An Act amending the act of October 9, 2008 (P.L.1363, No.100), known as the Crane Operator Licensure Act, further providing for title of act; in preliminary provisions, further providing for short title and for definitions and providing for applicability; in State Board of Crane Operators, further providing for board and for powers and duties of board; in licensure, further providing for licensure, for qualifications, for duration of license, for reporting of multiple licensure and for license without certification and providing for qualifications for licensure as well driller, for grandfathering for well drillers, for examination for licensure as well driller, for bonding and insurance for well drillers, for continuing education for well drillers, for professional standards and industry regulations for well drilling, for additional reporting requirements for well drillers, for sampling, for well driller license identification, for drilling company and rig registration, for exemptions and for agricultural operations; in administration and enforcement, further providing for violation of act, for refusal, suspension or revocation of license and for temporary and automatic suspensions; and making a repeal.

PRINTER'S NO. 1542
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 1249
Session of
2026
INTRODUCED BY MALONE, CULVER, MILLER, KEARNEY, KANE, HAYWOOD,
COSTA AND BOSCOLA, MARCH 30, 2026
REFERRED TO CONSUMER PROTECTION AND PROFESSIONAL LICENSURE,
MARCH 30, 2026
AN ACT
Amending the act of October 9, 2008 (P.L.1363, No.100), entitled
"An act relating to crane operator licensure; establishing
the State Board of Crane Operators; conferring powers and
imposing duties relative to regulating the practice of crane
operation; imposing penalties; and making an appropriation,"
further providing for title of act; in preliminary
provisions, further providing for short title and for
definitions and providing for applicability; in State Board
of Crane Operators, further providing for board and for
powers and duties of board; in licensure, further providing
for licensure, for qualifications, for duration of license,
for reporting of multiple licensure and for license without
certification and providing for qualifications for licensure
as well driller, for grandfathering for well drillers, for
examination for licensure as well driller, for bonding and
insurance for well drillers, for continuing education for
well drillers, for professional standards and industry
regulations for well drilling, for additional reporting
requirements for well drillers, for sampling, for well
driller license identification, for drilling company and rig
registration, for exemptions and for agricultural operations;
in administration and enforcement, further providing for
violation of act, for refusal, suspension or revocation of
license and for temporary and automatic suspensions; and
making a repeal.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The title and section 101 of the act of October
9, 2008 (P.L.1363, No.100), known as the Crane Operator
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Licensure Act, are amended to read:
AN ACT
Relating to crane operator licensure; establishing the State
Board of Crane Operators and Well Drillers; conferring powers
and imposing duties relative to regulating the practice of
crane operation and well drilling; imposing penalties; and
making an appropriation.
Section 101. Short title.
This act shall be known and may be cited as the Crane
Operator and Well Driller Licensure Act.
Section 2. The definitions of "board," "certification,"
"crane operator," "immediate supervision" and "trainee" in
section 102 of the act are amended and the section is amended by
adding definitions to read:
Section 102. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Board." The State Board of Crane Operators and Well
Drillers.
"Certification." Certification from the National Commission
for the Certification of Crane Operators (NCCCO) or another
organization found by the State Board of Crane Operators and
Well Drillers to offer an equivalent testing and certification
program meeting the applicable requirements of the American
Society of Mechanical Engineers ASME B30.5 as relating to mobile
cranes, ASME B30.3 or the requirements of ASME B30.4 as relating
to tower cranes and the accreditation requirements of the
National Commission for Certifying Agencies or the American
National Standards Institute.
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* * *
"Crane operator." An individual licensed by the State Board
of Crane Operators and Well Drillers to operate a crane.
"Decommissioning." The process of sealing and permanently
closing an inactive, abandoned or unusable water well,
geotechnical well, geothermal well or environmental well.
* * *
"Environmental well." A cased excavation or opening into the
ground created by digging, boring, drilling, driving, jetting or
any other method to obtain a sample of groundwater or soil for
environmental or geological investigation, research or
remediation, where the depth is likely to penetrate the water
table. The term includes a piezometer or observation well
installed for a purpose not specified in this definition. The
term does not include a well installed to provide a supply of
potable water.
"Geotechnical well." A well drilled to collect rock and soil
samples or to assess soil or rock stability for geotechnical
investigations related to site analysis for construction
suitability.
"Geothermal well." A boring or cased hole that utilizes the
geothermal properties of water to provide heating or cooling
through an open-loop or closed-loop groundwater heat pump
system. The term does not include a boring or cased hole
utilized in an electric generating geothermal system.
