Code of Massachusetts Regulations
520 CMR - DEPARTMENT OF PUBLIC SAFETY
Title 520 CMR 6.00 - Hoisting Machinery
Section 6.03 - Issuance of Temporary Permits to Operate Rented Compact Hoisting Machinery
Current through Register 1531, September 27, 2024
(1) Approval by Department. All individuals or organizations seeking approval to issue temporary permits as short-term rental entities shall submit for the Department's approval, the following:
The Department shall issue a certificate of approval to individuals or organizations seeking approval to issue temporary permits as short-term rental entities. Approval shall be contingent upon having a short-term rental entity facilitator that holds a valid Massachusetts hoisting license in the applicant entity's employ.
(2) The short term rental entity shall have a short term rental entity facilitator to monitor all permitting requirements. The short term rental entity facilitator shall hold a Massachusetts hoisting license of equal or greater grade of Massachusetts license than the compact hoisting machinery to be rented and will verify by their signature on the temporary permit that all those issued temporary permits have fully participated in the short term rental entity's training program and passed the examination.
(3) If the short term rental entity facilitator is no longer employed by the rental entity or is no longer going to serve as the facilitator, the short term rental entity shall notify the Department of the new facilitator within 14 days of the change on a form authorized by the Department. No temporary permits shall be issued by the short term rental entity without a valid short term rental entity facilitator approved by the Department.
(4) Requirements for Short-term Rental Entity Training Program. Short-term rental entities shall comply with the following requirements:
(5) Requirements for Temporary Permits.
(6) All applicants must submit the following documentation to the short-term rental entity prior to taking the examination for a temporary permit:
(7) Issuance of Temporary Permits.
(8) Short-term rental entities that are approved to issue temporary permits shall keep uniform records of temporary permit holders documentations and have those records readily accessible to Inspectors of the Department upon request for a period of three years. They shall be responsible for the security and retention of all uniform permits and the proper issuance thereof.
(9) Falsification of Documents. The fraudulent issuance of temporary permits by any licensee shall be grounds for initiating formal proceedings under M.G.L. c. 146, § 59 and M.G.L. c. 30A and may be grounds for the Department to immediately suspend or revoke its approval of the short-term rental entity to issue temporary permits.
(10) A temporary permit is only valid for compact hoisting machinery as defined in 520 CMR 6.01.
(11) Pursuant to M.G.L. c. 146, § 54, a temporary permit and a valid driver's license shall be carried on the person of the operator during all times the operator is operating rented compact hoisting machinery, and shall be furnished for inspection by the operator at the request of the Chief, the Inspector or the Commissioner.
(12) If a person wishes to rent a piece of compact hoisting machinery more than 45 days after the expiration of a temporary permit they must go through an approved short-term rental entity's training program and take the examination again to have a new temporary permit issued.