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Res. No. 077-07-12462RESOLUTION NO. 77-07-12462 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, REQUESTING EXEMPTION FROM THE MIAMI-DADE COUNTY PROPOSED ORDINANCE RELATING TO THE SAFETY OF CRANES AND HEAVY CONSTRUCTION EQUIPMENT; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Miami-Dade County is in the midst of an unprecedented construction boom; and WHEREAS, the construction boom and use of cranes and other heavy construction equipment have resulted in an increased number of tragic accidents and fatalities; and WHEREAS, OSHA statistics show 14 construction fatalities in the South Florida area during the period from January to May, 2006 which nearly match fatalities for the entire year of 2005; and WHEREAS, Miami-Dade County's geographical location exposes it to the onslaught of hurricanes of increasing frequency in recent seasons; and WHEREAS, the presence of a substantial number of cranes poses serious concerns of public safety; and WHEREAS, Miami-Dade County established a task force to prepare guidelines to address safety issues concerning cranes and related heavy construction equipment; and WHEREAS, although the ordinance is a good start in dealing with this issue, the City of South Miami has serious concerns in the reduction of wind loading allowed and wishes to advise the County Commission of its concerns. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this resolution upon adoption hereof. Section 2. The South Miami City Commission requests that to the extent that the County Commission seeks to include municipalities within the application of the ordinance, the City of South Miami is requesting that the Miami-Dade County Commission allow municipalities to opt out of the proposed ordinance and adopt more stringent regulations.. Section 3. The City Clerk shall provide executed copies of this resolution to the Mayor of Miami-Dade County, each member of the Miami-Dade Board of County Commissioners, as well as each municipal clerk in Miami-Dade County for the purpose of distributing copies to members of their respective governing councils in order to seek support for the proposed change in County Ordinance.. Pg. 2 of Res. No. 77-07-12462 Section 4. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this I st day of May 2007 ATTEST CITY-CLERK I ff I �,11 1 .1 �29 text W .11 kyj CIT) NEY JAMy Documents\resolutions\Resolution opt out request - cranes ord.feliu.doc APPROVED: 'M OR U Commission Vote: 5-0 Mayor Feliu: Yea Vice Mayor Wiscombe: Yea Commissioner Palmer: Yea Commissioner Birts: Yea Commissioner Beckman: Yea RESOLUTION NO. 2007-34 A RESOLUTION OF THE CITY COMMISION REQUESTING EXEMPTION FROM THE MIAMI -DARE COUNTY PROPOSED ORDINANCE RELATING TO THE SAFETY OF CRANES AND HEAVY CONSTRUCTION EQUIPMENT. WHEREAS, Miami-Dade County is in the midst of an unprecedented construction boom and-, WHEREAS, the construction boom and use of cranes and other heavy construction equipment have resulted in an increased number of tragic accidents and fatalities; and WHEREAS, OSHA statistics show 14 construction fatalities in the South Florida area during the period from January to May, 2606 which nearly match fatalities forthe entire year of 2005; and jo__ exposes i totheonslaugbt WHEREAS, Miami-Dade- County's geographical location exposes it of hurricanes, Of increasing frequency in recent seasons; and WHEREAS, The presence of a substantial number of cranes poses serious concerns of public safety; and WHEREAS, Miami-Dade County established a task force to prepare guidelines to address safety issues concerning cranes and related heavy construction equipment; and WHEREAS, although the ordinance is a good start in dealing with this issue, the City of Coral Gables has serious concerns in the reduction of wind loading allowed and wishes to advise the County Commission of its concerns; NOW', THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF CORAL GABLES, FLORIDA: SECTION]. