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Substitute House Bill No. 6526

Public Act No. 03-253

AN ACT CONCERNING HOISTING EQUIPMENT.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. Section 29-221 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2003):

As used in this chapter: (1) "Board" means the Examining Board for Crane Operators established under section 29-222; (2) "commissioner" means the Commissioner of Public Safety; (3) "crane" means (A) a tower crane used in construction, demolition or excavation work, (B) hydraulic cranes, (C) power-operated derricks, [or] (D) a mobile crane which is a mobile, carrier-mounted, power-operated hoisting machine utilizing a power-operated boom which moves laterally by rotation of the machine on the carrier and which has a manufacturers' maximum rated capacity exceeding five tons; (4) "hoisting equipment" means motorized equipment (A) used in construction, demolition or excavation work, (B) at a construction site for a project, other than a project involving residential structures of less than four stories, the estimated cost of which is more than one million two hundred fifty thousand dollars, and (C) which has a manufacturer's rated lifting capacity exceeding five tons and a manufacturer's rated maximum reach in excess of thirty-two feet; (5) "department" means the Department of Public Safety; and [(5)] (6) "apprentice" means anyone registered with the board for the purpose of learning crane operation or hoisting equipment operation.

Sec. 2. Section 29-223 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2003):

(a) The board shall keep a record of its proceedings and a roster of persons licensed or registered by it. The commissioner shall, with the advice and assistance of the board, adopt regulations, in accordance with chapter 54, for crane operators and hoisting equipment operators, specifying qualifications for applicants for licensure, requirements for examinations, procedures for issuance and renewal of licenses and certificates of registration and examination and application fees sufficient to meet the costs of administration of this chapter. The board shall administer and establish passing grades for licensure examinations. The board shall hold examinations at times and locations determined by the board and shall give written notice to applicants for examination of the time and place of examinations. Examinations may be written or practical or both.

(b) The board shall adopt regulations, in accordance with the provisions of chapter 54, establishing a safety code for the operation and maintenance of cranes and hoisting equipment.

Sec. 3. (NEW) (Effective October 1, 2003) (a) No person shall engage in, practice or offer to perform the work of a hoisting equipment operator, except as provided in subsection (b) or (c) of this section, who is not the holder of a valid crane operator's license or hoisting equipment operator's license issued by the board. Each licensed hoisting equipment operator shall carry his or her license on his or her person when operating hoisting equipment. No person may engage in, practice or perform the work of a hoisting equipment operator apprentice unless he has obtained a certificate of registration from the board. An apprentice's certificate may be issued for the performance of work of a hoisting equipment operator for the purpose of training, which work may be performed only under the supervision of a licensed hoisting equipment operator.

(b) The provisions of this section shall not apply to: (1) Any person engaged in the occupation of hoisting equipment operator in the state on October 1, 2003, provided such person shall be required to obtain a license within one year of October 1, 2003, (2) engineers under the jurisdiction of the United States, (3) engineers or operators employed by public utilities or industrial manufacturing plants, or (4) persons engaged in boating, fishing, agriculture or arboriculture.

(c) On or after October 1, 2003, but not later than October 1, 2004, the board shall issue a license for a hoisting equipment operator to any person who provides a notarized statement from the person's employer indicating the dates and duties of employment operating such equipment or proof of ownership and control of a company utilizing such equipment.

Approved July 9, 2003