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Adopted Rules: Closed to Comments

Adopted 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.

 

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Effective Date: 
Fri, 05/04/2018

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

Agency:
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
Contact: 

No contact

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Monday, November 20, 2017
Proposed Rules Content: 

 

Statement of Basis and Purpose of Rule

 

This proposed amendment to 1 RCNY 104-09 adds a new subdivision (h) to implement the requirement of Local Law 80 of 2017 for Class B hoisting machine operators (HMOs) to earn a rating.  Under the current code, Class B HMOs are authorized to operate cranes of unlimited boom length.  Local Law 80 of 2017 limits Class B HMOs to the operation of cranes of boom lengths up to 300 feet unless they have earned a rating to operate longer booms.  The local law requires ratings to be issued for specific makes and models of cranes upon the completion of a practical exam, simulator training or other appropriate means as specified in the rule.

The Department of Buildings’ authority for these rules is found in sections 643 and 1043(a) of the New York City Charter 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: 

.

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

No contact