Amendment of Licensing Requirements for Hoisting Machine Operators

Statement of Basis and Purpose of Rule

1 RCNY 104-09 establishes licensing criteria for hoisting machine operators, including relating to physical fitness, experience, and national certification. 

The proposed amendments:  

• Update the physical fitness requirements to conform to the latest requirements in ASME B 30.5-2014  

• Consolidate existing national certification requirements into a new subdivision (d).  1 RCNY 104-09 currently requires Class A and C licensed hoisting machine operators to possess “one or more” certifications, and requires Class B licensed hoisting machine operators to possess “all” certifications.  In the years since 1 RCNY 104-09 was first promulgated, the number of available national certifications has increased    

• Provide further specificity (in subdivision (d)) as to exactly which certifications are required for each licensing class    

• Add language regarding derricks, for which no national certification is currently available   

• Specify that applicants for a Class A or Class C hoisting machine operator license must obtain experience on specific relevant types of machinery    

• Incorporate a recent New York State Supreme Court ruling in Christian v. City et al. that Class A experience must be obtained within New York City  

• Clarify that experience for a Class A hoisting machine operator license must have been obtained under the supervision of a Class A or Class B licensed hoisting machine operator  

• Make editorial clarifications throughout the document  

The Department of Buildings’ authority for these rules is found in sections 643 and 1043 of the New York City Charter and section 28-401.14 and article 405 of chapter 4 of title 28 of the New York City Administrative Code. 

New material is underlined.

[Deleted material is in brackets.]