N.Y. Comp. Codes R. & Regs. tit. 12 § 23-1.4

Current through Register Vol. 46, No. 15, April 10, 2024

Section 23-1.4 - Definitions

(a) General descriptive terms. As used in this Part (rule), such general terms as adequate, effective, equal, equivalent, firm, necessary, proper, safe, secure, substantial, sufficient, suitable and other similar terms when used to describe materials, devices, structures, methods and procedures required by this Part (rule) shall mean that such materials, devices, structures, methods and procedures shall be of such kind and quality as a reasonable and prudent man experienced in construction, demolition and excavation operations would require in order to provide safe working conditions for himself in the performance of such work.

(b) Specific terms. As used herein or in connection with this Part (rule) the following terms mean:

(1) Acceptable. Acceptable to the commissioner.

(2) Aerial basket. A vehicle-mounted, power-operated device with an articulating or telescoping work platform designed for use at elevated working positions.

(3) Approved. In respect to a device, material or method: in compliance with a subsisting resolution of approval adopted by the board. In respect to action by the board: made the subject of a resolution of approval. There are two kinds of approval granted by the board as follows:

(i) General approval. An approval, either required or voluntary, which is effective throughout the State of New York.

(ii) Special approval. An approval, either required or voluntary, which is granted for a particular device, material or method to be used or operated only at the specific location stated in the resolution of special approval.

(4) Area. Any space, either private or public, including a road, street or sidewalk, which may be affected by or subject to hazards from construction, demolition or excavation operations.

(5) Bearer. A horizontal member of a scaffold which supports the platform.

(6) Blasting area. An area near any blasting operation in which concussion or flying material or debris resulting from a blast of explosives can reasonably be expected to cause injury to any person therein.

(7) Board. The Board of Standards and Appeals of the State of New York.

(8) Boatswain's chair. A seat supported by rope slings attached to a block and tackle or supported by a powered hoisting unit designed to accommodate one person in a sitting position for vertical travel.

(9) Bricklayer's square scaffold. A scaffold the platform of which is composed of planks supported on built-up squares secured to each other by diagonal bracing.

(10) Catch platform. A structure fabricated and mounted on an exterior vertical wall of any building or other structure and designed to catch and hold falling objects or material from upper working levels.

(11) Commissioner. The Industrial Commissioner of the State of New York or his duly authorized representative.

(12) Competent. Qualified by training and/or experience to perform a particular task or duty.

(13) Construction work. All work of the types performed in the construction, erection, alteration, repair, maintenance, painting or moving of buildings or other structures, whether or not such work is performed in proximate relation to a specific building or other structure and includes, by way of illustration but not by way of limitation, the work of hoisting, land clearing, earth moving, grading, excavating, trenching, pipe and conduit laying, road and bridge construction, concreting, cleaning of the exterior surfaces including windows of any building or other structure under construction, equipment installation and the structural installation of wood, metal, glass, plastic, masonry and other building materials in any form or for any purpose.

(14) Dangerous air contaminants. Air contaminants in quantities tending to injure the health of any person. Air contaminants in quantities greater than 25 percent of the lower explosive level of any substance, mixture or compound which they may form.

(15) Dead load. The load imposed on a structure by the weight of all component parts which make up such structure.

(16) Demolition work. The work incidental to or associated with the total or partial dismantling or razing of a building or other structure including the removing or dismantling of machinery or other equipment.

(17) Designated person. A person selected and directed by an employer or his authorized agent to perform a specific task or duty.

(18) Excavating machine. A power-driven vehicle equipped to excavate, push, grade or elevate earth, rock or other material.

(19) Excavation work. The removal of earth, rock or other material in connection with construction or demolition operations.

(20) Excavation, area-type. An excavation having a bottom width equal to or greater than twice the depth of such excavation.

(21) Excavation, trench-type. An excavation having a bottom width less than twice the depth of such excavation.

(22) Extension ladder. A nonself-supporting portable ladder adjustable in length which consists of two or more sliding sections traveling in guides or brackets.

(23) Extension trestle ladder. A self-supporting trestle ladder provided with an adjustable vertical sliding single ladder section having parallel sides or rails.

(24) Heavy duty scaffold. A scaffold designed and constructed to carry a maximum live load of 75 pounds per square foot, such as one intended for stone masons and required to support heavy materials in addition to the workmen.

(25) Independent pole scaffold. A scaffold supported from the ground, floor or equivalent surface by a double row of vertical poles, independent of support from the walls of a building or other structure, and which consists of poles, ledgers, diagonal bracing, horizontal platform bearers and a platform.

(26) Job site. The site of a project involving construction, demolition or excavation operations.

(27) Ladder jack scaffold. A scaffold the platform of which is supported by brackets or jacks attached to the side rails of ladders.

(28) Ledger. A horizontal scaffold member extending to and forming a tie between the vertical posts and which supports the putlogs or bearers.

(29) Life net. An approved life net made and used in compliance with the provisions of this Part (rule).

(30) Light duty scaffold. A scaffold designed and constructed to carry a maximum live load of 25 pounds per square foot, such as one intended for carpenters or painters and required to support no load other than a small weight of material or tools in addition to the workmen.