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this resolution upon adoption hereof. SECTION 2. The Coral Gables City Commission requests that to the extent that the County Commission seeks to include municipalities within the application of the ordinance, the City of Coral Gables is requesting that the Miami -Dade County Commission allow municipalities to opt out of The proposed ordinance and adopt more stringent regulations. Page I of 2 — Resolution No. 2007-34 SECTION 3. The City Clerk shall provide executed copies of this resolution to the Mayor of Miami-Dade County, each member of the Miami-Dade Board of County Commissioners, as well as each municipal clerk in Miami-Dade County for the purpose of distributing copies to members of their respective governing councils in order to seek support for the proposed change in County Ordinance. herein. SECTION 4. This resolution shall become effective upon the date of its approval PASSED AND ADOPTED THIS THIRTEENTH DAY OF FEBRUARY, A.D., 2007. (Moved: Kerdyk / Seconded: Anderson) (Yeas: Kerdyk, Withers, Anderson, Cabrera, Slesnick) (Unanimous/ 5-0 Vote) (Non Agenda Item) APPROVED: ATT SLESNICK II MAYOR WALTER OE CITY CLERK APPROVED AS TO FORM AND gICIELE - NCY: L E H M. HERNANDEZ CITY ITY ORNEY Page 2 of 2 — Resolution No. 2007-34 The City of Coral Gables Off ice of City Clerk CITY HALL 405 BiLTMORE WAY CORAL GABLES, FLORIDA 33134 April 19, 2007 Ms. Maria Menendez CMC City Clerk City of South Miami 6130 Sunset Drive South Miami, FL 33143 Dear Ms. Menendez: RECEIVE APR 2 3 2007 D CITY CLERK'S OFFICE Enclosed herein, please find a copy of Resolution No. 2007-34, which was passed and adopted by our City of Coral Gables City Commission at its meeting of February 13, 2007. Said legislation is being forwarded to you requesting exemption from the Miami- Dade County proposed ordinance relating to the safety of cranes and heavy construction equipment. In closing, please take into consideration the attached legislation. Sancei galte City L-jerK WJF/yd Enc.: R-2007-34 P.O. Box 141549 CORAL GABLES, FLORIDA 33114-1549 PHONE (305) 460-5208 FAX (305) 460-5309 C14 CITY OF CORAL GABLES, FLORID)I& RESOLUTION NO. 2007- 111210111mlyp - F THE MIAMI-DADE COU '*SED ORDINANCE RELATING T QAFETY OF CRANES AND HE TRUCTION EQUIPMENT. WHEREAS, Miarni-Dade County is in the midst of an unprecedented construction boom and; WHEREAS, the construction boom and use of cranes and other heavy construction equipment have resulted in an increased number of tragic accidents and fatalities; and WHEREAS, OSHA statistics show 14 construction fatalities in the South Florida area during the period from January to May, 2006 which nearly match.fatalities for the entire Year of 2005; and WHEREAS, Miami -Dade County's geographical location exposes it to the onslaught of hurricanes, of increasing frequency in recent seasons; and WHEREAS, the presence of a substantial number of cranes poses serious concerns of public safety; and WHEREAS, Miami -Dade County established a task force to prepare guidelines to address safety issues concerning cranes and related heavy construction equipment; and WHEREAS, although the ordinance is a good start in dealing with this issue, the City of Coral Gables has serious concerns in the reduction of wind loading allowed and wishes to advise the County Commission of its concerns. NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY • CORAL GABLES, FLORIDA: SECTION 1. The above whereas clauses are incorporated by reference. SECTION 2. The Coral Gables City Commission requests that to the extent that the County Commission seeks to include municipalities within the application of the ordinance, the City of Coral Gables is requesting that the Miami Dade County Commission allow municipalities to opt out of the proposed ordinance and adopt more stringerit regulations. SECTION 3. The City Clerk shall provide executed, copies of this resolution to the Mayor of Miami-Dade County, each member of the Miami-Dade Board of County Commissioners, as well as each municipal -clerk in Miami-Dade County for the purpose of distributing copies to members of their respective governing councils in order to seek support .:for the proposed change in state law. SECTION 4. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this day of 2007. ATTEST: WALTER FOEMAN CITY CLERK DONALD D. SLESNICK 111, MAYOR APPROVED AS TO FORM AND LEGAL SUFFICIENCY: ELIZABETH M. HERNANDEZ CITY ATTORNEY Approved Mayor Agenda Item No. Veto DWLFf 12/13106 Override f ORDINANCE NO. \V1.11"7RDINANCE RELATING TO THE SAFETY OF CRANES AND HEAVY CONSTRUCTION EQUIPMENT; PROVIDING DEFINITIONS; PROVIDING. STNDARDS FOR MANAFUCTURE AND INSTALLATION OF CRANES; PROVIDING FOR EDUCATION AND CERTIFICATION OF CRANE OPERATORS; ESTABLISHING STANDARDS FOR HURRICANE PREPAREDNESS; PROVIDING FOR ENFORCEMENT; CREATING CHAPTER 8E OF THE CODE; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE and; WHEREAS, Miami-Dade County is in the midst of an unprecedented construction boom WHEREAS, there are more than 100 major projects under construction in the Miami- Dade County metropolitan area utilizing heavy equipment such as tower cranes; and , WHEREAS, the