HB 2022 was passed out of the Senate on February 23 with a unanimous vote. On the floor, an amendment was adopted that changes cities’ obligations under the bill. The House will need to concur with the amendments or otherwise agree on a final version of the bill with the Senate before the bill makes its way to the Governor.

The amendment:

• Replaces the requirement that local governments issue permits in a “timely manner allowing for” safe assembly and disassembly with a requirement that local governments issue permits with “consideration” for sufficient time to conduct safe assembly and disassembly.
  • “Sufficient time” is defined by the permit applicant themselves.
• Changes the requirements that local governments provide notice to residents in the assembly/disassembly zone to a requirement that the local government develop a permitting procedure to provide notice to residents inside the zone.

The new amendments are intended to give local governments more flexibility during their role in tower crane assembly, disassembly, and reconfiguration. They allow the city to coordinate permitting schedules with applicants, while still retaining the city’s ability to establish its own timeline. The amendment also lets cities develop a process for giving notice to neighbors as part of the permitting process, rather than making the city itself responsible for knocking on neighbors’ doors.

Tower crane safety bill has implications for cities

January 26, 2024

A bill that aims to better regulate tower crane safety in the wake of the tragic 2019 crane collapse in Seattle may have implications for cities.

HB 2022, sponsored by Rep. Julia Reed (D–Seattle), was heard in the House Labor & Workplace Standards Committee on January 12, then amended and sent to the House Appropriations Committee on January 19.

The latest version of the bill requires a contractor to obtain a permit through the Department of Labor & Industries (L&I) before operating, assembling, disassembling, or reconfiguring a tower crane, and requires a safety permit conference prior to issuing a permit. It sets forth the requirements for an L&I tower crane permit, including safety inspections, and establishes criminal penalties for certain safety violations.

Importantly for cities, the bill sets out a few specific requirements for municipalities before any tower crane can be assembled, disassembled, or reconfigured. Under the bill, cities must:

• Align their permits for street closures with the state law definition of assembly/disassembly work zone.
  • Defines “assembly/disassembly work zones” as the total area the crane or its components and attachments could reach if it were to collapse. Work zones can change over the course of a construction project depending on the tower height, length of the boom, attachments, and loads on the crane.
• Issue permits in a “timely manner” to allow enough time for safe set up, take down, or reconfiguration of a tower crane.
• Provide notice to residents or building occupants within the assembly/disassembly work zone ahead of any assembly, disassembly, or reconfiguration of a tower crane.

While the bill’s requirements on cities are not especially specific, it does mean that cities will need to pay closer attention to active construction projects using tower cranes within their jurisdictions to issue the right permits and avoid potential liability for accidents. Since the size of an assembly/disassembly work zone can change over the course of a project, cities will need to keep an eye out for these changes and adjust permit issuances accordingly. Cities will need to play an active role in giving notice to nearby residents within the ever-changing work zone of the tower crane activity.

Cities will also need to ensure they are able to process permits in a “timely manner,” though that term is left undefined. It’s possible that cities may need to be prepared to process and issue multiple permits during a construction project due to the ever-changing size of the work zone.  The contractor will need to apply for new permits before they can assemble, disassemble, or reconfigure their crane and change the size of the work zone.

The Senate companion, SB 5900, sponsored by Sen. Noel Frame (D–Greenwood), was heard on January 11, but has not been scheduled for a committee vote.