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Proposed Rules: Open to Comments (View Public Comments Received:2)

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Comment By: 
Monday, March 12, 2018
Proposed Rules Content: 

 

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.]

 

 

 

 

Subject: 

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Location: 
Department of Buildings
280 Broadway, 3rd floor conference room
New York, NY 10007
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