SUBSTITUTE /ORDINANCE
WHEREAS, The City of Chicago is a home rule unit of government as defined in Article VII, §6(a) of the Illinois Constitution, and as such may exercise any power and perform any function pertaining to its government and affairs; and
WHEREAS, The licensingt>f crane operators is a matter of public safety pertaining to the government and affairs of the City of Chicago; and
WHEREAS, Active cranes in Chicago operate in a dense urban environment, often in close proximity to residential units, office spaces and pedestrians, thus underscoring the need for professional crane operators who adhere to the highest ' standards of safety; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CHICAGO:
SECTION 1. Section 4-288-020 ofthe Municipal Code of Chicago is hereby amended by deleting the language struck through and by inserting the language underscored, as follows:
4-288-020 Crane defined 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 fNCCA) or its equivalent, and that meets other criteria as mav 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 bv 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 iobsite 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.
a crane is defined as "Crane" means any power-operated mechanical hoisting equipment with a manufacturer's rated capacity of five tons one ton (2000 pounds) or more that lifts, lowers, rotates or moves a load horizontally or vertically but does not include personnel hoists, elevators, powered window-washing units and helicopter cranes. Such equipment includes, but is not limited to: (1) Articulating cranes, including knuckle-boom cranes used to deliver material on to 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;
- variations of the equipment listed in items (1) through (21) of this definition; and
- 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;
- powered window washing units unless the unit is used to erect portions of a building;
- 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 (2000 pounds) or more; (ix) any equipment listed in subsection (c) of 29 CFR 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.
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"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 under this 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 iobsite; (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).
SECTION 2. Section 4-288-030 ofthe Municipal Code of Chicago is hereby amended by deleting the language struck through and by inserting the language underscored, as follows:
4-288-030 Application - Qualification for examination.
- An applicant for a crane operator's license shall file an application with the commissioner
of buildings in writing on a form supplied 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
building commissioner that:
(Omitted subparagraphs (A) through (F), inclusive, are unaffected by this ordinance)
- In addition to the requirements in subsection OV) of this section, to qualify to take the crane operator's license examination after November 10, 2014 or the date applicable to paragraphs (a)(2) and (f) of 29 CFR 1926.1427 as set forth in 29 CFR 1926.1427(k)(l). whichever comes later, the applicant shall have a current and valid
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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 these the qualifications in this section shall be allowed to take the crane operator's license examination upon payment of the required fee.
SECTION 3. Section 4-288-040 ofthe Municipal Code of Chicago is hereby amended by deleting the language struck through and by inserting the language underscored, as follows:
4-288-040 Examinations - Administration, regulation and enforcement.
The building commissioner is authorized to adopt sueh reasonable rules and regulations as-te 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, that will Such rules and regulations shall allow the full assessment of (T) 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 andr-The examination shall (ii) require the applicant to show or demonstrate an acceptable degree of knowledge of crane operation and related safety practices. T-he Except as otherwise provided in Section 4-288-050, the commissioner of buildings may shall establish specific examinations for the various types of cranes covered by this chapter. T-he members of the The board of crane operators examiners established pursuant to Section 5 116 250 shall assist the building commissioner in the administration, regulation and the enforcement of the examination and licensing provisions of this chapter.
SECTION 4. Section 4-288-050 ofthe Municipal Code of Chicago is hereby amended by deleting the language struck through and by inserting the language underscored, as follows:
4-288-050 Examination - Exemptions and waivers.
Any person who is employed as or who can show evidence of having been employed as a crano operator, as defined by this chapter, at any time during the 24 months preceding the effective date of this chapter shall be exempt from the crane operator's licensing requirements until January 1, 1992.
building commissioner, in consultation with the board, may promulgate rules and regulations waive waiving or otherwise exempting applicants for a license under this chapter from such portions of the examinations any examination required under this chapter based on criteria, set forth in such rules and regulations, that the commissioner determines are consistent as he deems pfeper- with public safety for any person with a minimum of 6,000 hours' experience as a crone operator within the five years preceding
January 1, 1991. Tho experience must be attested by an affidavit from the person(s) that employed the applicant.
SECTION 5. Section 4-288-060 ofthe Municipal Code of Chicago is hereby amended by deleting the language struck through and by inserting the language underscored, as follows:
4-288-060 License - Issuance.
An applicant who successfully 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 ef buildings upon payment of the required fees.
SECTION 6. Section 4-288-070 ofthe Municipal Code of Chicago is hereby amended by deleting the language struck through and by inserting the language underscored, as follows:
4-288-070 License - Classification.
The commissioner may issue promulgate rules and regulations creating various classes of licenses the license required by this chapter, reflecting the different levels of competency of a crane operator.
The classification of licenses shall include the following:
Tower Crane Operator's License. This license shall authorize the operation of tower cranes and derricks operated from a fixed location within, attached to, or adjacent to the building undergoing construction, repair or demolition;
Mobile Crane Operator's License. This license shall authorize the operation of mobile cranes regardless of mounting or means of mobility including track- mounted cranes, crawler cranes, truck mounted cranes, and truck mounted tower cranes;
Drum Hoist Operator's License. This license shall authorize the operation of drum hoisting and rack and pinion types of equipment located within or affixed to the structure undergoing construction, repair or demolition.
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SECTION 8. Section 4-288-090 ofthe Municipal Code of Chicago is hereby amended by deleting the language struck through and by inserting the language underscored, as follows:
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 few five years from the date of issuance. The license may be renewed (1) upon payment of the required license 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 bv an approved accredited certifying entity identifying the tvpefs) of crane that the applicant is certified to operate; provided, however, that this item (2) shall not apply if no national certification exists for specific machines the operation of which requires a license under this chapter. Expired licenses arc renewable mav be reinstated within one year three years of expiration upon payment of a $50.00 $100.00 reinstatement fee along with in addition to the required renewal fee for each year in which the license was expired.
