§21-3D-3. Powers and duties of commissioner. The commissioner shall:
(a) Propose rules for legislative approval in accordance with the provisions of article three, chapter twenty-nine-a of this code, which rules at the minimum must include provisions for:
(1) Certification of individuals who operate cranes or tower cranes in the State of West Virginia, which certification process must include a written examination and a practical demonstration, and must utilize standards no less restrictive than those prescribed by the American society of mechanical engineers/American National Standards Institute Safety Code and personnel certification accreditation standards; as of the effective date of this article: Provided, That the rule governing the practical examination must be a separate rule and provide for the implementation of the practical examination on or before July 1, 2001: Provided, however, That the successful completion of a training course approved by the commissioner may be substituted for the written examination and for the practical demonstration as set forth in section four of this article.
(2) Certification categories including lattice boom truck cranes; lattice boom crawler cranes; fixed cab-telescoping boom cranes; swing cab-telescoping boom cranes; and tower cranes: Provided, That the holders of a certification for the large telescoping boom crane, upon application for recertification, will be provided with a one time election to either be certified as an operator of a fixed-cab or swing-cab telescoping boom crane, and that holders of a certification for the small telescoping boom crane, upon application for recertification, will be automatically certified as a fixed cab operator.
(3) Certification renewal requirements of individuals who operate cranes in the State of West Virginia, that may not be more restrictive than those prescribed for the individual's initial certification, but must include a written examination and a current physician's certificate at least every five years: Provided, That the successful completion of a training course approved by the commissioner may be substituted for the written examination.
(b) Prescribe application forms for original and renewal certification.
(c) Set application fees in amounts that are reasonable and necessary to defray the costs of the administration of this article in an amount not to exceed $75 per year.
(d) Set examination and training course fees in an amount not to exceed the actual cost of the examination and the training course.
(e) Administer or cause to be administered the written examination, practical demonstrations and the training course as required for certification.
(f) Determine the standards for acceptable performance on the written examination, practical demonstration and the required training course: Provided, That the minimum standards must be consistent with national standards, current operating procedures and technology and be transferable to other states where possible: Provided, however, That the commissioner shall develop standards and criteria to establish a dual classification system of certification and implement this dual system of certification no later than January 1, 2001.
(g) Provide the option for applicants and crane operators to take examinations that meet or exceed requirements for national crane operator certification.
(h) Take other action as necessary to enforce this article.
§21-3D-3. Powers and duties of commissioner. The commissioner shall:
(a) Propose rules for legislative approval in accordance with the provisions of article three, chapter twenty-nine-a of this code, which rules at the minimum must include provisions for:
(1) Certification of individuals who operate cranes or tower cranes in the State of West Virginia, which certification process must include a written examination and a practical demonstration, and must utilize standards no less restrictive than those prescribed by the American society of mechanical engineers/American National Standards Institute Safety Code and personnel certification accreditation standards; as of the effective date of this article: Provided, That the rule governing the practical examination must be a separate rule and provide for the implementation of the practical examination on or before July 1, 2001: Provided, however, That the successful completion of a training course approved by the commissioner may be substituted for the written examination and for the practical demonstration as set forth in section four of this article.
(2) Certification categories including lattice boom truck cranes; lattice boom crawler cranes; fixed cab-telescoping boom cranes; swing cab-telescoping boom cranes; and tower cranes: Provided, That the holders of a certification for the large telescoping boom crane, upon application for recertification, will be provided with a one time election to either be certified as an operator of a fixed-cab or swing-cab telescoping boom crane, and that holders of a certification for the small telescoping boom crane, upon application for recertification, will be automatically certified as a fixed cab operator.
(3) Certification renewal requirements of individuals who operate cranes in the State of West Virginia, that may not be more restrictive than those prescribed for the individual's initial certification, but must include a written examination and a current physician's certificate at least every five years: Provided, That the successful completion of a training course approved by the commissioner may be substituted for the written examination.
(b) Prescribe application forms for original and renewal certification.
(c) Set application fees in amounts that are reasonable and necessary to defray the costs of the administration of this article in an amount not to exceed $75 per year.
(d) Set examination and training course fees in an amount not to exceed the actual cost of the examination and the training course.
(e) Administer or cause to be administered the written examination, practical demonstrations and the training course as required for certification.
(f) Determine the standards for acceptable performance on the written examination, practical demonstration and the required training course: Provided, That the minimum standards must be consistent with national standards, current operating procedures and technology and be transferable to other states where possible: Provided, however, That the commissioner shall develop standards and criteria to establish a dual classification system of certification and implement this dual system of certification no later than January 1, 2001.
(g) Provide the option for applicants and crane operators to take examinations that meet or exceed requirements for national crane operator certification.
(h) Take other action as necessary to enforce this article.
§21-3D-3. Powers and duties of commissioner. The commissioner shall:
(a) Propose rules for legislative approval in accordance with the provisions of article three, chapter twenty-nine-a of this code, which rules at the minimum must include provisions for:
(1) Certification of individuals who operate cranes or tower cranes in the State of West Virginia, which certification process must include a written examination and a practical demonstration, and must utilize standards no less restrictive than those prescribed by the American society of mechanical engineers/American National Standards Institute Safety Code and personnel certification accreditation standards; as of the effective date of this article: Provided, That the rule governing the practical examination must be a separate rule and provide for the implementation of the practical examination on or before July 1, 2001: Provided, however, That the successful completion of a training course approved by the commissioner may be substituted for the written examination and for the practical demonstration as set forth in section four of this article.
(2) Certification categories including lattice boom truck cranes; lattice boom crawler cranes; fixed cab-telescoping boom cranes; swing cab-telescoping boom cranes; and tower cranes: Provided, That the holders of a certification for the large telescoping boom crane, upon application for recertification, will be provided with a one time election to either be certified as an operator of a fixed-cab or swing-cab telescoping boom crane, and that holders of a certification for the small telescoping boom crane, upon application for recertification, will be automatically certified as a fixed cab operator.
(3) Certification renewal requirements of individuals who operate cranes in the State of West Virginia, that may not be more restrictive than those prescribed for the individual's initial certification, but must include a written examination and a current physician's certificate at least every five years: Provided, That the successful completion of a training course approved by the commissioner may be substituted for the written examination.
(b) Prescribe application forms for original and renewal certification.
(c) Set application fees in amounts that are reasonable and necessary to defray the costs of the administration of this article in an amount not to exceed $75 per year.
(d) Set examination and training course fees in an amount not to exceed the actual cost of the examination and the training course.
(e) Administer or cause to be administered the written examination, practical demonstrations and the training course as required for certification.
(f) Determine the standards for acceptable performance on the written examination, practical demonstration and the required training course: Provided, That the minimum standards must be consistent with national standards, current operating procedures and technology and be transferable to other states where possible: Provided, however, That the commissioner shall develop standards and criteria to establish a dual classification system of certification and implement this dual system of certification no later than January 1, 2001.
(g) Provide the option for applicants and crane operators to take examinations that meet or exceed requirements for national crane operator certification.
(h) Take other action as necessary to enforce this article.
