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RULES AND REGULATIONS (pdf) |
Rules and Regulations Effective February 20, 2009
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 All prior rules and regulations are hereby rescinded.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.
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Rule No. 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.
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Rule 2. Category 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 licensed hoisting engineer for a period of at least two (2) years.
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 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.
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Rule No. 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.
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Rule No. 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.
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Rule No. 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.
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Rule No. 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.
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Rule No. 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.
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Rule No. 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.
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Rule No. 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.
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Rule No. 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.
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Rule No. 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.
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Rule No. 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.
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Rule No. 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.
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Rule No. 14
Operator Trainee License:
(A) As used for Rule 14, the following definitions shall apply:
1. “Department” means the Department of Labor and Training;
2. “Division” means the Division of Workforce Regulation and Safety;
3. “Direct Line of Sight Supervision” means that the Trainee can, at all times, physically see the Trainer’s hand signs and can physically hear the Trainer give voice commands;
4. “Excavating Equipment” means a Hoisting Pay loader or Backhoe or other excavating equipment as defined by Rule 2(I) of these rules;
5. “Operator Training” means actual filed instruction provided by a Trainer to a Trainee where the Trainee controls the Excavating Equipment;
6. “Trainee” means a person granted an Operator Trainee License by the Department;
7. “Trainer” means a person who holds a valid Rhode Island Payloader/Backhoe/Excavator Equipment License, as defined by Rule 2(I) of these rules or a Full License as defined by Rule 2(A) of these rules, and who is named as a Trainer by the Division for Operator Training of a specific Trainee;
(B) Operator Trainee License:
1. The Operator Trainee License shall allow a Trainer to provide Operator Training to a Trainee in the proper and safe use of Excavating Equipment and shall be valid for a two (2) year period or until such time as the Trainer notifies the Division that he/she is no longer providing Operator Training to the Trainee;
2. A Trainee must sit for the Hoisting Engineer’s examination following the expiration of the two-year term of the Operator Trainee License;
3. Applicants who hold a Operator Trainee License and sit for a Hoisting Engineer examination and fail may sit for a second Hoisting Engineer examination after a thirty day period;
4. A Trainee holding an Operator’s Trainee License and who has failed the Hoisting Engineer’s examination may request to come before the Board of Examiners of Hoisting Engineers to request an additional one (1) year extension of his/her Operator Trainee License;
(C) Application Process:
1. Persons seeking an Operator Trainee License must make application to the Division;
2. The Division shall approve applications from persons over the age of eighteen (18) upon submission of a complete application for an Operator Trainee License;
3. The application for Operator Trainee Licenses shall include:
a. A notarized letter or statement from the owner/lessee of the proposed Excavating Equipment upon which the applicant will receive Operator Training in which the owner/lessee grants the applicant and proposed Trainer permission to perform Operator Training on his/her Excavating Equipment;
b. A notarized letter from the proposed Trainer stating that he/she will provide the applicant with
Operator Training in compliance with the rules stated herein and that the applicant possesses the competency to train to run Excavation Equipment;
c. The applicant’s name, address and telephone number;
d. The proposed Trainer’s name, business name, address and his/her Rhode Island Hoisting Engineer License number;
e. A $75 application fee;
(D) Trainer’s Responsibilities:
1. Provide Operator Training to only one (1) Trainee at any given time;
2. Remain in the Trainee’s Direct Line of Sight Supervision at all times in which the Trainee receives Operator Training;
3. Directly supervise the Trainee’s Operator Training at all times;
4. Insure that the Trainee performs Operator Training only within the Trainee’s scope of operational competence and only on the Excavating Equipment approved by the Division;
5. Notify the Division in writing, within three (3) business days from the date when the Trainer ceases providing Operator Training to the Trainee;
(E) Trainee’s Responsibilities:
1. Notify the Division in writing within three (3) business days from the date when the Trainer ceases providing Operator Training to the Trainee;
2. Maintain Operator Trainee License during the training period;
3. Shall cease operation of Excavating Equipment when the Designated Trainer is not providing Direct Line of Sight Supervision;
(F) Penalty for Violations:
1. Whoever, being a Trainer or Trainee, violates any provision of this Rule shall be fined not less than three hundred ($300) nor more than one thousand one hundred and fifty dollars ($1,150) per offense;
2. Each day in which a violation occurs shall be deemed a separate offense;
3. Persons aggrieved by any proposed penalty for violation of this rule may appeal imposition of said penalty pursuant to R.I.G.L. §28-26-16.
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