§ 3314-01 Mast-Climbing Work Platforms (Mast Climbers).
RCNY § 3314-01
(a)Scope. The design, construction, permitting, installation, removal, maintenance, adjustment, repair, use, operation, and inspection of a mast climber shall conform to the requirements of the mast climber manufacturer, ANSI/SIA A92.9-1993, Section 3314.19 of the New York City Building Code ("Building Code"), and this section. Exception. A mast climber shall be exempt from the requirements of this section where a professional engineer, on behalf of the equipment owner, certifies to the department, supported by plans and calculations, that the installation, removal, and use of the mast climber at the job site meets the following conditions: (1) The mast climber is installed, removed, and used within the confines of the job site; and (2) The job site is closed to the public by means of a controlled access zone and protected in accordance with section BC 3307 of the Building Code; and (3) The mast climber, in all conditions of loading, will not overload the street, ground, foundation, structure, roof, setback, or any subsurface vault, tunnel, or utility; and (4) The mast climber is set back from the edge of the job site at a distance that is equal to or more than 125% of the height of the final most vertical member of the mast climber to be installed, as measured from the ground, roof, setback, or structure upon which the mast climber sits; or the mast climber is utilized inside a building or interior court yard, and such area where the mast climber is utilized is closed to the public by means of a controlled access zone and separated from the public by an independent wall or similar solid full height enclosure.
(b)Definitions. In addition to the definitions set forth in Chapter 33 of the Building Code, for the purposes of this section, the following terms shall have the following meanings: (1) Adjustment. The calibration or modification of equipment, including any part or component, that does not otherwise meet the definition of an installation, removal, repair, or maintenance.
(2)Approved plans. For the purposes of this section, such term shall include the approved mast climber notice application.
(3)Critical component. A mast section, platform section, the drive system, and the high/low limit stops.
(4)Equipment owner. The entity that owns the mast climber.
(5)Equipment user. The contractor or entity operating or utilizing the mast climber.
(6)Installation (install).
(i)The initial assembly, set up, or placement of a mast climber at a job site; or (ii) following the initial installation, the addition, relocation, or removal of any part or component, including counterweights, attachments, tie-backs, anchorage, or connection to the structure, which does not otherwise constitute a repair, or does not otherwise occur automatically as part of the normal operation of the mast climber; or (iii) any horizontal relocation of the mast climber at the job site.
(7)Job site. A construction, alteration, or demolition site within New York City.
(8)Maintenance. Regular or periodic upkeep as specified by the manufacturer to keep the mast climber, including all parts and components, in like new condition and safe working order, and that does not otherwise meet the definition of an installation, removal, or repair.
(9)Manufacturer. The entity that owns the rights to the design and manufacturing of the mast climber and possesses the capacity to build and service the mast climber, provide replacements parts or components, and provide technical support for the mast climber.
(10)Mast climber. A mast-climbing work platform as defined by Chapter 33 of the Building Code.
(11)Removal (remove). The disassembly of the mast climber at the job site.
(12)Repair. Work performed to restore a piece of equipment, part, or component to like new condition and safe working order following decay, wear, or damage. It shall also include the replacement of a part or component.
(13)Valid certificate. A department-issued certificate of approval, operation, or on-site inspection that has not expired or been suspended or revoked.
(c)Certificates required. No equipment owner, equipment user, or other entity shall use or permit the use of a mast climber that does not possess and/or is not in conformance with a valid certificate of approval, certificate of operation, and certificate of on-site inspection. Where a mast climber is found not to be in compliance with one or more certificates, the use of such mast climber shall cease. The mast climber shall not be used until it has been brought into conformance with the certificate(s) or a valid or amended certificate(s) has(have) been granted by the department. The three certificates shall be considered to meet the permitting requirements of section 3314.19 of the New York City Building Code.
(d)Certificate of approval.
(1)Application for a certificate of approval. To request a certificate of approval, a mast climber prototype application shall be filed with the department by the mast climber manufacturer. The application shall contain the following information: (i) Owner's manual and operator's manuals. The manufacturer's owner's manual and operator's manual shall show all configurations for which approval is sought, general equipment specifications, installation and removal procedures, break and over speed governor test procedures, daily, frequent, and annual inspection requirements, shutdown wind criteria, maintenance procedures, and repair criteria and standards. Such manuals shall be printed in English, provided in an electronic format, and shall be in conformance with the requirements of Section 4.18 of ANSI/SIA A92.9-1993.
(ii)Capacity chart. The manufacturer's capacity rating chart(s) shall be printed in English, show each configuration for which approval is sought and contain chart numbers and page numbers for identification.
(iii)Brochure. The advertising brochure, or drawing, shall show the general configurations and specifications for which approval is sought.
