USE AND INSPECTION OF TOWER AND MOBILE CRANES IN CONSTRUCTION

Philadelphia Code tit. 9, ch. 9-3300

in effect

Philadelphia Code § 9-3301 Definitions.

§ 9-3301. Definitions. (1) ANSI. American National Standards Institute. 1257 (2) ASME. American Society of Mechanical Engineers. (3) Building owner. Any person, agent, firm or corporation having a legal or equitable interest in a property. (4) Competent person. An individual who is capable of identifying existing and predictable hazards at the job site or is knowledgeable of policies and practices that affect working conditions which are unsanitary, hazardous or dangerous to employees, and who has authority to take prompt corrective measures to eliminate them. (4.1) Commercial Truck-Mounted Crane. A crane consisting of a rotating superstructure (center post or turntable), boom, operating machinery, and one or more operator's stations mounted on a frame attached to a commercial truck chassis. (5) Construction manager. A person identified by a building owner to manage a construction project. (5.1) Crane. A power-operated hoisting machine that has a winch, load line and boom that moves laterally by the rotation of the machine on a carrier or base which has a manufacturer's rated maximum lifting capacity of 1,000 pounds or more. The function of a crane is to lift, lower, and swing loads at various radii. (5.2) Crawler Crane. A crane consisting of a rotating superstructure with a power plant, operating machinery, and boom, mounted on a base and equipped with crawler treads for travel. (6) Dedicated safety representative. A person who has expertise in the area of construction site safety and who will be responsible for worker and public safety in connection with tower crane erection and operation. (7) Department. Department of Licenses and Inspections. (7.1) Locomotive Crane. A crane consisting of a rotating superstructure with a power plant, operating machinery, and boom, mounted on a base or car equipped for travel on a railroad track, which may be self-propelled or propelled by an outside source. (7.2) Mobile Crane. A crane of any of the following types: Commercial Truck-Mounted Crane; Crawler Crane; Locomotive Crane; or Wheel-Mounted Crane. (8) NCCCO. National Commission for the Certification of Crane Operators. 1258 (9) NCCA. National Commission for Certifying Agencies. 1259 (9.1) NCCA or ANSI Accredited. A certification program recognized by NCCA or ANSI as meeting the ISO 17024 Standard for "General Requirements for Bodies Operating Certification Systems for Personnel". (9.2) OSHA law. A provision of law enforced by the federal Occupational Safety and Health Administration, including OSHA 1926.1412 as it relates to Crane Inspections. (10) Qualified person. An individual who has obtained a college degree or such other equivalent professional credential in an applicable field, or who by extensive knowledge, training and experience, has successfully demonstrated the ability to solve or resolve problems relating to the erection and operation of tower cranes or mobile cranes, as may be applicable. (11) Tower crane. A structure used for lifting which utilizes a vertical mast or tower to support a load hook suspended from a work boom or jib which can rotate about the tower center to swing loads. The tower base may be fixed in one location or ballasted and moveable between locations. (12) Wheel-Mounted Crane. A crane consisting of a rotating superstructure, operating machinery, and boom, mounted on a crane carrier equipped with axles and rubber-tired wheels for travel and a power source, with either a single control station or separate stations for driving and operating. Notes 1256 | Amended, Bill No. 170955-A (approved February 14, 2018). 1257 | Amended, Bill No. 100539 (approved November 3, 2010). 1258 | Amended, Bill No. 100539 (approved November 3, 2010). 1259 | Amended, Bill No. 100539 (approved November 3, 2010).

Philadelphia Code § 9-3301.1 General Provisions.

§ 9-3301.1. General Provisions. (1) Applicability. The provisions of this Chapter shall be applicable to the erection, use and inspection of tower cranes and the assembly, use and inspection of mobile cranes when used in the construction or demolition of a structure for which a building or demolition permit is required pursuant to Title 4, The Philadelphia Building Construction and Occupancy Code. (2) Penalties. Any person who violates any of the provisions of this Chapter shall have committed a Class III offense and shall be subject to the fines set forth in subsection 1-109(3) of The Philadelphia Code. Each day that a violation continues shall be deemed a separate offense. Notes 1260 | Added, Bill No. 170955-A (approved February 14, 2018).

