50-76-103. Crane and hoist license required. (1) (a) It is unlawful for a person to operate any hoisting equipment, when used in hoisting or lowering personnel or material, that has a manufacturer's rating of more than 6 tons or a boom length of more than 25 feet without first obtaining a license from the department of commerce. This equipment includes overhead trolley cranes used in construction only and excludes equipment with excavation attachments or log loading equipment when in use.
     (b) In emergencies, 50-74-317 applies to the operation of the equipment named in this section.
     (2) Licensing is as follows:
     (a) First-class hoisting engineers are licensed to operate any hoisting equipment in industrial or construction operations.
     (b) (i) An applicant for a first-class hoisting engineer's license must be 18 years of age or older and:
     (A) must have no less than 3 years' experience operating equipment requiring a second-class hoisting engineer's license or shall demonstrate equivalent competency by examination; and
     (B) is required to pass a written test prescribed by the department of commerce.
     (ii) An annual physical exam is required of all licensees.
     (c) Second-class hoisting engineers are licensed to operate hoisting equipment with a manufacturer's rating of 6 tons or a boom length of 25 feet up to equipment with a rating of 15 tons and a boom length of 60 feet.
     (d) (i) An applicant for a second-class hoisting engineer's license must be 18 years of age or older and:
     (A) must have no less than 2 years' experience in actual operation of hoisting equipment covered by this section or shall demonstrate equivalent competency by examination; and
     (B) is required to successfully pass a written examination prescribed by the department of commerce.
     (ii) An annual physical exam is required of all licensees.
     (e) Third-class hoisting engineers are licensed to move all truck cranes driven by any power and of any capacity. This license requirement applies to truck crane oilers who move truck cranes.
     (f) An applicant for a third-class hoisting engineer's license is required to successfully pass a written test prescribed by the department of commerce and must be 18 years of age or older before receiving a license.
     (3) The department of commerce shall reexamine each licensed engineer or operator every 5 years during the anniversary month of the issuance of the license if the licensee has not worked at the trade for 5 years.

     History: En. 69-1601.1 by Sec. 2, Ch. 456, L. 1975; amd. Sec. 1, Ch. 148, L. 1977; R.C.M. 1947, 69-1601.1; amd. Sec. 64, Ch. 613, L. 1989; amd. Sec. 23, Ch. 514, L. 1995.