"Groundwater." Water occurring in underground streams,
channels, artesian basins, reservoirs, lakes or other subsurface
formations, whether percolating or otherwise.
"Immediate supervision." Circumstances in which [the] a
crane operator or well driller is in the immediate area of [the]
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a trainee, within visual sighting distance and able to
effectively communicate with the trainee.
"Modifying." Altering the physical construction of an
existing well after initial completion, including development,
redevelopment or reconditioning of an existing well.
"National association." The National Ground Water
Association.
"Registered drilling company." A business entity, including
a corporation, partnership, sole proprietorship, limited
liability company, business trust or other association, estate,
trust or foundation, which is registered with the department and
employs licensed well drillers to drill or construct a well or
boring.
"Rig." Equipment used for drilling, boring, coring, washing,
jetting, driving or digging earth materials or for lifting and
installing well and pump equipment.
"State association." The Pennsylvania Ground Water
Association.
"Trainee." An individual who has not been issued a license
under this act or obtained certification but who is authorized
to operate a crane or practice well drilling as set forth in
this act only when under the immediate supervision of a crane
operator or well driller.
"Water well." An excavation or boring constructed by
drilling, digging, boring, coring, washing, driving, jetting or
other methods to locate, divert or acquire groundwater for
purposes including human consumption, irrigation, industrial
processes, heating, cooling, groundwater dewatering,
investigation, monitoring, testing or remediation.
"Well driller." An individual licensed under this act to
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drill, dig, drive, bore, core, wash, jet, construct, alter,
decommission or repair a water well, geothermal well,
environmental well or geotechnical well. The term does not
include an individual who drills, constructs, modifies or
decommissions an oil or natural gas well regulated under 58
Pa.C.S. Ch. 32 (relating to development), the act of July 25,
1961 (P.L.825, No.359), known as the Oil and Gas Conservation
Law, or the act of December 18, 1984 (P.L.1069, No.214), known
as the Coal and Gas Resource Coordination Act.
"Well owner." An individual or entity owning land on which a
well or boring is constructed, modified or decommissioned.
Section 3. The act is amended by adding a section to read:
Section 102.1. Applicability.
(a) Oil and natural gas wells.--This act shall not apply to
an individual who drills, constructs, modifies or decommissions
an oil or natural gas well regulated under 58 Pa.C.S. Ch. 32
(relating to development), the act of July 25, 1961 (P.L.825,
No.359), known as the Oil and Gas Conservation Law, or the act
of December 18, 1984 (P.L.1069, No.214), known as the Coal and
Gas Resource Coordination Act .
(b) Normal agricultural operations.--This act shall not
apply to a function performed for normal agricultural operations
as defined in section 2 of the act of June 10, 1982 (P.L.454,
No.133), referred to as the Right-to-Farm Law.
Section 4. Chapter 3 heading and section 301(a), (b)(3), (c)
introductory paragraph and (4), (f) and (g) of the act are
amended and subsection (b) is amended by adding paragraphs to
read:
CHAPTER 3
STATE BOARD OF CRANE OPERATORS AND WELL DRILLERS
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Section 301. Board.
(a) Establishment.--There is hereby established the State
Board of Crane Operators and Well Drillers within the
department.
(b) Composition.--The board shall consist of the following:
* * *
(3) Four professional crane operator members.
Professional members shall have been actively engaged in
crane-related operations in this Commonwealth for at least
five years immediately preceding appointment. Except as set
forth in subsection (f), professional crane operator members
shall be licensed under this act as crane operators.
(4) Four professional well driller members, including
two water well drillers, one geotechnical well driller and
one geothermal well driller, who have been actively engaged
in well drilling in this Commonwealth for at least five years
immediately preceding appointment and are licensed as well
drillers under this act, except as provided under subsection
(f).
(5) The Secretary of Conservation and Natural Resources
or a designee, serving as an ex officio nonvoting member.
(c) Meeting.--The board shall meet within 30 days after the
appointment of the initial members and within 30 days after
appointment of the initial members under subsection (b)(4) and
shall:
* * *
(4) Educate the public regarding the requirements of
being licensed to operate a crane or drill a well and to hold
oneself out as a crane operator or well driller in this
Commonwealth.