Philadelphia Code § 9-3302 Erection, Jumping, Lowering and Dismantling of Tower Cranes.

§ 9-3302. Erection, Jumping, Lowering and Dismantling of Tower Cranes. (1) No person shall erect a tower crane unless: (a) the tower crane owner has disclosed the following information to the construction manager and building owner: (.1) The age of the tower crane that will be used on the project; (.2) Whether the tower crane manufacturer is currently in business; and (.3) Whether the original equipment manufacturer's parts are available to repair major components of the tower crane should such repair become necessary; (b) all rigging equipment used in erecting, climbing (jumping), dismantling and hoisting operations has been inspected by a competent person upon arrival at the installation site and inspected by a qualified person prior to the commencement of the operation; (c) the tower crane owner, renter or lessee has submitted documentation including plans or drawings to the Department detailing how the tower crane will be supported and attached to the building. Such documentation shall be reviewed and sealed by a professional engineer registered in the Commonwealth of Pennsylvania with expertise in structural design; 1261 (d) the tower crane owner or renter has submitted to the Department a valid Certificate of Insurance with a minimum of fifteen million dollars ($15,000,000) of General Comprehensive Liability Insurance naming the City of Philadelphia as an additional insured and a certificate holder. Such certificate must be maintained in effect at all times the tower crane is located on the job site; and 1262 (e) the tower crane owner or renter has obtained a permit from the Department for the erection of the tower crane, based on submission of the documentation required by subsections (1)(c) and (1)(d). 1263 (2) No person shall erect, climb (jump), lower or dismantle a tower crane unless: (a) a qualified person who is factory-trained and who is experienced with the specific crane being used is designated by the tower crane owner, renter or lessee to supervise the operation; (b) the supervisor has submitted a job hazard analysis for the operation to the construction manager; (c) the tower crane owner, renter or lessee has designated a single competent person to be the dedicated safety representative that is present at the time of the operation; (d) the supervisor has determined that each member of the crew designated to work on the operation has received a minimum of 30 hours of documented on-the-job or classroom training and, where necessary, is certified in accordance with Section 9-3303 regarding individuals who are involved in any aspect related to the operation of the tower crane; (e) the supervisor and the dedicated safety representative have convened a site-meeting with all members of the crew in order to ensure that each member understands his/her particular task(s) and the hazards associated with those tasks and the overall operation; and (f) either: (.1) the supervisor ensures that site-specific procedures utilizing written instructions provided by the crane manufacturer are followed for the operation. Such written procedures shall be maintained on site with other documentation related to the project and made available for inspection by the Department upon request; or (.2) a professional engineer registered in the Commonwealth of Pennsylvania who is familiar with the type of equipment involved and the procedures of the operation is present at the site, monitors the operation and provides advice to the supervisor regarding the engineering safety aspects of the operation. Notes 1261 | Amended, Bill No. 170955-A (approved February 14, 2018). 1262 | Amended, Bill No. 170955-A (approved February 14, 2018). 1263 | Added, Bill No. 170955-A (approved February 14, 2018).

Philadelphia Code § 9-3303 Use of Tower Cranes.

