For purposes of this subchapter, the following definitions apply:

(1)  "Bureau" means the professional licensing bureau of the Department of Labor and Industry.

(2)  "Hoist" means a power driven apparatus capable of lifting and lowering loads involving no horizontal movement.

(3)  "Crane" means a machine for lifting and lowering a load and moving it horizontally, with the hoisting mechanism an integral part of the machine.  It may be fixed or mobile.

(4)  "Gantry crane" or "trolley crane" mean a crane similar to an overhead crane except that the bridge for carrying the trolley or trolleys is rigidly supported on two or more legs running on fixed rails or other runway.

(5)  "Line truck" means a truck with a standard manufacturer's truck chassis equipped with a hydraulically operated telescoping boom and may be equipped with a rotary digging device.

(6)  "Bucket truck" is a truck with a personnel lifting device designed to lift personnel to work stations above ground.

(7)  "Tower crane" is a crane with a vertical mast extending from a base support with a jib and/or boom attached to the mast at the opposite end (or near the opposite end) of the base support.  The vertical mast is seldom, if ever, less than 50 feet in length when the crane is in operation.

This rule has been repealed.

(1) Initial application, including examination:

(a) First Class                                                                                         $100

(b) Second Class                                                                                      100

(c) Third Class                                                                                            60

(d) NCCO reciprocity                                                                                  80

(2) Annual renewal of license (First and Second Class)                           150

(3) Annual renewal of license (Third Class)                                                50

(4) Additional standardized fees are specified in ARM 24.101.403.

(5) An applicant who fails the examination shall pay 50 percent of the licensure fee in order to retake the examination.

(6) All fees are nonrefundable.

This rule has been repealed.

(2) No application for examination will be considered unless it is accompanied by the proper duly documented supporting evidence.

(3) If an application is withdrawn, no refund of the application fee will be made.

(4) An application will be on file one year from the date of receipt. If no action is taken by the applicant within one year, the application fee will be forfeited and reapplication will be required.

(2) Any person aggrieved by an order prohibiting the use of a machine under these rules or any other order affecting the licensing of an operator may request an administrative review before the bureau in Helena. The review may be by telephone and shall be governed by ARM 1.3.212 through 1.3.225 and 1.3.233. Following the review, the bureau shall affirm, modify or revoke the order.

(3) All rehearing and appeal rights shall be as stated in 50-71-331 , 50-71-332 , 50-71-333 and 50-71-334 , MCA.

(4) In addition to all other remedies, the bureau may bring an action in an appropriate court to enjoin any violation of Title 50, chapter 76, Hoisting Engines, as provided in 50-71-326 , MCA.

(1) The Department of Labor and Industry adopts and incorporates by reference the following sections of the American National Standards Institute (ANSI) B30.5, 2018 Edition which sets forth standards for mobile and locomotive cranes:

(a) Section 5-2.1 Inspection - General;

(b) Section 5-2.3 Maintenance;

(c) Section 5-3.1.3 Responsibilities;

(d) Section 5-3.2 Operating Practices;

(e) Section 5-3.3 Signals; and

(f) Section 5-3.4.5 Crane Operation in the Vicinity of Electric Power Lines.

(2) The purpose of this incorporation is to provide minimum requirements and standards for the operation of crane and hoist equipment as specified in 50-76-102 , and 50-76-103 , MCA, for the protection of the public health, safety, and welfare. The American National Standards Institute is a nationally recognized model code setting forth minimum standards and requirements for crane and hoist operation.

(3) A copy of the ANSI B30.5 may be viewed at the Department of Labor and Industry, Crane and Hoisting Operator Engineer Licensing Program, 301 South Park Avenue, Helena, MT 59620-0513.

(4) A copy of the ANSI B30.5 can be purchased directly from ANSI at www.ansi.org.

This rule has been repealed.

(1) No person shall operate any hoisting equipment except as listed under (8) of this rule, without first obtaining a hoisting operator's license from the bureau, unless meeting requirements of (6).

(2) The following hoisting licenses are issued under 50-76-102, MCA, that are applicable to other than mine hoisting equipment:

(a) first-class hoisting license;

(b) second-class hoisting license.

(3) A person applying for a hoisting operator's license under 50-76-102, MCA, shall meet the following requirements:

(a) have passed their 18th birthday;

(b) have passed a physical examination within 180 days prior to a new application and present this report to the department, or present proof of passing an applicable physical examination; and

(c) pass a written examination as prescribed by the bureau.

