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What is NYC AC § 28-405.1?

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This section mandates that individuals operating power-operated hoisting machines must possess a valid license issued under this article. Several exceptions are outlined, including specific machinery types and supervised learners. Applies to operators of hoisting machines under the jurisdiction of the Department of Buildings.

General informational summary. Not legal advice for your situation. Consult an attorney before acting on any specific matter.

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§ 28-405.1 Hoisting machine operator license required.

AC § 28-405.1

It shall be unlawful for any persons to take charge of or operate any power-operated hoisting machine used for hoisting purposes or cableways under the jurisdiction of the department, unless such person is licensed under the provisions of this article. Exceptions: 1. Operators of machinery that is exempted from the requirements of sections 3316.1 or 3319.1 of the New York city building code.

2.Operators of mobile cranes of a limited size and capacity, or operators of mobile cranes performing a limited use, and exempted from the requirements of this article in accordance with rules promulgated by the commissioner.

3.Operators of hoisting machines with a manufacturer's rated capacity of one ton or less.

4.Operators of power-operated scaffolds and window-washing machines.

5.Learners supervised in accordance with the rules of the department by a licensed hoisting machine operator. (Am. L.L. 2021/126, 11/7/2021, eff. 11/7/2022; Am. L.L. 2023/077, 6/11/2023, eff. 6/11/2023) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/126 and L.L. 2023/077.

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