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* * *
(f) Professional members and initial appointments.--A
professional member initially appointed to the board pursuant to
this act need not be licensed at the time of appointment but at
the time of appointment must have satisfied eligibility
requirements for licensure, including holding current
certification, as a crane operator or having satisfied
eligibility requirements for licensure as a well driller, as
provided in this act.
(g) Quorum.--A majority of the members of the board shall
constitute a quorum. Except for temporary and automatic
suspensions under section 705, a member may not be counted as
part of a quorum or vote on any issue unless the member is
physically or virtually in attendance at the meeting.
* * *
Section 5. Section 302(1) and (5) of the act are amended to
read:
Section 302. Powers and duties of board.
The board shall have the following powers and duties:
(1) To provide for and regulate the licensing of
individuals engaged in operating a crane and individuals
engaged in well drilling.
* * *
(5) To promulgate and enforce regulations, not
inconsistent with this act, as necessary only to carry into
effect the provisions of this act. This paragraph includes
the setting of fees and the adoption of standards for
certification of crane operators and licensing of well
drillers. Regulations shall be adopted in conformity with the
provisions of the act of July 31, 1968 (P.L.769, No.240),
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referred to as the Commonwealth Documents Law, and the act of
June 25, 1982 (P.L.633, No.181), known as the Regulatory
Review Act.
* * *
Section 6. Section 501(a), (b), (c), (d), (e) heading and
(g) heading of the act are amended and the section is amended by
adding subsections to read:
Section 501. Licensure.
(a) General rule.--Except as provided in subsection (c), an
individual may not operate a crane or drill a well, offer
himself for employment as an individual who may operate a crane
or drill a well or hold himself out as a crane operator or well
driller unless licensed by the board.
(b) Business entities.--Except as provided in [subsection]
subsections (c) and (c.1), an individual, corporation,
partnership, firm or other entity shall not employ an individual
to operate a crane or drill a well or allow or direct an
individual to operate a crane or drill a well unless the
individual is licensed under this act.
(c) [Trainee] Crane operator trainees.--For purposes of
acquiring the experience necessary to obtain certification, a
crane operator trainee who has passed a written examination of
the National Commission for the Certification of Crane Operators
or of a national association deemed equivalent by the board may
operate a crane when under the immediate supervision of a crane
operator. In order to qualify as a crane operator trainee under
this subsection, the individual must be 18 years of age or older
and have demonstrated, to the satisfaction of the person
employing the crane operator, that the crane operator trainee is
physically capable of operating a crane.
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(c.1) Well driller trainees.--A well driller trainee who is
not a licensed well driller may engage in well drilling only if
all of the following criteria are met:
(1) The well driller trainee works under the immediate
supervision of a licensed well driller.
(2) The licensed well driller is present at the drilling
site while the well driller trainee engages in well drilling.
(3) The well driller trainee is not primarily
responsible for drilling or operating the drilling apparatus
or rig.
(4) The licensed well driller directly supervises no
more than three well driller trainees at a time and is on-
site while supervising.
(5) The well driller trainee does not directly contract,
bid, advertise or accept payment from the client for
drilling.
(d) Duty of crane operator and licensed well driller.--When
providing immediate supervision to a trainee pursuant to
subsection (c) or (c.1), the crane operator or well driller
shall have no other duties.
(e) [Title] Crane operator title.--* * *
(e.1) Well driller title.--An individual who holds a license
as a well driller, or is maintained on inactive status under
section 504(b), shall have the right to use the title "licensed
well driller" and the abbreviation "L.W.D." Except as provided
in subsection (c.1), no other individual shall use the title
"licensed well driller" or the abbreviation "L.W.D." or hold
oneself out as being able to drill a well or as being authorized
to drill a well.
* * *
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(g) Specialties of crane operators.--* * *
(g.1) Categories of well drillers.--
(1) The board shall establish the following categories
for well driller licensure:
(i) Expert licensed well driller with the title
"Expert L.W.D."
(ii) Specialized licensed well driller with the
title "Specialized L.W.D."
(iii) Any other category deemed appropriate by the
board.
(2) A licensed well driller in a category under
paragraph (1)(i) or (ii) may specialize in one or more of the
following well types, subject to qualifications under section
507:
(i) Water well.
(ii) Geothermal well.
(iii) Geotechnical well.
(iv) Environmental well.
Section 7. Sections 502 heading, (a) introductory paragraph,
(b) and (c)(1) introductory paragraph, 504(a), 505 and 506(a)
introductory paragraph of the act are amended to read:
Section 502. Qualifications for licensure as crane operator.
