Amendment of Licensing Requirements for Hoisting Machine Operators
Adopted Rules: Closed to Comments
Effective Date:
Friday, May 4, 2018
Agency:
- DOB
Download Copy of Adopted Rule (.pdf):
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:
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Update the physical fitness requirements to conform to the latest requirements in ASME B 30.5-2014
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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
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Provide further specificity (in subdivision (d)) as to exactly which certifications are required for each licensing class
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Add language regarding derricks, for which no national certification is currently available
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Specify that applicants for a Class A or Class C hoisting machine operator license must obtain experience on specific relevant types of machinery
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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
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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
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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.]