Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 52 Pa.B. 7348 (November 26, 2022).

49 Pa. Code § 6.23. Licensure without certification by experience.

§ 6.23. Licensure without certification by experience.

 (a)  An individual who applies for a license without certification under section 506 of the act (63 P. S. §  2400.506) and who satisfies the requirements of §  6.21(b)(1), (2) and (3) (relating to licensure without certification generally) may elect to qualify for a license without certification by submitting acceptable documentation of 5 or more years of experience immediately preceding the date of application for licensure demonstrating to the Board’s satisfaction the applicant’s competency to safely operate the type of crane for which the applicant seeks a license, and payment of the requisite declaration fee.

 (b)  Acceptable documentation consists of:

   (1)  Each Internal Revenue Service Form W-2 (Wage and Tax Statement) and Internal Revenue Service Form 1099 issued to the applicant for the 5 calendar years prior to the year of application for which the applicant received compensation as a crane operator.

   (2)  A record of the applicant’s experience on a form prescribed by the Board, listing each project in which the applicant operated a crane, or engaged in the operation of a crane including no less than 4,000 hours of work during a period of 5 years immediately preceding the date of application for licensure.

 (c)  The record of the applicant’s experience must identify:

   (1)  The name and business address of the prime contractor or other person who employed or engaged the services of the applicant.

   (2)  Whether the applicant worked as an employee or independent contractor on the project.

   (3)  The location of the project.

   (4)  The type of crane operated.

   (5)  Whether an incident occurred in the operation of the crane resulting in disability to an individual in excess of the working shift or turn in which the injury was received.

   (6)  The number of hours worked on the project engaged in the operation of a crane.

   (7)  If the applicant worked as an independent contractor in the operation of a crane at any time during the 5 years prior to the date of application, a certificate of insurance for each insurer who issued a policy of comprehensive general liability insurance to the applicant.

 (d)  An applicant for a license without certification under this section may be eligible only for a license in the specialty for which the applicant has submitted acceptable documentation.

 (e)  An applicant for a license without certification under this section shall submit with the application an averment that the applicant has been examined by a physician and successfully passed an examination that satisfies the requirements of ASME Volume B 30.5.

 (f)  An applicant for a license without certification under this section shall submit with the application documentation of the results of any assessment administered within the 2 years prior to the date of application by a program of operator qualification and certification satisfying the requirements of 29 CFR Part 1926 (relating to safety and health regulations for construction).

 (g)  In lieu of certification, with a license without certification under this section the Board will issue a declaration specifying the specialty crane for which the licensee has qualified with at least 1,000 hours and for which the applicant has submitted acceptable documentation, and limiting the types of cranes that the holder of a license without certification by experience may operate.

 (h)  A license without certification under this section shall only be valid in conjunction with the declaration in subsection (g).

Cross References

   This section cited in 49 Pa. Code §  6.2 (relating to definitions); 49 Pa. Code §  6.12 (relating to certification); 49 Pa. Code §  6.21 (relating to licensure without certification generally); 49 Pa. Code §  6.32 (relating to renewal of license); and 49 Pa. Code §  6.33 (relating to initiating and terminating inactive status).



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