260-RICR-30-15-8. Examining and Licensing of Hoisting Engineers (version Amendment, 04/07/2004 to 03/09/2009)

HOISTING ENGINEERS These Rules and Regulations effective Following notice and public hearing held on Wednesday, February 25, 2004, and because it is the responsibility and authority of the Division of Professional Regulation in the Department of Labor and Training under the Rhode Island General Laws 28-26-4 (entitled "Rules and Regulations") to "make suitable rules and regulations for examining and licensing of hoisting engineers", the division hereby adopts the following Rules and Regulations as permitted under Title 42, Chapter 35 of the Rhode Island General Laws; (entitled "Administrative Procedure Act"). RULES AND REGULATIONS FOR EXAMINING AND LICENSING OF HOISTING ENGINEERS Rule 1. TYPES OF LICENSES - REGULAR LICENSE - qualifies the person to operate the equipment specified on the license, in the category or categories designated in rule #2. LIMITED LICENSE - a limited license is valid only for work performed in the employment of a single employer, within the premises owned and occupied by the employer, and is limited to the type of equipment as specified on the license, in the category or categories designated in rule #2. Municipal employees, who hold a limited license, must follow the same provisions as above stated limited licensees. Rule 2. CATEGORIES OF LICENSES - (A) FULL LICENSE -- This license allows the operation of all hoisting and excavating equipment. A full license shall be issued to any person, successfully completing an examination for the same, who previously qualified himself/herself under this chapter, as a hoisting engineer with a valie regular Rhode Island hoisting license for a period of at least two (2) years. Limited licenses are excluded for purposes of this section. (B) CRANE/LATTICE LICENSE -- This license allows the operation of derricks and lattice boom mobile cranes. It also includes all friction clutch machines, derricks, guy derricks, stiff legs, Chicago booms, and gin poles. (C) HYDRAULIC CRANE LICENSE -- This license allows the operation of derricks and lattice boom mobile cranes but hydraulic fluid is necessary for its operation. Said cranes are equipped with telescoping booms - with or without ropes. Elevators are also subpart under hydraulic cranes, personnel and/or material hoists. (D) AERIAL LIFT LICENSE -- This license allows the operation of machinery that is hydraulically operated enabling the worker to lift himself/herself into an elevated working position, while hoisting and/or carrying material into place. (E) OVERHEAD ELECTRIC CRANE LICENSE -- This license allows the operation of machinery which is electrically operated, that moves along an overhead trolley enabling material to be hoisted from one location to another. (F) CONVEYOR BELT LICENSE -- This license allows the operation of mechanical devices on a construction site that has a continuous chain or belt for transporting materials from one location to another. (G) CONCRETE PUMP / SCREEDING EQUIPMENT LICENSE -- This license allows the operation of a truck mounted hydraulic pump which pumps concrete from one location to another. Hydraulic arm machine used in leveling freshly poured concrete. (H) FORKLIFT/CONSTRUCTION LICENSE -- This license allows the operation of a hydraulic machine which has forks and/or attachments to lift and/or transport material from one location to another, with an extendable boom and height reach. (I) PAYLOADER/BACKHOE - EXCAVATING EQUIPMENT LICENSE -- This license allows the operation of machinery which has great flexibility in digging, grading, crushing and/or reclaiming of material, paving and/or rolling of earth and/or asphalt. (Crawler, robotics, or rubber tired equipment). (J) DRILLING RIG LICENSE -- This license allows the operation of machinery used to test and/or excavate the earth. (K) HYDRAULIC TRUCKS/DELIVERY ONLY -- This license allows the operator of the delivery company and/or equipment rental company to deliver their product only, to the job site, by whatever hydraulic means is on the delivery truck. (L) CRANE/SIGN/LIMITED -- This license allows sign contractor's to perform installation and removal of signs only. (M) SEGMENTAL LIFT HOIST OR SEGMENTAL ERECTING ARM/LIMITED -- This license allows operation of machinery that is used for hoisting and setting precast concrete segments in tunnel construction only. Rule 3. The Division of Professional Regulation shall conduct examinations, for Regular Licenses, not less than three (3) times per year, or every one hundred twenty (120) days. Examinations for Limited License will be