§ 9-3303. Use of Tower Cranes. (1) No contractor, construction manager or a qualified person designated as a supervisor of an operation under subsection 9-3302(2)(a) shall: (a) permit any individual to operate a tower crane, or an assist crane that is used to erect, climb (jump), lower or dismantle a tower crane, unless such individual has been certified by NCCCO, or another organization that is NCCA or ANSI accredited which has equivalent testing and certification requirements. Such programs, at a minimum, shall meet the requirements of the current edition of ASME B30; Exception: An individual may operate a tower crane without the required certification, provided such operation is performed under the direct supervision of a crane operator that is certified for the type of crane being operated, and the individual is currently enrolled in an apprenticeship or training program that is approved by the Commonwealth of Pennsylvania. (b) permit any individual to provide hand signals or verbal communications to a tower crane operator directing the operation of the tower crane unless such individual is certified by NCCCO, or another organization whose program is NCCA or ANSI accredited and which program, at a minimum, is based upon the requirements of the current edition of ASME B30.3 ("Tower Cranes"). 1264 (c) permit an individual to perform rigging duties associated with the operation of the tower crane, unless such individual is certified by NCCCO, or another organization whose program is NCCA or ANSI accredited and which program, at a minimum, is based upon the requirements of the current edition of the American National Standard Institute (ANSI) A10.42 standard related to the qualification of "Riggers". 1265 (d) in the interest of safety, allow an operator to remain at the operating controls for a period exceeding four hours without requiring the operator to descend the tower for a break of at least thirty minutes after descent, and such operator must be allowed to descend at any time to have access to sanitary facilities as needed. The operator may be relieved by a second operator for either purpose. 1266 (.1) It shall be unlawful for any person to interfere with, restrain or deny the exercise of, or the attempt to exercise, any right protected under this subsection (d), including by taking any adverse employment action in connection therewith. (.2) A violation of this subsection (d) shall be a Class II violation and shall be enforced by the Department of Labor pursuant to the process and provisions of subsections 9-4708(1)(a)-(e) of this Code, except that retaliation against an employee for any activity protected under this subsection (d) shall be a Class III offense. (.3) Operators shall be provided with notice of their rights under this subsection (d) which identifies the Department of Labor as the enforcement agency, within thirty days of this subsection taking effect. (.4) Contractors shall maintain records of compliance with the provisions of subsection (d) for two years. (.5) Operators may file an action under this subsection (d) in any court of competent jurisdiction. Upon a finding of a violation, the court shall award the employee any damages suffered and reasonable attorney's fees. Remedies include presumed damages to be awarded to an operator of at least thirty minutes of pay per violation. (2) No person shall be considered certified pursuant to the requirements of this Section unless such person maintains his or her certification when performing the duties related to the certification in accordance with the requirements of the organization issuing the certification. Notes 1264 | Amended, Bill No. 100539 (approved November 3, 2010); amended, Bill No. 170955-A (approved February 14, 2018). 1265 | Amended, Bill No. 100539 (approved November 3, 2010); amended, Bill No. 170955-A (approved February 14, 2018). 1266 | Added, Bill No. 220666-A (approved December 21, 2022).

Philadelphia Code § 9-3304 Inspection of Tower Cranes.

§ 9-3304. Inspection of Tower Cranes. (1) Immediately following any of the following circumstances, a tower crane inspector who has been certified by the manufacturer for the crane to be erected, or who has been certified by NCCCO or another organization accredited by NCCA and is knowledgeable of the manufacturer's operating and design specifications for the crane to be erected, shall conduct a thorough inspection of the tower crane covering all items as required by the Occupational Safety and Health Administration (OSHA): (a) The erection of a tower crane; (b) The climbing (jumping) or lowering of a tower crane; or (c) The expiration of any 180-day period following a previous inspection if the tower crane has not been raised or lowered in the intervening period. (2) Reserved. 1267 (3) The construction manager shall submit to the Department documentation reflecting the performance and result of an inspection required by subsection (1) within 10 days of such inspection. (4) The dedicated safety representative designated pursuant to Section 9-3302 shall periodically inspect all rigging and crane equipment while the crane remains on site. All unresolved defects and practices that affect the safe operation of the crane shall be reported to the construction manager, who in turn shall take immediate and appropriate action to suspend the use of the crane until all safety defects have been corrected. Notes 1267 | Amended, Bill No. 170955-A (approved February 14, 2018).

Philadelphia Code § 9-3305 Use of Mobile Cranes.

