Second Substitute S.B. 92

Representative James A. Dunnigan proposes the following substitute bill:

1 CERTIFICATION OF CRANE OPERATORS
2 2006 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Gene Davis
5 House Sponsor: James A. Dunnigan
6 Cosponsors:
7 Gregory S. Bell
8 Mike DmitrichFred J. Fife
Brent H. Goodfellow
Peter C. KnudsonEd Mayne
Scott D. McCoy 9
10 LONG TITLE
11 General Description:
12 This bill modifies the Construction Trades Licensing Chapter of the Occupations and
13 Professions Title by requiring the certification of crane operators.
14 Highlighted Provisions:
15 This bill:
16 . provides for definitions related to the certification of crane operators;
17 . provides for an exemption from certification;
18 . requires an individual to be certified as a crane operator in order to operate a crane
19 on commercial construction, demolition, or excavation projects; and
20 . provides a penalty for unlawful conduct in operating a crane.
21 Monies Appropriated in this Bill:
22 None
23 Other Special Clauses:
24 This bill takes effect on July 1, 2007.
25 Utah Code Sections Affected:

26 ENACTS:
27 58-55-504, Utah Code Annotated 1953
28
29 Be it enacted by the Legislature of the state of Utah:
30 Section 1. Section 58-55-504 is enacted to read:
31 58-55-504. Crane operators -- Required certification -- Penalty for violation.
32 (1) As used in this section:
33 (a) "Commercial construction projects" means construction, alteration, repair,
34 demolition, or excavation projects that do not involve:
35 (i) single family detached housing;
36 (ii) multifamily attached housing up to and including a fourplex; or
37 (iii) commercial construction of not more than two stories above ground.
38 (b) (i) "Crane operator" means an individual engaged in operating a crane, which for
39 purposes of this section is a power-operated hoisting machine used in construction, demolition,
40 or excavation work that has a power-operated winch, load-line, and boom moving laterally by
41 the rotation of the machine on a carrier.
42 (ii) It does not include operating a fork lift, digger derrick truck, aircraft, bucket truck,
43 knuckle boom, or a vehicle or machine not using a power-operated winch and load-line.
44 (2) In order to operate a crane on commercial construction projects, an individual shall
45 be certified as a crane operator by the National Commission for the Certification of Crane
46 Operators or any other organization determined by the division to offer an equivalent testing
47 and certification program that meets the requirements of the American Society of Mechanical
48 Engineers ASME B 30.5 and the accreditation requirements of the National Commission for
49 Certifying Agencies.
50 (3) A person engaged in construction or operation incidental to petroleum refining is
51 exempt from the crane operator certification requirement of Subsection (2).
52 (4) An individual who violates Subsection (2) is guilty of a class A misdemeanor.
53 Section 2. Effective date.
54 This bill takes effect on July 1, 2007.