construction boom and use of cranes and other heavy construction equipment have resulted in an increased number of tragic accidents and fatalities; and & WHEREAS, OSHA statistics show 14 construction fatalities in the South Florida area during the period from January to May, 2006 which nearly match fatalities for the entire year of 2005; and WHEREAS, Miami-Dade County's geographical location exposes it to the onslaught of hurricanes, of increasing frequency in recent seasons; and * WHEREAS, the presence of a substantial number of cranes during hurricane season poses serious concerns of public safety; and WHEREAS, large metropolitan areas such as Los Angeles and New York City have local laws that govern crane operations and safety; and WHEREAS, a number of responsible crane manufacturers, operators, and other members of the construction industry have served in the Crane and Heavy Equipment Advisory Agenda Item No. Page 2 Committee (the "Committee ") an advisory board to Miami -Dade County's efforts .to enhance these safety regulations, and WHEREAS, the Committee has recommended the enhanced safety regulation of cranes and heavy construction equipment in substantially the form of the following ordinance as necessary and desirable for the protection of public health and safety, NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI -DADE COUNTY, FLORIDA, that: Section 1. Chapter 8E of the Code of Miami -Dade County is hereby created to read in its entirety as follows: >>Section. 8E -1< Definitions. << >>As used in this chapter, the lollowing� words and terms shall have the following meaning: (a) Crane - means a machine for lifting or hovering a load and moving it horizontally, in which the consisting 'mechanism is an integral part of the machine. It may be driven manually or by power and rnav be a fixed or mobile machine and includes tower crane and mobile tower crane. The term. does not include stackers, lift trucks, power shovels, backhoes, excavators, concrete pouring equipment or straddle We mobile boat hoists. (b) Tower Crane -- a hammerhead, luffing, or other type of tower crane that is regularly assembled and disassembled for use at various sites. It is usually characterized by vrovisions to facilitate erection and dismantling and' rnav include features to permit climbing or telescoping 1 Words stricken through and/or [[double bracketed]] shalt be deleted. Words underscored and/or »double arrowed<< constitute the amendment proposed. Remaining provisions are now in effect and remain unchanged. Agenda Item No. Page 3 (c) Certifying Entity. (d) Mobile Cranes — means a crane which is mounted on a. crawler, truck, or similar -carrier for travel or transit. (USE DEFINITION IN ASME B10.51 Section 8E-2. Purpose and Scope. This chapter shall provide a uniform standard for the construction, installation, operation and use of cranes and heavy construction equipment, for the inspection and certification of cranes and heavy construction eguipment, and for the education and certification of crane gperators. This chapter shall be of uniform applicability throughout incor p orated and unincorporated Miami-Dade County. Section 8E-3. Referenced Codes and Standards. The codes and standards referenced, in this chapter shall be_ considered- part of the requirements of this code to the prescribed extent of each such reference. Where differences occur between provisions of this ChWter and referenced codes and standards, the provisions of this chapter shall gpply. Where differences occur between different provisions of referenced. codes and standards, the conflict shall be resolved in favor of the provision that provides the greatest measure of protection to the public safety. Where standards are not otherwise specified, the applicable standards shall be those set forth by the manufacturer's published literature including all updates with respect to the equipment at issue. Section 8E-4. Tower Crane Manufacture, Installation and Use. The following standards shall be applicable to tower cranes proposed to be installed and used within the incorporated and unincorporated areas of Miami-Dade County: (a) the equipment manufacturers LO.E.M.) specifications for the equipment together with M updates or improvements required by the manufacturer to be installed in the equipment, (b) the mandatory rules contained within the applicable ASME B30 standard of the American Society of Mechanical Engineers made applicable to construction Tower Cranes (ASME B30.3). Agenda Ifern No. Page 4 Oc O the most current standards of the U.S..Department of Labor, Occuvational