(31) Live load. The load imposed on a structure consisting of the total weight of all loads supported by such structure.

(32) Manually propelled mobile scaffold. A portable rolling scaffold supported by casters.

(33) Material platform hoist. A power- or manually-operated suspended platform operating in guide rails attached to a tower or similar structure used for raising or lowering material exclusively and operated and controlled from a point outside the conveyance.

(34) Medium duty scaffold. A scaffold designed and constructed to carry a maximum live load of 50 pounds per square foot, such as one intended for bricklayers or plasterers and required to support no load other than a moderate weight of material in addition to the workmen.

(35) Multiple-point suspension scaffold. A scaffold with a continuous platform supported by three or more beams or bearers the ends of which are so suspended by wire rope from an overhead support as to permit the raising or lowering of the platform to a desired position by manual or powered means.

(36) Needle beam scaffold. A scaffold consisting of a plank platform supported by parallel horizontal beams which are suspended by ropes.

(37) Outrigger scaffold. A scaffold the platform of which is built upon outriggers or thrust-outs projecting from the wall or exterior face of a building or other structure with the inboard ends of such supports secured inside the building or other structure.

(38) Personnel hoist. A power-operated elevator the car of which operates in guide rails supported by an exterior tower or similar structure or by an interior hoistway within a building or other structure and used primarily to carry persons to elevated work areas during construction or demolition operations.

(39) Persons lawfully frequenting. Any person exercising a lawful right of presence or passage in any area, including persons on a public sidewalk, street or highway.

(40) Power buggy. A small self-powered vehicle operated by one person and used solely for the movement of materials on or about construction, demolition or excavation sites.

(41) Putlog. A horizontal member of a single-pole scaffold supported on one end by a ledger and on the other end by the wall of a building or other structure and which supports the scaffold platform.

(42) Roofing bracket. A bracket used in sloped roof construction and having sharp points of other means for securely fastening the bracket to the roof in order to prevent any person from slipping.

(43) gRunner. A horizontal member of a scaffold extending the entire length of the scaffold.

(44) Safety belt. An approved safety belt provided and used in accordance with the provisions of this Part (rule).

(45) Scaffold. A temporary elevated working platform and its supporting structure including all components.

(46) Sectional ladder. A ladder consisting of two or more individual sections so constructed that the sections can be connected and combined end to end to function as a single ladder.

(47) Shall. The word shall is always mandatory.

(48) Shoring, concrete. A system of temporary supports, either wood or metal, used to support the weight of forms and uncured concrete.

(49) Shoring, excavation. Temporary bracing used to support the sides of an excavation to prevent their collapse.

(50) Single ladder. A nonself-supporting portable ladder, nonadjustable in length, consisting of but one section.

(51) Single pole scaffold. A scaffold the platform of which rests on putlogs or cross-beams, the outer ends of which are supported on ledgers secured to a single row of vertical posts or uprights while the inboard ends are supported on the top of a wall or other structure or by means of openings in a wall or other structure.

(52) Soil.

(i) Stiff cohesive soil. Soil which does not crumble and which shows only slight indentations with moderate finger pressure. Such soils are generally stiff silts and clays or glacial tills with a relatively high content of plastic fines.

(ii) Noncohesive soil. Soil which crumbles by itself or under slight finger pressure. Such soils are generally silts, sands, gravels or mixtures of these with little or no plastic fines present.

(iii) Soft cohesive or wet-flowing soils. Wet sticky soil which can be molded with slight finger pressure or wet fine-grained granual soil which flows under its own weight. Such soils are either soft silts, clays, organic soils or wet loose sands and/or silts.

(53) Stepladder. A self-supporting portable ladder, nonadjustable in length, having flat steps or heavy duty rungs and a hinged back.

(54) Stilts. A pair of devices with foot and leg attachments which are used to elevate a person above a floor or equivalent surface in order to perform work on walls and ceilings.

(55) Tower crane. A crane design which utilizes a mast or tower in a fixed vertical position for supporting the operating boom. The three elements of a tower crane are a revolving superstructure, a base mounting and a boom attachment and such elements are varied for each tower crane application.

(56) Trestle ladder. A self-supporting portable ladder, nonadjustable in length, consisting of two sections which are hinged together at the top to form equal angles with the base.

(57) Tube and coupler scaffold. A self-supporting scaffold constructed of individual pieces of tubular metal, pipe or other material of equivalent strength forming vertical posts, runners, bearers and diagonal bracing and with all junction points fastened together by means of approved couplers or approved locking devices.

(58) Two-point suspension scaffold. A scaffold of the type commonly known as a painter's scaffold or swing staging having a platform supported by stirrups or hangers at two points near the ends and which is so suspended from overhead supports as to permit the raising or lowering of the platform to a desired position either manually or by means of power.

(59) Window jack. A working platform for one person which is supported by a bracket or jack which projects through a window opening.

(60) Zone of demolition. Any area in the immediate vicinity of a demolition site where persons may be injured from falling material or debris or from the operation of demolition machinery or equipment.

N.Y. Comp. Codes R. & Regs. Tit. 12 § 23-1.4