2006 New York Code - Violation Of Building Laws; Punishment And Penalties For Illegal Operation Of Cranes And Derricks.

 
    §  26-125.1  Violation  of building laws; punishment and penalties for
  illegal operation of cranes and derricks.
    a. Any person who:
    (1) shall operate a crane or derrick as  such  terms  are  defined  in
  section  27-232  of  this  code  without first having obtained a license
  required to operate such crane or derrick, except for learners operating
  such  crane  or  derrick  in  the  presence  of  and  under  the  direct
  supervision of a licensed operator, pursuant to reference standard 19-2;
  or  (2)  is  in  charge  of,  in control of, or is either supervising or
  directing construction activities at a construction site,  and  who  (i)
  either  permits  or  authorizes the operation of a crane or derrick by a
  person who he or she either knows or should know does not have a license
  to operate such equipment, except for learners operating such  crane  or
  derrick  in  the  presence  of  and  under  the  direct supervision of a
  licensed operator, pursuant to reference standard 19-2; or  (ii)  either
  permits or authorizes the operation of a crane or derrick without having
  first  obtained all necessary approvals and permits for the operation of
  the equipment, or for the work to be performed, shall  be  guilty  of  a
  class  B  misdemeanor  and upon conviction thereof shall be subject to a
  civil penalty of not more than twenty-five thousand dollars in  addition
  to a sentence not to exceed ninety days.
    b. Any person who:
    (1)  shall  operate  a  crane  or derrick as such terms are defined in
  section 27-232 of this code without  first  having  obtained  a  license
  required to operate such crane or derrick, except for learners operating
  such  crane  or  derrick  in  the  presence  of  and  under  the  direct
  supervision of a licensed operator, pursuant to reference standard 19-2;
  or (2) is in charge of, in control  of,  or  is  either  supervising  or
  directing  construction  activities  at a construction site, and who (i)
  either permits or authorizes the operation of a crane or  derrick  by  a
  person who he or she either knows or should know does not have a license
  to  operate  such equipment, except for learners operating such crane or
  derrick in the presence  of  and  under  the  direct  supervision  of  a
  licensed  operator,  pursuant to reference standard 19-2; or (ii) either
  permits or authorizes the operation of a crane or derrick without having
  first obtained all necessary approvals and permits for the operation  of
  the  equipment,  or  for  the work to be performed, where such operation
  results in serious physical injury to another person or persons, as such
  term is defined in section 10.00 of the penal law, shall be guilty of  a
  class  A  misdemeanor  and upon conviction thereof shall be subject to a
  civil penalty of not more than one hundred thousand dollars in  addition
  to a sentence not to exceed six months.
    c.  There  shall  be no liability under the provisions of this section
  for the operation of a crane or derrick by any person who has been  duly
  licensed  by  the  department  to operate such crane or derrick, or by a
  learner who operates such crane or derrick in the presence of and  under
  the  direct  supervision of such person, during the thirty calendar days
  subsequent  to  the  expiration  of  such  person's  license;  provided,
  however,  that,  for  one year after the effective date of this section,
  there shall be no liability under the provisions of this section for the
  operation of a crane or derrick by any person who has been duly licensed
  by the department to operate such crane or derrick, or by a learner  who
  operates  such  crane or derrick in the presence of and under the direct
  supervision of such person, during the one year period subsequent to the
  expiration of such person's license.
    d. For purposes of this section, the terms "crane" and "derrick" shall
  have the meaning as ascribed by section 27-232 of this code.