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Judge Blocks Parts of County Crane Ordinance

MIAMI-A federal judge blocked key parts of the construction crane-safety ordinance after temporarily putting the measure on hold last May.

By Eric Kalis | Updated on January 15, 2009

(This story, in slightly different form, originally appeared in the Daily Business Review.)

MIAMI-A federal judge on Wednesday blocked key parts Miami-Dade County’sconstruction crane-safety ordinance after temporarily putting the measure, which was originally passed in March 2008, on hold last May. In another victory for construction industry opponents of the Miami-Dadeordinance, US District Judge Ursula Ungaro ruled that parts of theordinance illegally pre-empted federal regulations enforced by theOccupational Health and Safety Administration. The judge permanentlyenjoined enforcement of the wind-load standard in the county ordinance,which had been approved by commissioners last March.

Miami-Dade commissioners approved the crane-safety ordinance in the wake ofa series of fatal crane accidents at local construction sites. Daily finesfor non-compliance would have started at $1,000, rise to $2,500 after 15days, and $5,000 after 30 days. The ordinance also empowered the county toshut down crane operators for violations.

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