(a) General rule.--To be eligible to apply for licensure as
a crane operator, an applicant must fulfill the following
requirements:
* * *
(b) Renewal of license.--In the case of a crane operator
licensee applying for renewal of license where certification
will expire before the biennial renewal cycle will expire, the
licensee shall submit evidence satisfactory to the board that
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the licensee has renewed certification. Failure to maintain
certification or to submit evidence of renewal of certification
shall subject the licensee to disciplinary action. The board
shall promulgate regulations setting forth the evidence
necessary to demonstrate renewal of certification as provided in
this subsection.
(c) Convictions prohibited.--
(1) The board shall not issue a crane operator license
to an individual who has been convicted of a felony under the
act of April 14, 1972 (P.L.233, No.64), known as The
Controlled Substance, Drug, Device and Cosmetic Act, or an
offense under the laws of another jurisdiction which, if
committed in this Commonwealth, would be a felony under The
Controlled Substance, Drug, Device and Cosmetic Act unless:
* * *
Section 504. Duration of license.
(a) Duration of license.--A license issued pursuant to this
act shall be on a biennial basis. The biennial expiration date
shall be established by the board in consultation with the
commissioner. Application for renewal of a crane operator or
well driller license shall biennially be forwarded to an
individual holding a current license prior to the expiration
date of the current renewal biennium. The application form must
indicate whether certification will expire before the biennial
renewal cycle will expire.
* * *
Section 505. Reporting of multiple licensure.
A crane operator or well driller who is also licensed to
operate a crane or drill a well in any other state, territory,
possession of the United States or country shall report this
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information to the board on the biennial registration
application. A licensee shall report any disciplinary action
taken in another state, territory, possession of the United
States or country to the board on the biennial registration
application or within 90 days of final disposition, whichever is
sooner. Multiple licensure shall be noted by the board on the
crane operator's or well driller's record, and the state,
territory, possession or country shall be notified of any
disciplinary actions taken by the board against the crane
operator or well driller in this Commonwealth.
Section 506. License without certification.
(a) Eligibility.--For a period commencing on the effective
date of regulations promulgated under section 2102 and
continuing until December 9, 2011, an individual shall be
eligible for licensure as a crane operator without
certification, as required by this act, if the individual:
* * *
Section 8. The act is amended by adding sections to read:
Section 507. Qualifications for licensure as well driller.
(a) Eligibility.--To be eligible to apply for licensure as a
well driller, an applicant must comply with all of the following
requirements:
(1) Be of good moral character.
(2) Be at least 18 years of age.
(3) Provide proof of bonding and liability insurance
through the applicant's employer or sole proprietorship, as
required by section 510.
(4) Be affiliated with a registered drilling company.
(5) Demonstrate proficiency in drilling techniques for
the applicable licensure category and specialty by passing a
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board-approved examination under section 509, unless applying
for licensure under section 508.
(6) Pay the fee established by the board.
(b) Renewal of license.--In the case of a well driller
licensee applying for renewal of license where certification
will expire before the biennial renewal cycle will expire, the
licensee shall submit evidence satisfactory to the board that
the licensee has renewed certification. Failure to maintain
certification or submit evidence of renewal of certification
shall subject the licensee to disciplinary action. The board
shall promulgate regulations providing the evidence necessary to
demonstrate renewal of certification as provided in this
subsection.
(c) Convictions prohibited.--
(1) The board shall not issue a well driller license to
an individual who has been convicted of a felony under the
act of April 14, 1972 (P.L.233, No.64), known as The
Controlled Substance, Drug, Device and Cosmetic Act, or an
offense under the laws of another jurisdiction which, if
committed in this Commonwealth, would be a felony under The
Controlled Substance, Drug, Device and Cosmetic Act unless:
(i) at least ten years have elapsed from the date of
conviction;
(ii) the individual satisfactorily demonstrates to
the board that the individual has made significant
progress in personal rehabilitation since the conviction
such that licensure of the individual should not be
expected to create a substantial risk of harm to the
health and safety of well drillers, trainees or the
public or a substantial risk of further criminal
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violations; and
(iii) the individual otherwise satisfies the
qualifications provided in this act.
(2) An individual's statement on the application
declaring the absence of a conviction shall be deemed
satisfactory evidence of the absence of a conviction, unless
the board has some evidence to the contrary.
Section 508. Grandfathering for well drillers.
