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Proposed Rules: Open to Comments

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Comment By: 
Thursday, August 17, 2017
Proposed Rules Content: 

 

Statement of Basis and Purpose of Rule

 

Section 28-405.1 of article 405 of chapter 4 of title 28 of the New York City Administrative Code (“Article 405”) authorizes the department to exempt, via rule, “operators of mobile cranes of a limited size and capacity” from licensing requirements that would ordinarily apply to any person who takes charge or operates any power-operated hoisting machine used for hoisting purposes or cableways.  The proposed amendment to paragraph (1) of subdivision (i) of section 3319-01 of title 1 of the Rules of the City of New York, which contains such licensing exemptions, would add a new exemption #7.

Specifically, the proposed amendment would exempt mobile cranes with a telescopic or hydraulic boom, including jibs and any other extensions to the boom, not exceeding 50 feet (15.24 m) in length with a manufacturer’s rated capacity of 3 tons (2.72 t) or less, otherwise known as “mini cranes”, from the licensing requirements of Article 405, so long as the operator has completed a manufacturer or nationally-recognized certification program that is acceptable to the department.  The licensing requirements in Article 405 require a person to be licensed as a hoisting machine operator in order to operate a hoisting machine, and require 2 to 3 years of experience training under a licensed hoisting machine operator in order to obtain a license.

The proposed amendment addresses the use of mini cranes in the construction industry, which represent a new and evolving class of technology, but do not fit into the current licensing classifications of Article 405, which are predominately geared towards larger cranes.

The proposed amendment would sunset on January 1, 2022.  In the meantime, the department will pursue legislation to create a new licensing class specifically for mini cranes.  The department will also count experience obtained using a mini carne while the proposed exemption is in place towards qualification to obtain the mini crane license.

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


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Subject: 

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