The following words and terms, when used in this chapter,
have the following meanings, unless the context clearly indicates
otherwise:
ANSI-The American National Standards
Institute.
ASME-The American Society of Mechanical
Engineers.
Act-The Crane Operator Licensure Act
(63
P. S. §§
2400.101-2400.2103).
Board-The State Board of Crane
Operators.
Certification-Certification from the
NCCCO, or another organization found by the Board to offer:
(i) A testing and certification program
equivalent to NCCCO and meeting the applicable requirements of ASME B
30.
(ii) The accreditation
requirements of the NCCA or ANSI.
Certifying organization-The NCCCO, or
another organization approved by the Board to issue certification.
Coal mining or coal mining
operations-The extraction of bituminous coal, lignite or anthracite
from natural deposits in nonliquid form, or if in liquid form, with workers
underground, by any means or method, and the work of preparing coal so
extracted.
Commissioner-The Commissioner of
Professional and Occupational Affairs within the Department.
Conviction-
(i) An ascertainment of guilt of the accused
and judgment thereon by a court, and includes a disposition of a criminal
proceeding under Pennsylvania law, or any similar disposition under the laws of
another jurisdiction, by a plea of guilty, guilty but mentally ill, or nolo
contendere; or a verdict of guilty, or guilty but mentally ill.
(ii) The term does not include an
adjudication of delinquency under 42 Pa.C.S. Chapter 63 (relating to Juvenile
Act).
Crane-A power-operated hoisting machine
that has a power-operated winch, load line and boom moving laterally by the
rotation of the machine on a carrier or base which has a manufacturer's rated
maximum lifting capacity of 15 tons or more as specified in ASME Volumes B 30.3
and B 30.5, and any successor volumes.
(i) The term includes:
(A) A derrick.
(B) A crawler crane.
(C) A wheel-mounted crane of both truck and
self-propelled wheel type.
(D) A
tower crane, which has a manufacturer's rated maximum lifting capacity of 10
meter tons or more, as specified in the applicable ASME B 30 volume.
(ii) The term does not include:
(A) A crane or drag line used in coal mining
operations.
(B) A
forklift.
(C) A digger derrick
truck.
(D) An aircraft.
(E) A bucket truck.
(F) A vehicle or machine not having a
power-operated winch.
(G) A tow
truck or wrecking crane when used for towing or vehicle recovery.
(H) A locomotive crane.
(I) A crane used in longshore operations or
other intermodal operations.
(J) A
crane used in manufacturing applications.
Crane operator-An individual licensed by
the Board to operate a crane.
Declaration-A written designation for a
license issued under §
6.22 or §
6.23 (relating to licensure
without certification by practical examination; and licensure without
certification by experience) specifying the type of crane that a licensee is
authorized to operate.
Department-The Department of State of
the Commonwealth.
Engage in the operation of a crane or
operate a crane-To perform a physical function related to the
activation or movement of a crane, and encompassing the use and manipulation of
the control mechanisms that direct the movement and hoisting functions of a
crane.
Immediate supervision-Circumstances in
which the crane operator is in the immediate area of the trainee, within visual
sighting distance and able to effectively communicate with the trainee.
Intermodal operations or
intermodal services-
(i) Receiving, handling, holding,
consolidation, loading or delivery of an intermodal container, as defined in
29 CFR
1917.2 (relating to definitions), at a
facility other than a marine terminal.
(ii) The term does not include:
(A) The construction, alteration, service,
repair or improvement of real estate appurtenant to a railroad or trucking
terminal.
(B) The repair, service
or installation of tangible personal property appurtenant to a railroad or
trucking terminal.
(C) The
assembly, fabrication, installation or arrangement of parts or components of a
machine, fixture, transportation improvement to real estate or building,
whether for the purpose of a fitting, adjustment, refinement or test as a
temporary or preliminary condition; or as a final, permanent or completed work
or product.
Lift director-An individual who directly
oversees the work being performed by a crane.
Longshore operations-
(i) Receiving, handling, holding,
consolidation, loading or delivery of waterborne shipments at a marine terminal
as that term is defined in 29 CFR
1917.2.
(ii) The term does not include:
(A) The construction, alteration, service,
repair or improvement of real estate appurtenant to a marine
terminal.
(B) The repair, service
or installation of tangible personal property appurtenant to a marine
terminal.
(C) The assembly,
fabrication, installation or arrangement of parts or components of a machine,
fixture, transportation improvement to real estate, or building, whether for
the purpose of a fitting, adjustment, refinement or test as a temporary or
preliminary condition; or as a final, permanent or completed work or
product.
Manufacturing application or
manufacturing or manufacture-
(i) The performance of manufacturing,
fabricating, compounding, processing or other operations, engaged in as a
business, which place any tangible personal property in a form, composition or
character different from that in which it is acquired whether for sale or use
by the manufacturer.
(ii) The term
includes every operation commencing with the first production stage and ending
with the completion of tangible personal property having the physical qualities
(including packaging, if any, passing to the ultimate consumer) which it has
when transferred by the manufacturer to another.
(iii) The terms "manufacturing application,"
"manufacturing" or "manufacture" do not include:
(A) The construction, alteration, service,
repair or improvement of real estate.
(B) The repair, service or installation of
tangible personal property.
(C) The
assembly, fabrication, installation or arrangement of parts or components of a
machine, fixture, transportation improvement to real estate or building,
whether for the purpose of a fitting, adjustment, refinement or test as a
temporary or preliminary condition; or as a final, permanent or completed work
or product.
NCCA-National Commission for Certifying
Agencies.
NCCCO-National Commission for the
Certification of Crane Operators.
OSHA-The United States Occupational
Safety and Health Administration.
Trainee-An individual who has not been
issued a license under this act or obtained certification but who is authorized
to operate a crane as set forth in section 501(c) of the act (63 P. S. §
2400.501(c)), and §
6.13 (relating to qualifications
and supervision of trainees) when under the immediate supervision of a crane
operator.
Work of preparing the coal-
(i) The breaking, crushing, sizing, cleaning,
washing, drying, mixing, storing and loading of bituminous coal, lignite or
anthracite, and other work of preparing the coal as is usually done by the
operator of a coal mine.
(ii) The
term does not include:
(A) The construction,
alteration, service, repair or improvement of real estate appurtenant to a coal
mine.
(B) The repair, service or
installation of tangible personal property appurtenant to a coal
mine.
(C) The assembly,
fabrication, installation or arrangement of parts or components of a machine,
fixture, transportation improvement to a coal mine or building, whether for the
purpose of a fitting, adjustment, refinement or test as a temporary or
preliminary condition; or as final, permanent or completed work or
product.
