Exemptions of Operators of Mobile Cranes of a Limited Size and Capacity from Licensing Requirements

Adopted Rules: Closed to Comments

Effective Date: 
Friday, October 6, 2017
Agency:

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 of Buildings (“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 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, adds a new exemption #7. 

Specifically, the amendment exempts 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 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 amendment sunsets 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 exemption is in place towards qualification to obtain the mini crane license. 

The authority of the Department to establish 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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