conducted every thirty (30) days, or sooner, as the Director deems necessary. The passing score shall be 70 percent. Rule 4. Any person holding a Limited License may at any time apply for examination to qualify for operation of additional types of machinery. If applicant passes such examination, applicant's license shall be stamped indicating equipment for which he/she qualifies. Rule 5. A qualified person shall be issued a Limited License, which shall be valid only for work performed in the employ of a single employer. Any application and license fee for the Limited License shall be provided by the employer. A Limited License will terminate when the employee leaves that employ. Rule 6. Licenses shall show the date of issuance and shall expire on the licensee's birthday each year. Licenses may be renewed on or after that date, within a two (2) year period, upon payment of the appropriate renewal fees, plus a twelve dollar ($12.00) per month administrative assessment fee for the delinquency period. If licenses are not renewed in two (2) years, the applicant will be subjected to re-examination. Clarifying Comment: An individual wishing to Reinstate a license that has lapsed for a period under two (2) years will not be permitted to a re-examination without paying late fees or until the two (2) year period has expired. Any person with a pending violation, will not be permitted to take a hoisting engineer examination, until such time as the fine and/or violation has been settled. Any license expiring while the holder thereof is in the military, naval, or air service of the United States shall be renewed without further examination, upon payment of the prescribed fee, at any time within four (4) months after the person's discharge from the service. Rule 7. In case of licenses lost or destroyed, the holder shall notify the Examining Board immediately. A duplicate license may be issued properly marked and indicating the original date of issue upon a notarized application with the necessary fees, filed with the Board of Examiners, stating circumstances surrounding the loss or destruction. Rule 8. Any applicant, for a regular license, who has failed a first (1st) examination shall not be permitted to take a second (2nd) examination until one hundred twenty (120) days from failure to pass his/her last examination. Every retest or new test shall require payment of a separate test fee. Rule 9. Each applicant who has successfully passed the examination, shall be issued a certificate of license in the category tested for by the Division on payment of the proper fee. Rule 10. Every person shall have his/her license in his/her possession and on his/her person at all times while engaged in actual operation of hoisting machinery. No person shall transfer his/her license to another person. No licensee shall voluntarily give up possession of his/her license or place it beyond his/her personal control by pledging or depositing it with another person. Failure to comply with the above shall subject the holder to revocation of his/her license and any other penalties prescribed by law. Rule 11. All applications for a license must be accompanied by an affidavit detailing work history, two (2) photos of applicant and a fee of Thirty-six ($36.00) dollars which is not refundable. Rule 12. The Board of Examiners has the power to disregard any of the above rules and regulations if necessary, during a governmentally declared state of emergency. Rule 13. In accordance with the Federal Regulations, Section 12 of the Fair Labor Standards Act - (29 CFR - 570), no license shall be granted to a person less than eighteen (18) years of age. These rules and regulations constitute the entire rules and regulations under Title 28, Chapter 26, of the Rhode Island General Laws. All prior rules and regulations are hereby rescinded. Adopted by the Board of Hoisting Engineers as formal and official Rules and Regulations pursuant to R.I.G.L. 28-26-4 and 42-35-3. DATE: _______________________ _________________________ ______________________ David M. Rodrigues, Vacant, Member Chairperson _________________________ _______________________ John Shaw, Member David Burnham, Member _________________________ _______________________ Ellery Wood, Jr., Member Kathryn G. Serrecchia, Member _________________________ Benjamin Anthony, Member Approved, as required by R.I.G.L. 28-26-1(4): ____________________________ Marvin D. Perry Acting Director of Labor and Training FILING: These Rules and Regulations shall be filed with the Secretary of State in accordance with requirements of R.I.G.L. 42-35-4 ("Filing and Taking of Effect of Rules").