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.