(4) An applicant for a first-class hoisting operator's license shall have no less than one year of experience in the operation of hoisting equipment covered by this rule, at a minimum of 1000 hours per year. Applicants with less than one year of experience do not qualify for a first-class hoisting operator's license. Applicants with work experience acquired in states that have no licensing requirements will qualify if their notarized certificate of experience indicates they have the required work experience on the applicable equipment.

(a) The holder of a first-class hoisting operator's license can operate types of hoists which include but are not limited to the following:

(i) elevators in buildings under construction with engines delivering unlimited brake horsepower;

(ii) multiple drum hoists with engines delivering unlimited brake horsepower;

(iii) single drum hoists with engines delivering unlimited brake horsepower; and

(iv) all hoists allowed by second-class hoisting operators' licenses.

(5) An applicant for a second-class hoisting operator's license shall have no less than one year of experience in the operation of hoisting equipment covered by this rule, at a minimum of 1000 hours per year. Applicants with less than one year of experience do not qualify for a second-class hoisting operator's license. Applicants with work experience acquired in states that have no licensing requirements will qualify if their notarized certificate of experience indicates they have the required work experience on the applicable equipment.

(a) The holder of a second-class hoisting operator's license can operate the following types of hoists:

(i) elevators in buildings under construction with engines delivering up to 100 brake horsepower; and

(ii) single drum and multiple drum hoists with engines delivering up to 100 brake horsepower.

(6) Persons operating hoisting equipment listed in this rule who have less than one year of experience must work under the direct supervision of a licensed hoisting operator or participate in a certified apprenticeship training program.

(7) Application for any license must be accompanied by the following:

(a) A notarized certificate of experience provided by the bureau and signed by a person having actual knowledge of the applicant's past work experience.

(b) A report of physical examination filled out and signed by the physician, physician assistant, or advanced practice registered nurse having given the examination. The form is provided by the bureau. An alternate form may be used if approved by the bureau. The physical may not be dated more than 180 days from the date the application is received by the bureau.

(c) A qualification and experience information form provided by the bureau.

(d) The license fee provided by ARM 24.135.402.

(8) Hoisting operators' licenses need not be obtained to operate the following types of equipment:

(a) stiff legs;

(b) front-end and rear-end loaders;

(c) forklifts;

(d) hoists and elevators in completed private and public buildings;

(e) hydraulic man lifts.

(1) No person shall operate any crane hoisting equipment except as listed in (9) of this rule without first obtaining a crane hoisting operator's license from the bureau, unless meeting requirements of (7).

(2) The following crane hoisting operator's licenses are issued under 50-76-103, MCA:

(a) first-class crane hoisting;

(b) first-class crane hydraulic hoisting;

(c) first-class crane gantry and trolley;

(d) second-class crane hoisting;

(e) second-class hydraulic and boom truck;

(f) third-class crane oiler;

(g) first-class tower crane;

(h) second-class tower crane; and

(i) air tugger.

(3) A person applying for a crane hoisting operator's license under 50-76-103, MCA, shall meet the following requirements:

(a) have passed their 18th birthday;

(b) have passed a physical examination within 180 days prior to a new application and present this report to the department, or present proof of passing an applicable physical examination; and

(c) pass a written examination as prescribed by the bureau.

(4) An applicant for a first-class crane hoisting license, first-class crane hydraulic license, first-class tower crane license or a first-class gantry and trolley license shall have no less than one year of experience in the operation of crane hoist equipment covered by this rule, at a minimum of 1000 hours per year. Applicants with less than one year of experience do not qualify for a first-class crane hoisting license. Applicants with work experience acquired in states that have no licensing requirements will qualify if their notarized certificate of experience indicates they have the required work experience on the applicable equipment.

(a) The holder of a first-class crane hoisting license can operate all classes of cranes and hoists except mine hoists.

(b) The holder of a first-class crane hydraulic hoisting license can operate all classes of hydraulic cranes, hydraulic boom trucks and hydraulic hoist equipment only.

(c) The holder of a first-class crane license for gantry and trolley cranes can operate gantry and trolley cranes only.

(d) The holder of a first-class tower crane license can operate all types of tower cranes only.

(e) The holder of an air tugger winch license can operate all types of air tugger winches, other than air tugger winches on equipment used to drill oil, natural gas, or water wells.