Safety and Health Administration ("OSHA") applicable to cranes including 29 CFR 1926.550, 01 the load standards contained within ASCE-7 for High Velocity Hurricane Zones as applied to the crane base foundation, the tie-ins, - to the building, the free-standing-height and the height above the top tie-in rFfor a six year mean 1< recurrence interval]. In applying the provisions of AS_CE-7 for temporary installations, the design velocity reduction factors contained in SEVASCE 37- .4 02 shall be considered in factoring the wind sveed. Section 8E-5. Standards for Mobile Crane Manufacture, Installation and Use The-hollowing-standards shall be applicable to mobile cranes proposed to be installed and used within the incorporated and unincorporated areas of Miarni-Dade Count Lal the equipment manufacturers (O.E.M.) specifications for the equipment together with any updates or improvements required by the manufacturer to be installed in the equipment (b) the mandatory rules contained within the applicable standard of the American Society of Mechanical Engineers made applicable Mobile Cranes (ASME B30.5), Oc O the mast cur-rent standards of the U.S. Department of Labor, Occupational Safety and Health Administration ("OSHA?' applicable to cranes including 19 CFR 1926.550, Section 8E-6. Standards for Personnel/Material Hoist Manufacture, Installation and Use. The following standards shall be applicable to,person-nel/material hoists proposed to be installed and used within the incor orated and -unincpMorated areas of Miami -Dade Couply: Ua the equipment manufacturers (OEM) Ptx, specifications the equipment together with any updates or improvements required by the manufacturer to be installed in the equipment ., (b) the mandatory rules contained within the applicable ANSI standard (ANSI A10.4). Agenda Item No. Page 5 (c) the most current standards of the U.S. Department of Labor, Occupational. Safety and -Health Administration ( 'OSHA")applicable to cranes including 29 CFR 1926.552, (d) *the load standards contained within ASCE-7 for Hijzb Velocity Hurricane Zones as applied to the hoist tie ins and the floor shoe connections. for six ye mean recurrence interval. Section 8E-7. Crane Siting. Together with the permit documents, the permit applicant shall submit to the County all required applications and/or approvals related to the operation of the crane on site, including but not limited to ?ny required by the Federal Aviation Administration or Miami-Dade Transit. Section 8E-8. Permitting and Inspections. Oa Permits. In addition to the requirements of the Florida Building Code, and of Section, 8-10 of this Code, the following shall apply to any construction - involving the placement or erection of a crane regulated by this chapter. The structural building plan for any threshold building shall contain sufficient information for the Building Official to determine whether the crane to be used in the construction complies with the standards set forth in this section. In the event that the complete fabrication, including the connection to the ground or the structure to be erected, requires the preparation and approval of shop drawings, the Building Official in his or her sole discretion shall be authorized but not required, to issue the hermit subject to permit holds. The permit holds shall- be released Won completion and approval of all required information. In the event that the permitted construction is not of a threshold building, the crane information shall be supplied to the Building Official together with the permit application. (b) Inspections. In the event that the special inspector uses a duly authorized representative to perform the crane inspections, such duty authorized inspector shall be a certified third party inspector as set forth in this chv er. . In th e event that the building is not a threshold building and the construction will utilize cranes regulated by this chgpter, the owner shall employ a certified third party ingRector. The special Agenda Item No. Page 6 test Every 90 dms, including a full load drop test After a hurricane After a major incident/accident involving the personnel./material hoist (d) Third Party Inspectors . Third party inspectors shall cowly at a minimum with the following requirements: Incorporated in the State of Florida conducting third party inspections on cranes and/or personnel/material hoists. Cannot be wholly or partly owned by an Equipment Owner- or Equipment Manufacturer in the crane and hoisting industry. Cannot be receiving financial support from an equipment Owner or Equipment Manufacturer