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What is NYC BC § 3319.5?

Quick Answer

This section outlines the requirements for obtaining and renewing a certificate of operation for cranes and derricks. It mandates that owners or their representatives file an application and comply with inspection and testing rules set by the commissioner. Applies to owners of cranes and derricks operating in New York City.

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

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3319.5 Certificate of operation.

BC § 3319.5

Certificates of operation shall comply with the following: 1. The owner, or his or her designated representative, of a crane or derrick for which an initial certificate of operation is sought, or for which an existing certificate of operation is intended to be amended or renewed, shall file an application for such certificate of operation and provide such information as set forth in rules promulgated by the commissioner.

2.The commissioner shall issue, renew, or amend a certificate of operation upon satisfactory inspection and testing indicating that such crane or derrick is in a safe operating condition.

3.A certificate of operation shall be valid for a period of one year; except that: 3.1. For a crane or derrick meeting conditions established in accordance with rules promulgated by the commissioner, the certificate of operation shall expire at the end of the job. 3.2. For a crane or derrick which possesses a certificate of operation that expires annually, the owner of the crane or derrick may continue to use the crane or derrick until the department renews or denies the certificate of operation, provided the owner applied to renew the certificate of operation within not more than 60 nor less than 30 days prior to the date of its expiration.

4.The renewal fee for the certificate of operation shall be charged annually, except for a crane or derrick meeting conditions established in accordance with rules promulgated by the commissioner, the fee shall be charged at intervals prescribed in the rule.

5.When a component, as defined in rules promulgated by the commissioner, is replaced or added to the crane or derrick, the certificate of operation shall be amended to reflect such change.

6.A certificate of operation is also required to be amended when otherwise specified in rules promulgated by the commissioner.

7.No crane or derrick subject to one or more of the conditions listed in items 5 or 6 shall operate until an amended certificate of operation has been issued by the department. (Am. L.L. 2023/077, 6/11/2023, eff. 6/11/2023) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2023/077.

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