(1) Pursuant to M.G.L. c. 146, § 53, subsections (e) through (g), the following companies may be exempt from the licensing and permitting requirements of 520 CMR 6.02 and 6.03:
(a) Public utility companies;
(b) Other companies operating only upon public utility company property or equipment; and
(c) Other companies operating equipment exclusively on company property.
(2) Pursuant to M.G.L. c. 146, § 53, subsections (e) through (g), for any of the exemptions in 520 CMR 6.06(2) to apply, the requirements as applicable set forth in 520 CMR 6.06(2)(a) through (c) shall be met:
(a) A public utility company that operates self-propelled truck-mounted cranes, derricks and similar hoisting equipment for the maintenance and construction of the company's equipment shall be exempt from the licensing and permitting requirements of 520 CMR 6.02 and 6.03 if the company has:
1. at least one supervisory employee who holds a license issued by the Department pursuant to 520 CMR 6.06(2)(a)1. and who is designated as the responsible person in charge of the hoisting equipment; and
2. a company provides in-service training program for its employees.
This exemption shall only apply if the in-service training program for employees has been approved by the Department. The in-service training program may be audited by the Department. The public utility company shall issue a company license to each trained and certified employee. The license shall contain a picture of the licensee, a list of the specific hoisting equipment that the licensee has been qualified to operate and the signature of the supervisory employee who holds a Department license.
(b) Any other company that has cranes, derricks and similar hoisting equipment operated only upon public utility company property or equipment shall be exempt from the licensing and permitting requirements of 520 CMR 6.02 and 6.03 if:
1. the company has met the requirements set forth in 520 CMR 6.06(2)(a)1. and 2.;
2. the company's employees have obtained a company license from an approved in-service training program of the public utility company for which they are performing work; or
3. the company's employees are working at the direction of the public utility company and performing work associated with service restoration in connection with a weather or other emergency causing damage to property or equipment.
The public utility company shall provide written or electronic notification to the Commissioner prior to the commencement of such work.
(c) Any other company that operates hoisting equipment specifically limited to industrial lift trucks, forklifts, overhead cranes and other hoisting equipment, specifically authorized by the Department and used exclusively on company property shall be exempt from the licensing and permitting requirements of 520 CMR 6.02 and 6.03 if:
1. the company has met the requirements of 520 CMR 6.06(2)(a)1. and 2., and
2. at least one supervisory employee is on site at all times of operation and the supervisory employee holds a license issued by the Department under 520 CMR 6.06(2)(c) and is designated as the responsible person in charge of hoisting equipment during that period of operation.
