REBNY Comment on The Department of Buildings Rule Regarding Permitting Requirements for Rotating Telehandlers and Articulating Boom Cranes

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The Real Estate Board of New York (“REBNY”) is the City’s leading real estate trade association. Founded in 1896, REBNY represents commercial, residential, and institutional property owners, builders, managers, investors, brokers, salespeople and other organizations and individuals active in New York City real estate. REBNY appreciates the opportunity to comment on the Department of Buildings Draft Rule on Rotating Telehandlers and Articulating Boom Cranes.

The proposed rule appropriately follows up with the recently implemented rule for licensing operators of cranes, adding rotating telehandlers and articulating boom cranes operated by subcontractors and outside vendors. The rule also updates definitions relevant to cranes, both large and small, and adds permitting requirements for certain telehandlers and articulating boom cranes. Section 11 of the draft rule adds a subparagraph (iv) to paragraph (5) of subdivision (c) of section 3319-01of Chapter 33 of Title 1 that requires notification to DOB as to who the licensed hoisting machine operator(s) will be prior to the commencement of the operation. Given the exception that a crane or derrick that does not require a certificate of on-site inspection, this would primarily apply to tower cranes on projects.

The rule should clarify which party should make the notification, by what means, and when the notification shall take place. Such process should take into account when operators are typically selected by the subcontractor renting the crane in relation to when the filing of the crane takes place. In addition, it should be clear about notification for changes in who operates the crane during the course of the project. If notification is separate from filing for the crane, the Master Rigger may be the appropriate party as related to BC3316.9.1 to make the notification to the DOB.

Thank you again for this opportunity to comment on the draft rules.