§ 9-3305. Use of Mobile Cranes. (1) No person shall operate a mobile crane, and no contractor, construction manager, building owner or other person designated as a supervisor in connection with the construction activity shall permit the operation of a mobile crane, unless the crane operator is qualified for such operation under the standards of Section 9-3306. (2) No person shall perform rigging or signaling duties associated with the operation of a mobile crane, and no contractor, construction manager or other person designated as a supervisor in connection with the construction activity shall permit the performance of such rigging or signaling duties, unless the rigger or signaler is a qualified person as established by OSHA law. (3) No person shall perform rigging or signaling duties associated with the installation, assembly or disassembly of a mobile crane, and no crane owner or lessee shall permit the performance of such rigging or signaling duties, unless such rigger or signaler is a qualified person as established by OSHA law. (4) A copy of licenses and certifications or other documentation evidencing qualification shall be maintained on-site and made available to the Department upon request. (5) Insurance requirement. The person or entity responsible for operation of the mobile crane shall maintain a minimum of two million dollars ($2,000,000) of General Comprehensive Liability Insurance in effect at all times the crane is located on the job site. The Certificate of Insurance shall be made available to the Department upon request. Notes 1268 | Added, Bill No. 170955-A (approved February 14, 2018).

Philadelphia Code § 9-3306 Qualifications of Personnel.

§ 9-3306. Qualifications of Personnel. (1) Mobile Crane Operators. (a) An individual licensed by the Commonwealth of Pennsylvania pursuant to the Crane Operator Licensure Act is qualified to operate a mobile crane with a manufacturer's rated maximum lifting capacity of 15 tons or more of the type of mobile crane to which the license applies. (b) The following individuals are qualified to operate a mobile crane with a manufacturer's rated maximum lifting capacity of more than 1,000 pounds but less than 15 tons: (.1) an individual licensed pursuant to the Crane Operator Licensure Act, in connection with the type of mobile crane to which the license applies; or (.2) the holder of a current certification in connection with the type of mobile crane being operated that is issued by the NCCCO, or another organization whose program, in the judgement of the Department: is NCCA or ANSI accredited; has equivalent written and practical examination requirements as those required by NCCCO; and is based upon the requirements of ASME B30.5. Exception: An individual who has completed in-service training with, and received certification from, an organization that has a pending application for NCCA or ANSI accreditation and which organization can demonstrate to the Department that the training received was based upon ASME B30.5 may operate a mobile crane of the type for which certification has been provided. This exception shall expire on April 1, 2020. (c) A trainee who has passed a written examination of the NCCCO, or another organization that is NCCA or ANSI accredited which has equivalent testing and certification requirements as NCCCO and whose program is based upon ASME B30.5, may operate a mobile crane of the type for which the examination was taken when under the immediate supervision of a crane operator certified for the type of mobile crane being operated, provided the trainee shall have demonstrated to the satisfaction of the person employing the crane operator that the trainee is physically capable of operating the crane. Notes 1269 | Added, Bill No. 170955-A (approved February 14, 2018).

Philadelphia Code § 9-3307 Inspection of Mobile Cranes.

§ 9-3307. Inspection of Mobile Cranes. (1) No crane inspection required by law shall be performed other than in accordance with OSHA law and the crane manufacturer's requirements. (2) Site Inspections. No person other than a qualified person shall perform site inspections as required by OSHA law in connection with installation or assembly at a job site or at the start of a shift. (3) Annual Inspections. No mobile crane shall be used unless it has been inspected within the previous year as required by OSHA law by a crane inspector certified by NCCCO or another organization whose program is NCCA or ANSI accredited and which program is based upon the requirements of ASME B30.5. (4) Inspection Records. Records related to inspection of a mobile crane shall be maintained on the job site for the duration of time the subject crane remains on site and shall be made available to the Department upon request. Notes 1270 | Added, Bill No. 170955-A (approved February 14, 2018).

Source: City of Philadelphia, The Philadelphia Code and Home Rule Charter (American Legal Publishing, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/philadelphia/latest/philadelphia_pa/0-0-0-279914Fetched: 10/27/2026