in the crane and hoisting industry inspector or the third party inspector shall perform the inspections set forth in the approved inspection plan. The Building Official shall be authorized to suspend or revoke the permit of a crane for gross negligence, gross incompetence, failures to correct any identified failures to comply with the applicable standards, or willful or repeated disregard of any occupational safety standard or order involving the crane. (c) Schedule. The inspection plan shall provide for crane inspection which shall occur at a minimum as follows: Tower Cranes After initial erection of crane After each time top - climbing is campleted, on the crane and/or after each period of 6 months the crane has been erected on a construction project After a hurricane After a major incident/accident involving the tower crane Mobile Cranes Annual inspection with a load test 7 After a major incident/accident involving the mobile crane Personnel/Material Hoists After initial erection of personfiel/material hoist, including a fall load drop test Every 90 dms, including a full load drop test After a hurricane After a major incident/accident involving the personnel./material hoist (d) Third Party Inspectors . Third party inspectors shall cowly at a minimum with the following requirements: Incorporated in the State of Florida conducting third party inspections on cranes and/or personnel/material hoists. Cannot be wholly or partly owned by an Equipment Owner- or Equipment Manufacturer in the crane and hoisting industry. Cannot be receiving financial support from an equipment Owner or Equipment Manufacturer in the crane and hoisting industry I Agenda Item NO'. Page 7 Cannot be an employee of an Equipment Owner or Equipment Manufacturer in the crane and hoisting industry. Must carry a minimal of $ 1,000,000 professional liability insurance. Must carry a minimal of $ 1,000,000 general liability insurance. () Qualification of individuals performing crane inspections. To perform the requisite crane inspections, an individual must possess the following_ ualifications: Minimal five (5) years of work experience in the crane industry specifically erecting, operating, maintaining, inspectin g and supervising equipment. Two (2) of the five (5) years of work experience must be in the capacity of conducting inspections of cranes and following all applicable codes and standards. Must have at least one (1) factory or factory approved representative /distributor certification to inspect or certif y crane eguMment. LQ Qualifications of personnel/material hoist y mplo q -ge inspector. To perform the requisite inspections, an individual must possess the following qualifications: Minimal five (5) years of work experience, in the personnel/material hoisting industry specifically erecting, operating, maintaining, inspecting and supervising of equipment. Two (2) years of the five (5) years of work experience must be in the capacity of conducting inspections of personnellmaterial hoists and following all applicable codes and standards. , Must have at least one (1) factory of factory approved I representative /distributor certification to inspect or certify personnel/material hoisting-equipment. Section 8E-9, Tower Crane and Mobile Crane Operator Qualifications and Certifications. Tower cranes and mobile cranes shall only be operated by individuals certified in who: V--, Agenda Item No. Page 8 (1) Pass a physical examination conducted by a physician which at a minimum shall include the examination criteria specified in the American Society of Mechanical Engineers (ASME) B30.5-2000 standard, Chapter 5- 3.1.2(a)(1 -5, 7,8) or the U.S. Department of Transportation (US DOT) physical examination requirements in 49 CFR Sections 391.41 throuA 391.49. (2) Pass a substance abuse test. The level of testing shall be consistent with the standard practice for the industry where the crane is in use and this test shall be conducted by a recognized laboratory service. (3) Pass a written examination developed, validated, and administered in accordance with the Standards for Educational and Psychological Testing (Co]2vright 1999) published jointly by the Joint Committee of the American Educational Research Association, the American Psychological Association, and the National Council in Measurement in Education. The exam shall test knowledge and skills identified as necessary for safe crane operations and shall, at minimum, include the following. (a) Operational characteristics and controls, including- characteristic and performance questions appropriate to the crane