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Chapter 3.2. California Occupational Safety and Health Regulations (CAL/OSHA)
Subchapter 2. Regulations of the Division of Occupational Safety and Health

Article 12. Tower Cranes--Operating Permit and Certification Requirements

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§344.71. Application for and Issuance of Operating Permit.


(a) Fixed and Mobile Tower Cranes -Application for Permit -Location.

(1) In the case of a fixed tower crane the application must be filed at he District Office nearest the location where the tower crane will be operated.

(2) In the case of a mobile tower crane the application may be filed at the District Office nearest the location where the mobile tower crane will be operated or nearest the principal business offices of the applicant.

(b) If the responsibility for operation of the fixed or mobile tower crane changes during the effective period of an existing permit the new employer shall apply for and obtain a separate permit from the Division as set forth in this article prior to continuing operation of the crane.

(c) Blank application forms and fee schedules may be obtained from any district Office of the Division.

(d) A permit may be issued by the Division following the filing of a completed application form and full compliance with all the requirements thereof. Application fees must be paid to the Division upon filing of the application. All inspection fees must be paid by the applicant before the permit will be issued by the Division, unless a temporary permit has been issued pursuant to section 344.72(d) of this article.

(1) In the case of a fixed tower crane the operating permit shall be valid only for the period it is located and operated at the specific site referenced in the permit.

(A) If a fixed tower crane is relocated to a new position on the same project a new operating permit is required.

(2) In the case of a mobile tower crane the permit shall be valid for one year.

(e) The information and attachments submitted with the application for an operating permit shall comply with this section and be given under penalty of perjury by a person duly authorized in writing to act on the behalf of the applicant with respect to the matters referenced in the application. The application shall contain the following:

(1) Employer/Applicant name, address, phone number, project safety contact person, employer's representative at the site including title and phone number and employer/applicant Contractor's Licence No.

(2) Designation of type of contractor and description of crane being operated.

(3) Location and phone number of crane jobsite including nearest cross street, city and county.

(4) Number of employees and anticipated starting date.

(5) Designation of existence of high voltage lines.

(6) Certification that the applicant possesses knowledge of the applicable occupational safety and health standards and manufacturer's operating instructions for the subject crane, as well as a statement of the applicants related training, education and/or experience within the last five years.

(7) Certification that the applicant will comply with all applicable standards and other lawful orders of the Division, and, that the conditions, practices, means, methods, operations or processes used or proposed to be used will be safe, and healthful and that the permit to operate will be posted at the site of operation.

(A) In addition, in the case of a fixed tower crane, the employer shall provide a written job plan which describes the intended operation of the subject crane including the specific uses of the crane and the nature and weight of anticipated loads.

(8) In the case of a fixed tower crane, certification that a Division-licensed certifier or surveyor, or safety representative for the distributor or manufacturer, will be present during erection, climbing and dismantling operations to ensure that such processes and operations are performed in accordance with manufacturer recommendations and applicable standards or orders.

(9) A statement of all previous business identities of the applicant within 10 years prior to the date of application.

(A) “Business identities” include, but shall not be limited to, fictitious business names, corporate names, and/or joint venture partnerships and any other business affiliations in the construction industry involving the use of cranes.

(10) A certification issued by a Division-licensed certifier for subject crane.

(f) The applicant issued a permit pursuant to this article shall have the fixed or mobile tower crane subject to the permit inspected by the Division twice a year. One of these required inspections must be completed prior to the issuance of a permit pursuant to this article.

Note: The initial permit inspection shall be considered as one of the two mandatory yearly inspections.

(g) The holder of a permit issued pursuant to this article shall notify the Division of the following:

(1) In the case of a fixed tower crane the date and time:

(A) The crane will commence operation;

(B) The climbing of the crane; and,

(C) The dismantling of the crane.

(2) In the case of a mobile tower crane the date, time and location of for each new site of operation. This notification is required only in instances where the mobile tower crane will be located at any given site in excess of one day. Where the crane will be operated at any site, or multiple sites, for less then one da notification is not required.

Note: The notification must be provided to the Division at least 24 hours prior to the activity which is the subject of the notification, and may be made in writing or by telephone followed by written notification. The notification shall be made to the District Office of the Division from which the permit was obtained and must include the date and time of the intended activity.

Note: Authority cited: Sections 60.5, 6308, 7372, 7373 and 7375, Labor Code. Reference: Sections 7371, 7372, 7373, 7382 and 7383 Labor Code.

HISTORY

1. New section filed 7-15-91 as an emergency; operative 7-15-91 (Register 91, No. 44). A Certificate of Compliance must be transmitted to OAL 11-12-91 or emergency language will be repealed by operation of law on the following day.

2. Amendment of subsection (e), new subsections (e)(1)-(5) and subsection renumbering, relettering the second subsection (e) and (f) to subsections (f) and (g) respectively and amendment of NOTE filed 3-18-92; operative 3-18-92 pursuant to Government Code section 11346.2(d) (Register 92, No. 13).

3. Change without regulatory effect amending subsection (e)(8) filed 3-23-2000 pursuant to section 100, title 1, California Code of Regulations (Register 2000, No. 12).

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