level, that lifts, lowers, rotates or moves a load horizontally or vertically. Such equipment includes, but is not limited to: (1) articulating cranes, including knuckle-boom cranes used to deliver material onto a structure with or without a properly functioning automatic overload prevention device; (2) crawler cranes; (3) floating cranes; (4) cranes on barges; (5) locomotive cranes; (6) mobile cranes, such as wheel- mounted, rough-terrain, all-terrain, commercial truck- mounted, and boom truck cranes; (7) multipurpose machines when configured to hoist and lower (by means of a winch or hook) and horizontally move a suspended load; (8) industrial cranes (such as carry deck cranes); (9) service/mechanic trucks with a hoisting device; (10) cranes on monorails; (11) tower cranes (such as a fixed jib, i.e. "hammerhead boom"), luffing boom and self- erecting; (12) pedestal cranes; (13) portal cranes; (14) overhead and gantry cranes; (15) derricks; (16) powered window washing units if used to erect portions of a building; (17) track backhoes if used to erect portions of a structure; (18) rack and pinion/skips; (19) Chicago booms; (20) hydraulic crawler/hydraulic truck cranes (lattice booms); (21) drumhoists; (22) variations ofthe equipment listed in items (1) through (21) of this definition; and (23) any other equipment that the commissioner, in consultation with the board, reasonably determines is appropriately characterized as a crane as set forth in rules and regulations duly promulgated by the commissioner. The term "crane" does not include (i) dedicated pile drivers; (ii) straddle cranes; (iii) sideboom cranes; (iv) elevators; (v) powered window washing units unless the unit is used to erect portions of a building; (vi) skid steers; (vii) all-terrain forklifts unless the forklift is configured to hoist and lower (by means of a winch or hook) and horizontally move a suspended load; (viii) mast-climbing work platforms, but it shall include booms attached to mast- climbing work platforms if the boom has a manufacturer's rated capacity of one ton (2,000 pounds) or more; (ix) any equipment listed in subsection (c) of 29 C.F.R. 1926.1400 unless such equipment is listed in items (1) through (23), inclusive, of this definition; (x) variations of the equipment set forth in items (i) through (ix) of this definition; and (xi) any other equipment that the commissioner, in consultation with the board, reasonably determines is not appropriately characterized as a crane as set forth in rules and regulations duly promulgated by the commissioner. "Department" means the department of buildings. "Licensee" means any person licensed or required to be licensed under this chapter. "Practical examination" means an examination testing the skills of an applicant for a license under this chapter in connection with the physical operation of the specific equipment for which a license is required underthis chapter. "Safety issue(s)" means unsafe equipment and/or unsafe working conditions. "Unsafe working conditions" means (1) physical or other conflicts between more than one crane on a jobsite; (2) hoisting or swinging a load over an occupied building or over any walkway, traffic lane, or parking lane that is open for use by pedestrians or vehicular traffic; (3) any safety or operational aid used or required to be used in connection with the operation of a crane that is not working properly; or (4) any other working condition that the commissioner determines jeopardizes or threatens to jeopardize the health, safety or welfare of any crane operator or the general public, as set forth in rules and regulations duly promulgated by the commissioner. "Written examination" means an examination administered in a paper or computer-based format, testing the knowledge of an applicant for a license under this chapter in connection with the substantive requirements of applicable codes, operating procedures, and other similar knowledge related to the operation of a crane(s). (Added Coun. J. 12-9-92, p. 25465; Amend Coun. J. 12-11-13, p. 71889, § 1; Amend Coun. J. 11-19-14, p. 98037, § 18; Amend Coun. J. 7-29-15, p. 3653, § 1) 4-288-030 Application - Qualification for examination. An applicant for a crane operator's license shall file an application' with the commissioner on a form provided by the commissioner and in accordance with reasonable requirements determined by the commissioner. To qualify to take the crane operator's license examination, the applicant must provide evidence in a form acceptable to the commissioner that: The applicant is at least 21 years old; The applicant has worked as a crane operator for at least 2,000 hours during the preceding 48-month period or that the applicant has completed an apprenticeship training program approved by and registered with the United States Department of Labor's Office of Apprenticeship, or its successor organization, that has graduated at least five (5) apprentices in each of the past five (5) years that is recognized by the board of crane operators examiners^ and where applicant certifies that as part of the apprenticeship, he or she has trained on at least one piece of equipment in the class being tested for: The applicant has not had a crane operator's or comparable license suspended or revoked by the City of Chicago or any other jurisdiction; provided, however, that upon good cause shown and after a full investigation, the building commissioner may waive this prohibition; The applicant has no history of substance abuse during the preceding three years or that the applicant has successfully completed a certified substance abuse rehabilitation program; The applicant has the present physical ability to safely operate a crane; and The applicant has the ability to read, write and speak English at a level that allows effective communication on the job site. In addition to the requirements in subsection (b) of this section, to qualify to take the crane operator's license examination after March 1, 2016 or the date applicable to paragraphs (a)(2) and (f) of 29 C.F.R. 1926.1427 as set forth in 29 C.F.R. 1926.1427(k)(1), whichever comes later, the applicant shall have a current and valid certification issued by an approved accredited certifying entity identifying the type(s) of crane that the applicant is certified to operate. (d) All applicants meeting the qualifications in this section shall be allowed to take the crane operator's license examination upon payment of the required fee7 provided no applicant may take the written1 examination and practical examination more than 12 months apart. (Added Coun. J. 12-9-92, p. 2,5465; Amend Coun. J. 12-11-13, p. 71889, § 2; Amend Coun. J. 11-19-14, p. 98037, § 18; Amend Coun. J. 7-29-15, p. 3653, § 1) 4-288-035 Insurance Requirements For purposes of this Section, "crane" means any power-operated mechanical hoisting equipment of any capacity of tonnage that lifts, lowers, rotates or moves a load horizontally or vertically where such hoisting exceeds 15 feet or occurs more than 15 feet above ground level. For purposes of this Section, "crane" does not mean hoisting eguipment where such eguipnnent is located wholly within the confines of the structure being built and does not lift, lower, rotate or move a load horizontally or vertically outside or above the structure!at any time. Prior to operating a crane as defined bv this Section, the crane operator must obtain commercial general liability insurance against any liability, loss, or claim caused bv, or arising from the operation of such crane. Such insurance must meet all of the following criteria: (a) Be issued bv an insurer authorized to insure in Illinois (b) Be in an amount no less than $1 million per occurrence for bodily injury, personal injury, and property damage. (c) Name the City, its officers, employees, and agents as additional insured on a primary, noncontributorv basis for any liability arising directly or indirectly from the crane operator's operations. (d) Be maintained in full force and effect at all times that the crane is present. The crane operator must keep copies of all reguired proof of insurance at the crane site and offices of the crane operator and must produce those documents for inspection upon the reguest of an authorized City official. 4-288-040 Examinations - Administration, regulation and enforcement. The commissioner is authorized to adopt reasonable rules and regulations necessary or appropriate to implement the requirements of this chapter, including, but not limited to, the time, manner and content of the crane operator's examination. Such rules and regulations shall (i) enable the department to fully assess the competency and fitness of each applicant to operate the type of crane for which a license under this chapter is being sought and (ii) require the applicant to show or demonstrate an acceptable ' degree of knowledge of crane otherwise provided in Section operation and related safety practices. Except as 4-288-050, the commissioner shall establish specific examinations for the various types of cranes covered by this chapter. The board shall assist the commissioner in the administration, regulation and enforcement of the examination and licensing provisions of this chapter. (Added Coun. J. 12-9-92, p. 25465; Amend Coun. J. 6-14-95, p. 2841; Amend Coun. J. 12-11 -13, p. 71889, § 3; Amend Coun. J. 11 -19-14, p. 98037, § 18; Amend Coun. J. 7- 29-15, p. 3653, §1) 4-288-050 Examination - Exemptions and waivers. The commissioner, in consu tation with the board, may promulgate rules and regulations waiving or otherwise exempting applicants for a license under this chapter from such portions of any examination required under this chapter based on criteria, set forth in such rules and regulations, that the commissioner determines are consistent with public safetvv, provided, however, that in no event shall an applicant be waived or exempted from taking the written examination and practical examination more than 12 months apart. (Added Coun. J. 12-9-92, p. 25465; Amend Coun. J. 12-11-13, p. 71889, § 4; Amend Coun. J. 11-19-14, p. 98037, § 18; Amend Coun. J. 7-29-15, p. 3653, § 1) 4-288-060 License - Issuance. An applicant who successful y passes the crane operator's examination or is granted a waiver of the examination pursuant to Section 4-288-050, and who otherwise meets the requirements of this chapter, shall be issued a license by the commissioner upon payment of the required fees. (Added Coun. J. 12-9-92, p. 25465; Amend Coun. J. 12-11-13, p. 71889, § 5; Amend Coun. J. 11-19-14, p. 98037, §' 18; Amend Coun. J. 7-29-15, p. 3653, § 1) 4-288-065 Building permit privileges - Suspension. The Commissioner of Buildings may suspend the ability of any person licensed, registered or certified or required to be licensed, registered or certified underthis chapter to submit new applications or complete pending applications for a building permit or other permit issued by the Department of Buildings for cause as set forth in Section 14A-3-304 of this Code. J. 2-22-17, p. 43876, § 12; Amend Coun. J. 4-10-19, p. 100029, Art. II, § 4-288-070 License - Classification. The commissioner may promulgate rules and regulations creating various classes of the license required by this chapter, reflecting the different levels of competency of a crane operator. (Added Coun. J. 12-9-92, p. 25465; Amend Coun. J. 12-11-13, p. 71889, § 6; Amend Coun. J. 11-19-14, p. 98037, § 18; Amend Coun. J. 7-29-15, p. 3653, § 1) 4-288-080 Reserved. Editor's note-Coun. J. 12-11-13, p. 71889, §7, as amended by Coun. J. 11-19-14, p. 98037, § 18 and Coun. J. 7-29-15, p. 3653, § 1, repealed § 4-288-080, which pertained to licenses issued by other governmental agencies. 4-288-090 License - Term - Renewals - Reinstatement fee. The crane operator's license shall be valid for not less than one and not more than five years from the date of issuance. The license may be renewed (1) upon payment of the renewal fee prior to or within three months of expiration of a valid operator's license; and (2) after the date set forth in Section 4-288-030(c), upon proof that the applicant has a current and valid certification issued by an approved accredited certifying entity identifying the type(s) of crane however, that this item (2) sha that the applicant is certified to operate; provided, I not apply if no national certification exists for specific machines the operation of which requires a license under this chapter. Expired licenses may be reinstated within no later than three years from the date of expiration upon payment of a $100.00 reinstatement fee in addition to the renewal fee for each year in which the license was expired. If reinstatement under this Section is sought after three years from the date of expiration, the crane operator is reguired to reapply pursuant to Section 4-288-030 of this Chapter. (Added Coun. J. 12-9-92, p. 25465; Amend Coun. J. 12-11-13, p. 71889, § 8; Amend Coun. J. 11-19-14, p. 98037, § 18; Amend Coun. J. 7-29-15, p. 3653, § 1) 4-288-100 Examination and license fees. (a) Examination fees - General. The fee for any crane operator's examination administered by the department or through an entity authorized by the department shall be $150.00 for any required written examination and $250.00 for any required practical examination. Applicants seeking to be examined for more than one license classification shall pay such fee for each additional required written or practical examination. is competent to operate. License fee. The fee for a crane operator's license shall be $100.00 for a one-year license and $300.00 for s license in effect for five years. Upgrading license classifications. In addition to any examination fee required under subsection (a) of this sejction, an administrative processing fee of $50.00 shall be assessed if the licensee seeks to obtain an amended license identifying additional type(s) of cranes the licensee (Added Coun. J. 12-9-92, p. 25465; Amend Coun. J. 12-11-13, p. 71889, § 9; Amend Coun. J. 11-19-14, p. 98037, § 18; Amend Coun. J. 7-29-15, p. 3653, § 1) 4-288-110 Apprentice crane operators - Permit required. be valid for one year and may An apprentice crane operator's permit may be issued to an individual by the commissioner authorizing the apprentice to work as an apprentice crane operator under the direct supervision and responsible control of a crane operator properly licensed under this chapter. Applicants for such apprentice permit shall submit to the department a notarized statement from an employer