SECTION 9. Section 4-288-100 ofthe Municipal Code of Chicago is hereby amended by deleting the language struck through and by inserting the language underscored, as follows:
4-288-100 Examination and license fees.
- Examination fees - General. The fee for the any
initial 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 $75.00 such fee for each additional required written or practical examination required.
- License fee. The fee for a crane operator's license shall be
$50.00 for each year tho license is in effect $100.00 for a one-year license and $300.00 for a license in effect for five years.
- Upgrading license classifications. In addition to any examination fee required under subsection (a) of this section, 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 is competent to operate.
SECTION 10. Section 4-288-110 ofthe Municipal Code of Chicago is hereby amended by deleting the language struck through and by inserting the language underscored, as follows:
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4-288-110 Apprentice crane operators - Permit required.
An apprentice crane operator's certificate permit may be issued to an individual by the commissioner authorizing the apprentice to for tho perform ance-ef work as a an apprentice crane operator under the direct supervision and responsible control of a licensed crane operator properly licensed under this chapter. Applicants for aft such apprentice certificate must 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 stating that the applicant will receive training under the direct supervision and responsible control of a licensed crane operator. The fee for an apprentice registration permit shall be $35.00 $50.00. The certificato apprentice permit shall be valid for one year and may be renewed at a cost of $35.00 $50.00.
SECTION 11. Section 4-288-120 ofthe Municipal Code of Chicago is hereby amended by deleting the language struck through and by inserting the language underscored, as follows:
4-288-120 Carrying license, er certificate or permit while operating crane -Required.
At all times while operating a crane, Each licensed crane operator the licensee or apprentice shall carry his or her licensei or certificate of registration or apprentice permit, as applicable, on his or her person while operating a crane. Failure to produce a crane operator's license, certificate of registration or apprentice certificate permit upon request of the building commissioner or his representative while operating a crane shall be punishable by a fine of $40t00 $200.00.
SECTION 12. Chapter 4-288 ofthe Municipal Code of Chicago is hereby amended by inserting a new Section 4-288-122, underscored as follows:
4-288-122 Permit to assemble or jump cranes - When required - Unlawful acts.
(a) 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 section. The application for such permit shall
be in a form, and accompanied by information or materials, reasonably required by the
commissioner.
[b) 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.
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(c) No modification to any crane, derrick, foundation, tie-in, or configuration shall be made without the prior written approval of the department.
SECTION 13. Chapter 4-288 ofthe Municipal Code of Chicago is hereby amended by inserting a new Section 4-288-125, underscored as follows:
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 issuefsl regarding the operation, assembly, disassembly or jumping of a crane.
SECTION 14. Chapter 4-288 ofthe Municipal Code of Chicago is hereby amended by inserting a new Section 4-288-127, underscored as follows:
4-288-127 Safe equipment - Required.
- All crane equipment shall be kept in safe working condition at all times by the owner and licensee.
- 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.
Cc) The commissioner mav 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 appropriate to securing the safety of the crane operator or the general public.
SECTION 15. Chapter 4-288 ofthe Municipal Code of Chicago is hereby amended by inserting a new Section 4-288-128, underscored as follows:
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.
SECTION 16. Section 4-288-130 ofthe Municipal Code of Chicago is hereby
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amended by deleting the language struck through and by inserting the language underscored, as follows:
4-288-130 License - Revocation, suspension or nonrenewal.
The commissioner of buildings may revoke, suspend or refuse to renew the license of any crane operator or the permit of any apprentice who is found to be grossly negligent or incompetent in the operation of a crane or whose actions show continuous carelessness or willful disregard for the health and safety of the public or others while operating or assisting in the operation of a crane or who misrepresents a material fact in applying for an operator's a license or apprentice permit under this chapter. No such license or apprentice permit shall be revoked or suspended or not renewed except after a public hearing by the board of crane operators examiners upon written notice to the licensee or apprentice, as applicable, and after affording the licensee or apprentice an opportunity to appear and defend, tf Provided, however, that if the building commissioner has reason good cause to believe that the continued operation of a crane by a particular licensee or apprentice will immediately threaten public safety he the commissioner may, upon issuance of a written order stating the reason for such conclusion and without notice or hearing, order prohibit the licensee or apprentice barred from the operation of operating or assisting in the operation of a crane for a period of time not more than to exceed ten calendar daysT; provided, however, that giving the licensee or apprentice shall be afforded an opportunity to be heard during such period.
SECTION 17. Section 4-288-140 ofthe Municipal Code of Chicago is hereby amended by deleting the language struck through and by inserting the language underscored, as follows:
4-288-140 Violation - Penalty.
- Any person who operates a crane without meeting the requirements of this
ordinance chapter or any rule or regulation promulgated thereunder shall be subject to a fine of $500.00 not less than $1.000.00 nor more than $10.000.00 for each violation. Each day of illegal operation shall constitute a separate violation and distinct offense.
- Any person who
knowingly 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 $1,000.00 not less than $2.000.00 nor more than $30.000.00 for each violation. Each day of illegal operation shall constitute a separate violation and distinct offense.
SECTION 18. Following due passage and publication, SECTION 1, SECTION 2, SECTION 3, SECTION 4, SECTION 5, SECTION 6, SECTION 7, SECTION 8 and SECTION 9 of this ordinance shall take full force and effect on November 10, 2014. The remainder of this ordinance shall take full force and effect upon its passage and
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publication.