Issuance of Temporary Permits to Operate Rented Compact Hoisting Machinery

(1) Approval by Office. All individuals or organizations seeking approval to issue temporary permits as short-term rental entities shall submit for the Office's approval, the following: (a) A completed application on a form approved by the Office; (b) A copy of the training program to be used by the short-term rental entity in accordance with 230 CMR 6.00; 1. A list of all instructors employed by the rental company, including the names, license numbers with designated type and class of hoisting machinery, and expiration dates; 2. A course syllabus for each equipment type to be used in the training program; 3. The minimum topics and texts included as part of the training program curriculum shall include but may not be limited to: a. M.G.L. c. 146; b. 230 CMR 6.00; c. 520 CMR 14.00: Excavation and Trench Safety; d. OSHA Standards 29 CFR 1926; e. M.G.L. c. 82, § 40; f. M.G.L. c. 82A; g. M.G.L. c. 164, § 76D; h. 220 CMR 99.00: Procedures for the Determination and Enforcement of Violations of M.G.L. c. 82, §§ 40 through 40E ("Dig Safe"). (c) A copy of the examination(s) to be used; (d) The make and model of the equipment to be used in the training program; (e) The name and Massachusetts hoisting license number of at least one individual who will act as the short-term rental entity facilitator; (f) A legible photocopy of the short-term rental entity facilitator's Massachusetts hoisting license; (g) A legible photocopy of the short term rental entity facilitator's U.S. state, U.S. territory, or federal government issued valid driver's license. The Office shall issue a certificate of approval to individuals or organizations seeking approval to issue temporary permits as short-term rental entities. Approval shall be contingent upon having a short-term rental entityfacilitator that holds a valid Massachusetts hoisting license in the applicant entity's employ. (2) The short term rental entity shall have a short term rental entity facilitator to monitor all permitting requirements. The short term rental entity facilitator shall hold a Massachusetts hoisting license of equal or greater grade of Massachusetts license than the compact hoisting machinery to be rented and will verify by their signature on the temporary permit that all those issued temporarypermits have fully participated in the short term rental entity's training program and passed the examination. (3) If the short term rental entity facilitator is no longer employed by the rental entity or is no longer going to serve as the facilitator, the short term rental entity shall notify the Office of the new facilitator within 14 days of the change on a form authorized by the Office. No temporary permits shall be issued by the short term rental entity without a valid short term rental entity facilitator approved by the Office. (4) Requirements for Short-term Rental Entity Training Program. Short-term rental entities shall comply with the following requirements: (a) Any entity that has been approved by the Office to issue temporary permits must have a valid certificate of approval posted visibly at the rental location. (b) No person shall be issued more than one temporary permit in any 45-day period from the expiration of said temporary permit. (5) Requirements for Temporary Permits. (a) All applicants must be 18 years of age or older. (b) Per M.G.L. c. 146, § 54, all applicants must possess a valid driver's license to operate a motor vehicle. (6) All applicants must submit the following documentation to the short-term rental entity prior to taking the examination for a temporary permit: (a) A complete application to operate a specific type of compact hoisting machinery as provided by the short-term rental entity; (b) A legible photocopy of the applicant's valid driver's license. (7) Issuance of Temporary Permits. (a) Only upon compliance with the requirements described in 230 CMR 6.03, the short term rental entity may issue a temporary permit to operate the rented compact hoisting machinery during the rental terms. The temporary permit shall not be valid for more than 14 consecutive days. Exception: In any given calendar year, the first temporary permit issued to an applicant seeking to become a temporary permit holder shall be valid for 28 days, all subsequent permits shall be valid for 14 days. (b) This temporary permit shall be on a form authorized by the Office. (c) The short term rental entity shall retain the original temporary permit application, the examination(s), and duplicates of the temporary permit for a period of three years. (d) Rental facilities shall issue a temporary permit (on a standard form approved by the Office) to those who satisfactorily complete and pass an examination. Temporary permits shall contain the following information: 1. Name of temporary permit holder; 2. Address of temporary permit holder; 3. Name and address of short-term rental entity issuing the temporary permit; 4. The printed name and legible signature of the short term rental entity facilitator verifying that the participant has completed the permit requirements; 5. The issuance and expiration date of the temporary permit; 6. The description of compact hoisting machinery for which the temporary permit is valid; and 7. The make and model of the piece of compact hoisting machinery that is being rented. (8) Short-term rental entities that are approved to issue temporary permits shall keep uniform records of temporary permit holders documentations and have those records readily accessible to Inspectors of the Office upon request for a period of three years. They shall be responsible for the security and retention of all uniform permits and the proper issuance thereof. (9) Falsification of Documents. The fraudulent issuance of temporary permits by any licensee shall be grounds for initiating formal proceedings under M.G.L. c. 146, § 59 and M.G.L. c. 30A and may be grounds for the Office to immediately suspend or revoke its approval of the short- term rental entity to issue temporary permits. (10) A temporary permit is only valid for compact hoisting machinery as defined in 230 CMR 6.01. (11) Pursuant to M.G.L. c. 146, § 54, a temporary permit and a valid driver's license shall be carried on the person of the operator during all times the operator is operating rented compact hoisting machinery, and shall be furnished for inspection by the operator at the request of the Chief, the Inspector, or the Commissioner. (12) If a person wishes to rent a piece of compact hoisting machinery more than 45 days after the expiration of a temporary permit they must go through an approved short-term rental entity's training program and take the examination again to have a new temporary permit issued.