Exemptions from Licensing Requirements

(1) Pursuant to M.G.L. c. 146, § 53(e) through (g), the following companies may be exempt from the licensing and permitting requirements of 230 CMR 6.02 and 6.03: (a) Public utility companies; (b) Other companies operatingonlyupon public utilitycompanypropertyor equipment; and (c) Other companies operating equipment exclusively on company property. (2) Pursuant to M.G.L. c. 146, § 53(e) through (g), for any of the exemptions in 230 CMR 6.06(2) to apply, the requirements as applicable set forth in 230 CMR 6.06(2)(a) through (c) shall be met: (a) A public utilitycompanythat operates self-propelled truck-mounted cranes,derricks and similar hoisting equipment for the maintenance and construction of the company's equipment shall be exempt from the licensing and permitting requirements of 230 CMR 6.02 and 6.03 if the company has: 1. at least one supervisory employee who holds a license issued by the Office pursuant to 230 CMR 6.06(2) and who is designated as the responsible person in charge of the hoisting equipment; and 2. a company provides in-service training program for its employees. This exemption shall only apply if the in-service training program for employees has been approved by the Office. The in-service training program may be audited by the Office. The public utility company shall issue a company license to each trained and certified employee. The license shall contain a picture of the licensee, a list of the specific hoisting equipment that the licensee has been qualified to operate and the signature of the supervisory employee who holds an Office license. (b) Any other company that has cranes, derricks and similar hoisting equipment operated only upon public utility company property or equipment shall be exempt from the licensing and permitting requirements of 230 CMR 6.02 and 6.03 if: 1. the company has met the requirements set forth in 230 CMR 6.06(2)(a)1. and 2.; 2. the company's employees have obtained a company license from an approved in-service training program of the public utility company for which they are performing work; or 3. the company's employees are working at the direction of the public utility company and performing work associated with service restoration in connection with a weather or other emergency causing damage to property or equipment. The public utility company shall provide written or electronic notification to the Commissioner prior to the commencement of such work. (c) Any other company that operates hoisting equipment specifically limited to industrial lift trucks, forklifts, overhead cranes and other hoisting equipment, specifically authorized by the Office and used exclusively on company property shall be exempt from the licensing and permitting requirements of 230 CMR 6.02 and 6.03 if: 1. the company has met the requirements of 230 CMR 6.06(2)(a)1. and 2., and 2. at least one supervisory employee is on site at all times of operation and the supervisoryemployee holds a license issued bythe Office under 230 CMR 6.06(2)(c) and is designated as the responsible person in charge of hoisting equipment during that period of operation. (d) Exemption for Service Technicians. To service hoisting equipment, a service technician generally must hold a Hoisting License or, if employed by an exempt company, hold and adhere to the specific restrictions for a company license issued pursuant to 230 CMR 6.07. However, a service technician does not require either license if: 1. The service technician is employed by a hosting machinery manufacturer or authorized manufacturer dealer; 2. Has completed the manufacturer’s service technician certification program; and 3. Can produce evidence of these credentials to the Office or its representatives at any time. (e) Exemption for Industrial Lift Trucks and Forklifts. To ensure consistency with federal regulation 29 CFR 1910.178, companies and individuals operating industrial lift trucks and forklifts shall be exempt from hoisting licensure and in-service training requirements when the following conditions are met: 1. The operators of the equipment are employees of the company; and 2. The equipment is operated exclusively on property owned by the company and the general public does not have access to the area where the equipment is operated; NOTE: This exemption shall solely apply to industrial lift trucks and forklifts. Where a company or individual operates other hoisting equipment, all applicable statutory and regulatory requirements shall apply to said other equipment. (3) Per M.G.L. c. 146, § 53(h), a public high school that operates hoisting equipment as part of a vocational technical education program approved under M.G.L. c. 74 shall be exempt from licensing if the school: (a) has not less than one supervisory instructor who holds a License and who is designated as the responsible person in charge of the hoisting equipment; provided, however, that the supervising instructor is: 1. on site at all times of operation; and 2. designated as the responsible person in charge of hoisting equipment during that period of operation; and (b) provides an in-service training program for its instructors. (4) Per M.G.L. c. 146, § 53(i), a training facility that is recognized by the Division of Apprentice Standards and that trains apprentices for the occupation of operating engineer shall be exempt from licensing requirements if the facility: (a) has not less than 1 supervisory instructor who holds a License and who is designated as the responsible person in charge of the hoisting equipment; provided, however, that the supervising instructor is: 1. on site at all times of operation; and 2. designated as the responsible person in charge of hoisting equipment during that period of operation; and (b) provides an in-service training program for its instructors.