type for which qualification is sought, • (b) emergency control skills, such as a response to fire, power line contact, loss of stability, or control malfunction, (c) a demonstration of basic arithmetic skills necessary for crane operation and the ability to read and comprehend the crane manufacturer's operation and maintenance instruction materials, including load capacity information Toad charts) for the crane for which certification is sought, d) knowledge of the requirements of this chanter, chanters 5-0 through 5-3 of The American Society of Mechanical Engineers (ASME) B30.5-2000 and B30.5a-2002 Addenda to the standard for mobile and locomotive cranes or chapters 4-0 through 4-3 of the ASME B30.4-1996 standard for portal, tower, and pedestal cranes or Chapter 3-3 of the ASME B30.3-1993 standard for Construction Tower Cranes, depending on the type of crane(s) the operator intends to operate I Agenda Item No. Page 9 (4) Pass a "hands-on" -examination to demonstrate proficiency in operating the specific type of crane, which at a minimum shall include pre-start and post-start inspection, maneuvering skills, shutdown, and securing procedures. Section 8E-10. Hurricane Preparedness. (a) General. Cranes shall abide by the following hurricane precautions. (1) Cranes shall abide by all manufacturers recommendations relating to hurricane preparedness including any relating- to the placement and removal of advertisement banners, the use of rigging, and the removal of rigging blocks. (22) Tower crane hook blocks must' be -greased and hoisted Lip and travel in against the tower prior to the storm. . M Mobile cranes with fixed booms must be laid down whenever feasible. (4) Hydraulic cranes must have booms swiped in and racked. (5) Tower cranes must have wind speed indicators in good working order. (b) Hurricane Preparedness Plans A hurricane preparedness plan shall be prepared and delivered to 'the Director of the Office of Emergency Management together with any g lication f or permit requiring the use of a crane. The hurricane preparedness plan shall specify in detail the steps to be taken by the operator to comply with the requirements of this section and otherwise to protect the public from the crane in the event of a hurricane. At a minimum, the hurricane preparedness plan shall contain: (1) identification of the person principally resRonsible for implementation of the hurricane preparedness plan and his or her substitute, together with any and all necessary emergency contact information, (2) a phasing plan for the steps to be taken in implementing the plan commencing with the first severe weather advisory, (3) a description of the personnel and other - resources dedicated to implementinjZ the hurricane preparedness plan. Agenda Item No. Page 10 Section 5E-11. Additional Enforcement In addition to other methods for enforcement provided in This Chapter. the County shall be authorized to enforce the provisions of this Section through the issuance of civil violations fines in the manner more specifically provided in Chapter 8CC of this Code. Violation of this Chapter involving any damages to the public health and safety may also be addressed by the County through an action in court for injunctive or other available relief << Section 2. Chapter 8CC of the Code of Miami-Dade County, Florida, is hereby amended to read as follows: Sec. 8CC-10. Schedule of civil penalties. Code Section Description of Violation civil , Penalty 8E Failure to maintain crane or heavy equipment in a safe $500-00. condition in accordance with applicable standards, failure to abide by hurricane preparedness plan Section 3. . If any section, subsection, sentence, clause or provision of this ordinance is held- invalid, the remainder of this ordinance shall not be affected by such invalidity. Section 4. It is the intention of the Board of County Commissioners, and it is hereby ordained that the provisions of this ordinance, including any Sunset provision, shall become and be made a part of the Code of Miami-Dade County, Florida. The sections of this ordinance may be renumbered or re-lettered to accomplish such intention, and, the word "'ordinance" may be changed to "section," "article," or other appropriate work. ik. Agenda Item No. Page I I Section 5. This ordinance shall become effective 10 days after the date of enactment unless vetoed by the Mayor, and if vetoed, shall become effective only upon an override by this Board. - Section 6. This ordinance does not contain a sunset provision. Approved by County Attorney as to form and legal sufficiency. Prepared by: