New Ordinance is enforced before access to permits is released.

January 26th, 2011.

In the São Paulo City Official Gazette edition published on December 29th, 2010, the São Paulo City Government (PMSP – Prefeitura Municipal de São Paulo) has published the INTEROFFICE ORDINANCE no. 005 / SMSP / SEHAB / SMT / SNJ / 2010, which sets forth the new regulation on the use of cranes in the city. Although the rule is valid from the date of its publication, in December, it was only on the last week of January that the PMSP portal released access to the proceedings on how to obtain the permit of authorization to install temporary equipment, which includes cranes, and made an electronic copy of such document available. According to Paulo Carvalho, Locabens’ technical executive officer, the law was enforced more than one month ago and, therefore, all construction sites are liable to inspection, regardless of the permit system implementation delay by the government. “Despite all the criticism and objections we have against that law and the way it was instituted, we recommend that companies with construction sites in São Paulo, and having jib tips surpassing the limits of the lot and reaching public airspace, apply for the Permit immediately,” warns Paulo.

Locabens’ technical staff says that the Authorization Permit for Crane Installation allows the installation of one or more cranes in the construction site for the period of six (6) months, and may be renewed upon request. “The permit must be issued by the company in charge of the construction, since such company is responsible for submitting the project for the City Government’s approval,” says Marco Carminatti, Locabens’ Commercial Manager.

Further information and access to services offered by the PMSP Special Office of Modernization, Management, and Debureaucratization are available HERE. Full access to the PMSP portal and permit issuance process is available upon registration of a USERNAME and PASSWORD. (on “Senha Web” [Internet Password]).

After registration is completed, enter “alvará” (permit) to begin and track the whole process, from application and payment form generation (5 UFM – Municipal Fiscal Unit) to issuance of the permit, validity checking, and printing of final document. Locabens’ technical staff has studied the whole process and points out that, besides providing basic information on the taxpayer and the real estate, the following must be provided:

I – Name of individual or legal entity, number of enrollment with the Self-Employed Taxpayer’s and Legal Entity’s Registry (CCM) and registration of the engineer in charge (CREA);

II – Number of the construction approval and execution proceedings;

III – Number of ART (Resources and Tax Collection) form paid for equipment installation and operation;

Note: The ART form is provided by Locabens.

IV – Agreement number and details of insurance company hired for the Engineering Risk Insurance for the above mentioned equipment;

Note: The Engineering Risk Insurance must consider the existence of the crane in the construction site.

V – Date of assembly and disassembly of equipment;

VI – Statements written by the technician in charge of the construction, where the following characteristics are detailed:

– The crane is positioned inside the lot, within the limits provided by law and, except for the jib tip without load, no other part of the equipment (hoisted cargoes, counterweight, etc.) protrudes beyond the lot’s limit;

– The crane jib tip is at least three (3) meters away from any obstacle and protrudes, at max, ten (10) meters beyond the lot’s limit;

– Full compliance with NBR 7678, including the construction of protection cover over the sidewalk, and other lawful and normative rules provided by the city law.

Note: If the jib tip protrudes over the (public) sidewalk, a protection tray will be required, as specified in NBR 7678, attached as “part”;

– Commitment to immediately disassemble the crane if construction is interrupted.

Among other specifications imposed by the new regulation, Locabens’ staff highlights that it is important to pay attention to the need to obtain prior consent from the Traffic Engineering Company (CET) should full or partial closing of public streets be necessary, in conformity with the provisions of NBR 7678. “In such case, the permit issued by electronic means will only be valid if submitted together with the respective authorization issued by CET,” says Paulo Carvalho.

Locabens’ executive officer also said that, despite the delay in the permit system implementation, submission of the permit application protocol is not sufficient to meet the inspection agencies’ requirement, and that both the Authorization Permit and the Crane Cargo Plan, together with duly paid Fees and ART Payment Forms, must remain in the construction site to be shown during eventual inspections, whenever requested. “Due to the short period during which the Ordinance has been in effect and to the lack of detailed information, there may be difficulties in obtaining and using the permit,” warns Paulo. “Locabens and *ALEC are working with the City Offices and the City Government to gather all information necessary to make it easier to obtain the document through our clients,” he concludes.

*ALEC – Associação Brasileira das Empresas Locadoras de Bens Móveis (Brazilian Association of Movable Property Leasing Companies).

> Link to the Interoffice Ordinance text, as published in the São Paulo Official Gazette – HERE.