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BillENACTED

Bill 220666-A

Amending Chapter 9-3300 of The Philadelphia Code, entitled “Use and Inspection of Tower and Mobile Cranes in Construction,” to require breaks for operators, all under certain terms and conditions.

Introduced Sep 15, 2022Committee on Licenses and InspectionsOfficial record: City of Philadelphia via Legistar

Introduced by

Councilmember SquillaCouncilmember SquillaCouncilmember SquillaCouncilmember DriscollCouncilmember DriscollCouncilmember Driscoll

How members voted

  1. Vote on Dec 15, 2022 · CITY COUNCIL

    Aye (16)

    Councilmember OhCouncilmember SquillaCouncilmember JohnsonCouncilmember JonesCouncil President ClarkeCouncilmember BassCouncilmember O'NeillCouncilmember BrooksCouncilmember GauthierCouncilmember Gilmore RichardsonCouncilmember ThomasCouncilmember DriscollCouncilmember LozadaCouncilmember HarrityCouncilmember VaughnCouncilmember Phillips

From the floor

Passages in the official transcripts that cite this file number. Every quote links to its exact place in the record.

  1. “Bill No. 220666-A, entitled "An ordinance amending Chapter 9-3300 of The Philadelphia Code, entitled 'Use and Inspection of Tower and Mobile Cranes in Construction,' to require breaks for operators"; and Bill No. 220814, entitled "An ordinance amending Section 12-919 of The Philadelphia Code, entitled 'On-Street Parking of Boats, Motor Homes, Truck STATED MEETING 103 12/15/2022 Campers, Semitrailers, Truck Tractors,…”

    Chief Clerk · Stated Meeting, December 15, 2022 · Dec 15, 2022 · official transcript, this passage

Status timeline

  1. Sep 15, 2022Introduced and Referred · CITY COUNCIL
  2. Nov 29, 2022HEARING NOTICES SENT · Committee on Licenses and Inspections
  3. Nov 29, 2022HEARING HELD · Committee on Licenses and Inspections
  4. Nov 29, 2022AMENDED · Committee on Licenses and Inspections
  5. Nov 29, 2022REPORTED FAVORABLY, RULE SUSPENSION REQUESTED · Committee on Licenses and Inspections
  6. Dec 1, 2022SUSPEND THE RULES OF THE COUNCIL · CITY COUNCIL
  7. Dec 1, 2022READ AND ORDERED PLACED ON NEXT WEEK'S SECOND READING CALENDAR · CITY COUNCIL
  8. Dec 1, 2022ORDERED PLACED ON THIS DAY`S FIRST READING CALENDAR · CITY COUNCIL
  9. Dec 8, 2022READ · CITY COUNCIL
  10. Dec 8, 2022AMENDED · CITY COUNCIL
  11. Dec 8, 2022ORDERED PLACED ON FINAL PASSAGE CALENDAR FOR NEXT MEETING. · CITY COUNCIL
  12. Dec 15, 2022READ AND PASSED · CITY COUNCIL
  13. Dec 21, 2022SIGNED · MAYOR

Official documents

Documents open on the City of Philadelphia’s legislative site.

Full text

Read the full text as published

..Title Amending Chapter 9-3300 of The Philadelphia Code, entitled "Use and Inspection of Tower and Mobile Cranes in Construction," to require breaks for operators, all under certain terms and conditions. ..Body THE COUNCIL OF THE CITY OF PHILADELPHIA HEREBY ORDAINS: SECTION 1. Title 9 of The Philadelphia Code is hereby amended as follows: TITLE 9. REGULATION OF BUSINESSES, TRADES AND PROFESSIONS * * * CHAPTER 9-3300. USE AND INSPECTION OF TOWER AND MOBILE CRANES IN CONSTRUCTION * * * � 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: * * * (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. (i) 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 paragraph (d), including by taking any adverse employment action in connection therewith. (ii) A violation of this paragraph (d) shall be a Class II violation and shall be enforced by the Department of Labor pursuant to the process and provisions of Section 9-4708(1)(a)-(e) of this Code, except that retaliation against an employee for any activity protected under this paragraph (d) shall be a Class III offense. (iii) Operators shall be provided with notice of their rights under this paragraph (d) which identifies the Department of Labor as the enforcement agency, within thirty days of this paragraph taking effect. (iv) Contractors shall maintain records of compliance with the provisions of paragraph (d) for two years. (v) Operators may file an action under this paragraph (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. * * * ..End 2