of licensed crane operators under whom the apprentice will be working, or from an officer of a training program approved by the commissioner. Such statements shall contain a certification that the applicant will receive training under the direct supervision and responsible control of a licensed crane operator. The fee for an apprentice permit shall be $50.00. The apprentice permit shall ae renewed at a cost of $50.00. (Added Coun. J. 12-9-92, p. 25465; Amend Coun. J. 12-11-13, p. 71889, § 10) 4-288-120 Carrying license, certificate or permit while operating crane - Required. At all times while operating a crane, the licensee or apprentice shall carry his or her license, certificate of registration or apprentice permit, and proof of general liability insurance, as applicable, on his or her person. Failure to produce a crane operator's license, certificate of registration er-apprentice permit, or proof of general liability insurance upon request of the; commissioner while operating a crane shall be punishable by a fine of $200.00. (Added Coun. J. 12-9-92, p. 25465; Amend Coun. J. 12-11-13, p. 71889, § 11) 4-288-122 Permit to assemble or jump cranes - When required - Unlawful acts. approval of the department. Prior to assembling or jumping any tower crane or derrick-type equipment, a permit authorizing such activity shall be obtained from the department by the owner or lessee of the building or premises on which such activity will occur or by such owner's or lessee's authorized agent. Such owner, lessee and agent shall be jointly and severally liable for any violation of this sjection. The application for such permit shall be in a form, and accompanied by information or materials, reasonably required by the commissioner. It shall be unlawful for any person to assemble or jump any crane for which a permit is required under subsection (a) of this section unless a valid permit authorizing such activity has been obtained and is available for immediate inspection on the site of such activity. No modification to any crane, derrick, foundation, tie-in, or configuration shall be made without the prior written (Added Coun. J. 12-11-13, p. 71889, § 12) 4-288-125 Notification of accident or safety issue - Required. It shall be the duty of each crane operator or person employing such crane operator to immediately report to the department any and all accidents or safety issue(s) regarding the operation, assembly, disassembly or jumping of a crane. (Added Coun. J. 12-11-13, p. 71889, § 13) 4-288-127 Safe Equipment - Required (a) All crane equipment shall be kept in safe working condition at all times by the owner and licensee. (b) If any safety device or operational aid used or required to be used in connection with the operation of a crane is not working properly, the person operating such crane shall immediately shut down the crane until the required safety device or operational aid is repaired or replaced and the crane is restored to proper working order. appropriate to securing the sa (c) The commissioner may promulgate rules and regulations to protect the public safety in connection with the operation, maintenance, assembly, disassembly or jumping of cranes. Such regulations may include any structural, communication, reporting or other requirements deemed by the commissioner to be necessary or ety of the crane operator or the general public. (Added Coun. J. 12-11-13, p. 71889, § 14) 4-288-128 Failure to comply with rules and regulations - Unlawful act. It shall be unlawful for any person to violate any applicable rule or regulation duly promulgated by the commissioner under this chapter. (Added Coun. J. 12-11-13, p. 71889, § 15) 4-288-130 License - Revocation or suspension. The Commissioner of Buildings may suspend or revoke the license, registration or certification of any person licensed, registered or certified under this chapter as provided in Section 14A-3-305 of this Code. (Added Coun. J. 12-9-92, p. 25465; Amend Coun. J. 12-11-13, p. 71889, § 16; Amend Coun. J. 2-22-17, p. 43876, § 12; Amend Coun. J. 4-10-19, p. 100029, Art. II, § 56) 4-288-140 Violation - Penalty Any person who operates a crane without meeting the requirements of this chapter or any rule or regulation promulgated thereunder shall be subject to a fine of not less than $1,000.00 nor more than $10,000.00 for each violation. Each day of illegal operation shall constitute a separate and distinct offense. Any person who employs an unlicensed person as a crane operator or who permits or directs an unlicensed person to operate a crane shall be subject to a fine of not less than $2,000.00 nor more than $30,000.00 for each violation. Each day of illegal operation shall constitute a separate and distinct offense. (Added Coun. J. 12-9-92, p. 25465; Amend Coun. J. 12-11-13, p. 71889, § 1) Gilbert Villegas Alderman, 36th Ward