Beginning November 7, 2024, an HMO license issued by the Department of Buildings will be required to operate an articulating boom crane, mini crane, or rotating telehandler in New York City. New classes of limited HMO licenses for operators of articulating boom cranes, mini cranes, and rotating telehandlers have been created.

The new licensing requirements will apply to the use of an articulating boom crane, mini crane, or rotating telehandler to deliver materials to a construction site or move materials around a construction site. This includes the lifting of material with a fork, cradle, jib, or similar device.

Exemptions

An HMO license will not be required for:

• Work that occurs in an industrial or commercial plant or yard, or on a ship or barge.

• Excavation equipment, high reach demolition equipment, tree trimming equipment, and aerial work platforms – this includes rotating telehandlers when configured as an excavator, demolition grappler, tree trimmer, or aerial work platform.

• Articulating boom cranes, mini cranes, or rotating telehandlers that have a manufacturer’s rated

capacity of 1 ton or less.

See NYC Administrative Code §28-405.1, NYC Building Code Sections 3316.1 and 3319.1 and 1 RCNY 3319-01(i)(1) for exemption details. The exemption will only apply when the device and operation are in compliance with all the parameters of the exemption.

Apply for a Limited HMO License

Applications for an HMO license are launching in DOB NOW: Licensing later this year and a Service Notice will be posted with details. This launch will include the new limited HMO licenses for an articulating boom crane, mini crane, or rotating telehandler. Until the launch in DOB NOW: Licensing, Class A, B, and C HMO license applications can continue to be submitted in DOB NOW: BIS Options.

Qualifications

To qualify for a limited HMO license for an articulating boom crane, mini crane, or rotating telehandler, the applicant is required to:

• Have operated an articulating boom crane, mini crane, or rotating telehandler, respectively, for at least 1,500 hours in New York City between January 1, 2019, and November 6, 2024, excluding work in

industrial or commercial plants or yards.

–  Applicants will attest to their experience in a new Limited HMO License Experience Affidavit. Applicants for a limited HMO license for articulating boom cranes, mini cranes, or telehandlers submitted before November 7, 2024, will not be required to submit the longer HMO Experience Verification Form used by other HMO license applicants. Applications that indicate fewer than 1,500 hours of qualifying experience for the type of license sought will be rejected. If applying for more than one license type, a separate license application must be submitted for each license type.

• Possess an appropriate NCCCO certification (ABC, ABW, or ABL for an articulating boom crane license; TSS for a mini crane license; or THR for a rotating telehandler license)
• Have completed a NYC DOB approved HMO course that is at least 8-hours in length within 2 years prior to submitting the license application
• Have passed a medical physical within 90 days prior to submitting the license application.

DOB strongly encourages potential applicants to begin preparing their paperwork, including the Limited HMO License Experience Affidavit, and obtaining the necessary certifications and training, in advance of the application going live in DOB NOW: Licensing.

Applicants will be Allowed to Continue to Operate On and After November 7, 2024

Individuals who submit an application for a limited HMO license for an articulating boom crane, mini crane, or rotating telehandler before November 7, 2024, in DOB NOW: Licensing will be permitted to continue to operate the hoisting machine for which they submitted a license application while their license application is pending.

Supervision On and After November 7, 2024

Beginning on November 7, 2024, individuals who do not possess an appropriate DOB-issued HMO license, or who do not have a pending application in DOB NOW submitted before November 7, 2024, will only be allowed to operate an articulating boom crane, mini crane, or rotating telehandler if they are supervised by a licensed HMO with a DOB-issued license in accordance with the provisions of 1 RCNY 104-23.

Additional Information

Review the recent amendments to 1 RCNY 104-09 for more information about the qualifications and requirements for a new HMO license for articulating boom cranes, mini cranes, or rotating telehandlers.

Information about how and when to submit an application for an HMO license in DOB NOW will be available

at nyc.gov/buildings before November 7, 2024.

We’re here to help! Reach us at info@kmaofny.com or call us at (212) 563-6760.