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What is NYC BC § 3316.9.1?

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This section mandates that the hoisting or lowering of suspended articles on the exterior of buildings in New York City must be conducted under the supervision of a licensed rigger, with certain exceptions. It applies to contractors and building owners involved in construction, demolition, or facade work requiring safety measures.

General informational summary. Not legal advice for your situation. Consult an attorney before acting on any specific matter.

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3316.9.1 Supervision.

BC § 3316.9.1

The hoisting or lowering of any suspended article on the outside of any building in the city shall be performed by or under the direct and continuing supervision of a licensed rigger. Exceptions: 1. In lieu of a licensed rigger, the hoisting or lowering of a sign may be performed by or under the direct and continuing supervision of a licensed sign hanger.

2.Suspended scaffold operations shall meet the requirements of Section 3314.

3.In lieu of a licensed rigger, the hoisting or lowering of any suspended article on the outside of any building in the city may be performed by or under the supervision of a competent person designated by the contractor using the equipment provided the following conditions are met: 3.1. The hoisting or lowering occurs in conjunction with: 3.1.1. The construction of a new building; 3.1.2. The full demolition of an existing building; 3.1.3. The vertical or horizontal enlargement of an existing building; or 3.1.4. The alteration, maintenance, or repair of a facade of a major building where a site safety plan is required by Section 3310.3. 3.2. All individuals involved in the work are certified or trained in accordance with Section 3316.9.2, where such certification or training is required; 3.3. The hoisting or lowering does not meet the definition of industrial rope access; 3.4. The article being hoisted or lowered is not a boiler or tank; 3.5. The article being hoisted or lowered is not related to the assembly, jumping, or disassembly of a tower crane; and 3.6. Where the hoisting or lowering operation meets the definition of a critical pick, such critical pick is: 3.6.1. Performed in accordance with a plan developed by either a: 3.6.1.1 Licensed master rigger; or 3.6.1.2 Registered design professional who has demonstrated knowledge or experience with safe loads and computation thereof, types of rigging, size and strength of ropes, cables, blocks, and any other rigging equipment to be used during the critical pick; and 3.6.2. Immediately prior to the pick, onsite verification is made to ensure conformance with the plan by either: 3.6.2.1. The licensed master rigger who developed the plan; 3.6.2.2. The registered design professional who developed the plan; or 3.6.2.3. A registered design professional employed by and working under the direct supervision of the registered design professional who developed the plan.

4.Where the hoisting or lowering is performed under the direct and continuing supervision of a licensed rigger, a specialty crew who is not in the direct employ of the licensee or business of the licensee may be utilized, provided: 4.1. The work requires a specialty trade, including but not limited to work with hazardous materials or chemicals; 4.2. The crew is in accordance with rules promulgated by the commissioner; and 4.3. The members of the crew are approved by the commissioner.

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