(5) An applicant for a second-class crane hoisting license, second-class tower crane license or second-class hydraulic and boom truck license shall have no less than one year of experience in the operation of crane hoisting equipment covered by this rule, at a minimum of 1000 hours per year. Applicants with less than one year of experience do not qualify for second-class crane hoisting licenses. Applicants with work experience acquired in states that have no licensing requirements will qualify if their notarized certificate of experience indicates they have the required work experience on the applicable equipment.

(a) The holder of a second-class crane hoist license can operate cranes with a manufacturer's load chart rating up to 17.5 tons, except mine hoists, or a tower crane of any capacity.

(b) The holder of a second-class hydraulic license can operate hydraulic cranes or boom trucks with a manufacturer's load chart rating up to 17.5 tons.

(c) The holder of a second-class tower crane license can operate tower cranes up to 17.5 tons.

(6) A third-class crane oiler's license requires no experience or physical examination. A third-class crane license authorizes the holder to move truck cranes only.

(7) Persons operating crane hoisting equipment listed in this rule who have less than one year of experience must work under the direct supervision of a qualified crane hoisting operator or participate in a certified apprenticeship training program.

(8) Application for a license must be accompanied by the following:

(a) A notarized certificate of experience signed by a person having actual knowledge of the applicant's past work experience.

(b) A report of physical examination filled out and signed by the physician, physician assistant, or advanced practice registered nurse having given the physical examination. The form is provided by the bureau upon request. An alternate form may be used if approved by the bureau. This physical examination form must also be filled out and submitted for license renewals.

(c) A qualification and experience information form provided by the bureau.

(d) The license fee provided by ARM 24.135.402.

(9) Crane hoisting operator's licenses need not be obtained to operate the following types of equipment:

(a) crane hoisting equipment that has a manufacturer's rating of six tons or less;

(b) overhead trolley cranes of any size not used in construction;

(c) equipment with excavation attachments or log loading equipment; or

(d) line trucks and bucket trucks.

(1) No person shall operate mine hoisting equipment when used in raising or lowering persons or materials in underground mines without first obtaining a mine hoisting operator's license from the bureau, unless meeting requirements of (8).

(2) The following hoisting licenses are issued under 50-76-102, MCA, that are applicable to mine hoisting equipment:

(a) first-class mine hoisting operator's license;

(b) second-class mine hoisting operator's license.

(3) A person applying for a mine hoisting operator's license shall meet the following requirements:

(a) have passed their 18th birthday;

(b) have passed a physical examination within 180 days prior to a new application and present this report to the department, or present proof of passing an applicable physical examination; and

(c) pass a written examination as prescribed by the bureau.

(4) An applicant for a first-class mine hoisting operator's license shall have no less than one year of experience in the operation of mine hoisting equipment, at a minimum of 1000 hours per year. An applicant with less than one year of experience in the operation of mine hoisting equipment does not qualify for a mine hoisting operator's license. Applicants with work experience acquired in states that have no licensing requirements will qualify if their notarized certificate of experience indicates they have the required work experience on the applicable equipment.

(5) The holder of a first-class mine hoisting operator's license can operate all classes of mine hoists.

(6) An applicant for a second-class mine hoisting operator's license shall have no less than one year of experience in the operation of mine hoisting equipment covered by this rule, at a minimum of 1000 hours per year. Applicants with less than one year of experience do not qualify for a second-class mine hoisting operator's license. Applicants with experience acquired in states that have no licensing requirements will qualify if their notarized certificate of experience indicates they have the required work experience on the applicable equipment.

(7) The holder of a second-class mine hoisting operator's license can operate mine hoists with engines delivering up to 100 brake horsepower.

(8) Persons operating mine hoisting equipment listed in this rule who have less than one year of experience must work under the direct supervision of a licensed mine hoisting operator or participate in a certified apprenticeship training program.

(9) Mines using automatic hoists must have a licensed mine hoisting operator readily available.

(10) Application for a license must be accompanied by the following:

(a) A notarized certificate of experience signed by a person having actual knowledge of the applicant's past work experience.

(b) A report of physical examination filled out and signed by the physician, physician assistant, or advanced practice registered nurse having given the examination. The form is provided by the bureau upon request. An alternate form may be used if approved by the bureau. The physical may not be dated more than 180 days from the date the application is received by the bureau.

(c) A qualification and experience information form provided by the bureau.

(d) The license fee provided by ARM 24.135.402.

This rule has been repealed.

This rule has been repealed.