(iv)Manufacturer's affidavit. An affidavit from the manufacturer of the mast climber that shall contain the following information: (A) Design certification. Certification from the manufacturer that the mast climber has been designed in accordance with and meets the requirements of ANSI/SIA A92.9-1993; (B) Free standing height. A listing of the maximum free standing height shall be provided for each configuration for which approval is sought; (C) Tie-in spacing. Maximum and minimum tie-in spacing shall be provided for each configuration for which approval is sought; (D) Wind speed. Maximum safe in-service and out-of-service wind speed information shall be provided for each configuration for which approval is sought; (E) Safety devices. A listing of safety devices included in the mast climber shall be provided; (F) Annual inspection checklist. An annual inspection checklist, based on the requirements of the manufacturer's owner's and operator's manuals; (G) Safety bulletins. Certification shall be provided by the manufacturer that all manufacturer safety bulletins and recall notices related to the mast climber shall be submitted to the department within five (5) business days of issuance; and (H) Service information. Points of contact for technical and service questions shall be provided, including name(s), phone number(s), fax number(s), address(es), and e-mail address(es).
(v)Additional information. Any supporting data, drawings, or calculations to verify the above-required submissions shall be provided upon request.
(e)Certificate of operation.
(f)Certificate of on-site inspection.
(vi)Rejection of the inspection report. If one or both of the inspection reports are rejected by the department, the mast climber shall cease operation and shall not resume operation until a new owner's inspection report, engineer's inspection report, or both, are accepted by the department and a certificate of on-site inspection is issued by the department.
(g)Photographs. Where photographs are required to accompany an inspection report for a certificate of operation or on-site inspection, such photographs shall be taken at the time of the inspection and shall have sufficient resolution and lighting to clearly show the objects photographed.
(h)Installation and removal. Mast climbers shall be installed and removed in accordance with the requirements of ANSI/SIA A92.9-1993, the requirements of the manufacturer of the mast climber, approved plans, and the following: (1) Owner's responsibility. The equipment owner, or an entity authorized by the equipment owner, shall be responsible for the installation and removal of a mast climber. All violations stemming from the actions taken, or not taken, by those installing or removing a mast climber shall be issued to the equipment owner, or the entity authorized by the equipment owner, not to an individual worker or supervisor.
(14)Signs. No sign, information, pictorial representation, business, or advertising message(s), other than the name of the manufacturer or equipment owner where normally provided on the mast climber, shall be posted or displayed on a mast climber.
(15)End of shift. At the end of each shift, the mast climber shall be secured in accordance with the manufacturer's recommendations, and lowered in accordance with the engineer's approved plans.
(j)Mast climber equipment requirements. Mast climbers shall meet the requirements of ANSI/SIA A92.9-1993 and the following.
(k)Inspection of mast climbers.
(l)Hazardous conditions. When a hazardous condition associated with a mast climber that could impact the public or adjoining property is identified, or where the mast climber fails an inspection required by subdivision (k) of this section, the use and operation of such mast climber shall cease. The mast climber shall not resume operation until the hazardous condition has been corrected and, where necessary, passed a subsequent inspection and/or has been repaired, adjusted, or maintained in accordance with paragraph (4) of subdivision (j) of this section.
(m)Training. Training shall be required for all individuals who install, remove, use, or operate a mast climber.
(n)Documents. A copy of the operators manual, the manufacturer's capacity charts for the mast climber, approved plans, the valid certificate of operation, valid temporary or full certificate of on-site inspection, inspection reports and checklists, the maintenance checklist, and the log required by paragraph (1) of this subdivision (n) shall be kept at the job site, available for inspection by the department upon request. All such documents shall be in English. In addition to the above, where the equipment owner authorizes the equipment user to provide the safety talk in accordance with paragraph (4) of subdivision (i) of this section, or perform adjustments or maintenance to the mast climber in accordance with paragraph (4) of subdivision (j) of this section, a copy of such written authorization shall be kept at the jobsite, available to inspection by the department upon request. Such authorization shall be in English and signed and dated by the equipment owner.
(o)Accident and incident reporting. When a mast climber operating in New York City and requiring a certificate of operation is involved in an accident or incident, the department shall be immediately notified, and use and operation of the mast climber shall cease. Following an accident or incident, no person shall permit any of the following without the permission of the department or under the lawful order of the New York City Police or Fire Department: (1) Use or operation of such mast climber; (2) Removal of the mast climber or any part thereof from the area of the job site; or (3) Removal of any debris, objects or evidence involved in the accident or incident.
(p)Open applications. Applications shall be deemed abandoned, and the fee forfeited, one (1) year after the date of their filing pursuant to the provisions of § 28-105.7 of the Administrative Code.
(q)Waiver. Where the equipment owner or equipment user can demonstrate practical hardship in complying with a requirement of this section, but can provide alternative means of compliance that do not compromise the safety of the public or property, the department may grant a waiver from such requirement of this section, provided the alternative means are complied with.
