§ 104-20 Supervisory Responsibilities of a Licensed Rigger.
RCNY § 104-20
(a)Applicability. This section shall apply to all rigging work performed by or under the direct and continuing supervision of a licensed rigger pursuant to § 28-404.1 of the Administrative Code.
(b)Definitions.
(1)For the purposes of this section, the term "critical pick" shall have the same meaning as set forth in Chapter 2 of the Building Code.
(2)For the purposes of this section, the term "direct and continuing supervision" shall have the same meaning as set forth in § 28-401.3 of the Administrative Code.
(3)For the purposes of this section, the term "registered design professional" shall have the same meaning as set forth in § 28-101.5 of the Administrative Code.
(4)For the purposes of this section, the term "rigging foreman" shall mean an individual designated by a licensed rigger in accordance with subdivision (i) of this section. Such person shall have the qualifications set forth in subdivision (h) of this section. The term shall also refer to "suspended scaffold foreman" where such term is used in Chapter 2 of the Building Code.
(c)Planning. Except where the design prepared by a registered design professional is authorized by Chapter 33 of the Building Code or as otherwise specifically provided in paragraph (2) of subdivision (g) of this section, the licensee must personally plan the equipment set-up and operation of all rigging operations. This responsibility may not be delegated.
(d)Supervision of rigging operations other than critical picks and tower crane erection, jumping, climbing or dismantling. Except as otherwise provided in subdivision (e) of this section, the licensee need not be personally on site during rigging operations provided that a rigging foreman designated by the licensee pursuant to subdivision (i) of this section is continuously on site and that such rigging foreman performs and/or manages the work under the off-site supervision of the licensee as follows: (1) the licensee and the rigging foreman at the work site are in frequent and direct contact with each other during the course of the rigging operation; (2) for work involving the use of cranes, derricks, work platforms, suspended scaffolds, or other rigging setup where the safe founding or support of such equipment is a cause of concern (i.e. placed atop sidewalks, roadways or yards where vaults or other subsurface structures exist; or where the person performing a suspended scaffold inspection in accordance with Section 3314.4.3.1 or 3314.4.3.2 of the Building Code has identified a concern, etc.), the licensee personally visits the work site to inspect and approve the rigging equipment founding and setup prior to commencement of rigging operations and each time the founding or support changes; (3) the licensee is readily available to provide on-site supervision should the need arise; and, (4) the rigging foreman has in his or her possession at the work site the "Designated Foreman Card" issued by the department pursuant to subdivision (j) of this section, which shall be presented upon the demand of any authorized enforcement officer.
(e)Supervision of critical picks and tower crane erection, jumping, climbing, or dismantling. The licensee must be continuously on site during critical picks and tower crane erection, jumping, climbing, or dismantling, and must personally perform or personally supervise all such work. Off-site supervision of such work is not permitted.
(f)Rigging Crew. Except as otherwise provided in subdivision (g) of this section, all members of the rigging crew must be under the direct and continuing supervision of the licensee.
(g)Specialty Crew. Notwithstanding the provisions of § 28-401.17 of the Administrative Code, where rigging work is best handled by or requires crews of a specialty trade (e.g. handling hazardous materials or chemicals such as asbestos, or tower crane erection, jumping, climbing, or dismantling) the licensee and/or a rigging foreman designated by such licensee may perform or supervise work on behalf of a person, partnership, corporation or business association engaged in such specialty trade by making an application on a form provided by the department subject to the following conditions: (1) the department must approve the licensee's application for such proposed rigging operation; (2) the licensee must either plan the equipment setup and operation or be an active participant of the planning team; (3) for loads of two thousand pounds or more, for all critical picks, and for tower crane erection, jumping, climbing, or dismantling, the licensee must provide continuous on-site personal supervision to the rigging crew; (4) for loads below two thousand pounds and which are not critical picks, or which are not related to tower crane erection, jumping, climbing, or dismantling, the licensee need not be on site if a rigging foreman designated by such licensee is continuously on site. The rigging foreman shall manage the work under the off-site supervision of the licensee in accordance with the conditions set forth in subdivision (d) of this section; (5) the licensee and/or his or her designated rigging foreman must have full authority to examine rigging hardware, to approve rigging setups, to mandate changes and to stop the job; (6) the licensee is responsible for all aspects of rigging safety on the job; and (7) the licensee shall confirm that members of the specialty crew are insured to the minimum requirements specified in § 28-401.9 of the Administrative Code and are covered by worker's compensation under the specialty crew's employer.
(h)Qualifications for designation as a rigging foreman.
(i)Designation of a Rigging Foreman.
(ii)A photograph of any newly designated rigging foreman.
(iii)The notification shall be signed and notarized by the licensee and shall contain his or her license number.
(iv)The notification shall contain a representation by the licensee that all of the rigging foremen designated by him or her have the qualifications specified in subdivision (h) of this section.
(j)Designated Foreman Card.
(k)Certificate of Fitness for Scaffold Users. In addition to the training requirements of section 3314.4 of the Building Code, individuals who use a suspended scaffold under the direct and continuing supervision of the licensed rigger shall possess a certificate of fitness.
(5)Such certificate of fitness, as well as the certificate card issued pursuant to 3314.4.5.8 of the Building Code, and photo identification of the certificate holder acceptable to the department, must be available on site for inspection.
(l)Failure to comply with rule. If this rule is not complied with, the department may order that rigging operations stop, initiate disciplinary action against the licensee and/or contractor, and/or initiate proceedings for the impositions of fines or civil penalties. (Amended City Record 4/25/2017, eff. 5/25/2017; amended City Record 12/7/2023, eff. 1/6/2024; amended City Record 8/21/2025, eff. 9/20/2025)