(a) Eligibility.--For the first two years after the
effective date of this section, an applicant meeting the
requirements under section 507 may apply for licensure without
examination if the applicant demonstrates all of the following:
(1) For the category of expert licensed well driller:
(i) Three professional references from the drilling
industry.
(ii) Documentation from a drilling company verifying
competency in completing at least 50,000 cumulative feet
of drilling for each well type identified in section
501(g.1)(2) for which the applicant is seeking licensure
within the last five years.
(iii) Documentation from a drilling company
verifying competency in drilling in at least three of the
well types identified in section 501(g.1)(2);
(2) For the category of specialized licensed well
driller:
(i) Three professional references from the drilling
industry.
(ii) Documentation from a drilling company verifying
competency in completing at least 30,000 cumulative feet
of drilling for the specific well type for which the
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applicant is seeking licensure within the last five
years.
(b) Applicability.--The provisions of this section shall not
apply two years after the effective date of this section.
Section 509. Examination for licensure as well driller.
(a) Eligibility.--An applicant for licensure as a well
driller shall meet the requirements under section 507 and any
additional criteria established by the board to be eligible to
take the examination for licensure as a well driller and for the
board to consider the results of the examination.
(b) Fees.--An applicant for licensure as a well driller
shall register for the applicable examination through an
authorized provider and pay the appropriate fees.
(c) Required examinations.--The board will determine which
examinations are applicable for each drilling technique and
licensing category or specialty. Applicants are required to take
the applicable examinations, as determined by the board, for
consideration for licensure.
(d) Results.--An applicant for licensure as a well driller
shall ensure examination results are submitted to the board with
the application.
(e) Examinations.--The board shall designate examinations
for each drilling technique, licensure category and specialty.
The national association, State association or another approved
entity shall administer the examinations to demonstrate
proficiency in drilling methods, drilling equipment operation,
well design and construction, geological formation
identification, pump system operation and maintenance and other
relevant skills.
(f) Passing score.--An applicant for licensure as a well
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driller shall attain a passing score on the applicable
examination, as determined by the board, to be eligible for
licensure.
Section 510. Bonding and insurance for well drillers.
A well driller, as a well owner, contractor or employee of a
registered drilling company, shall demonstrate that drilling
operations are covered by bonding and liability insurance as
established by the board. For modifications of an existing well,
a well driller shall not be liable for work completed before the
effective date of this section or for work completed by another
driller. A well driller shall inform well owners of any
structural deficiencies or conditions not meeting professional
standards and industry regulations under section 512.
Section 511. Continuing education for well drillers.
(a) Requirement.--During each biennial renewal period, a
well driller shall complete continuing education as established
by the board.
(b) Approved providers.--The board shall establish criteria
for approved course providers based on content, instructor
qualifications and recommendations from the national association
and the State association.
( c) Auditing.--The board shall audit licensed well drillers
to verify compliance with continuing education requirements. A
well driller must fully respond to audit requests by the board
within 30 days of the request or as otherwise specified by the
board in the request.
(d) Recordkeeping.--A well driller shall maintain records
verifying completion of continuing education requirements for
five years after completion. In an audit or disciplinary
proceeding, the board may infer from a well driller's failure to
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maintain records as required under this subsection that the well
driller did not complete the required continuing education.
(e) Implementation.--The board shall implement the auditing
criteria under subsection (c) within two years of the effective
date of this section.
Section 512. Professional standards and industry regulations
for well drilling.
(a) Compliance.--A well driller shall comply with all
applicable Federal, State and local laws and regulations.
(b) Building codes.--A well driller shall adhere to relevant
provisions of the Chapters 3 and 6 of the International Plumbing
Code, including sections 309, 602 and 603, as adopted by
Department of Labor and Industry in accordance with Chapter 3 of
the act of November 10, 1999 (P.L.491, No.45), known as the
Pennsylvania Construction Code Act, and 34 Pa. Code § 403.21
(relating to Uniform Construction Code).
Section 513. Additional reporting requirements for well
drillers.
(a) Permits.--A well driller shall obtain and maintain all
required permits and certifications before and during well
construction or modification in accordance with Federal, State
and local laws and regulations.
(b) Well testing.--A well driller shall comply with well
testing requirements and reporting in accordance with Federal,
State and local laws and regulations.
(c) Intent to drill.--Within 72 hours of entering a
contract, written or oral, to drill a well, a well driller shall
submit a notice of intent to drill through PaGWISDriller or
another form specified by the Department of Conservation and
Natural Resources, including the well owner's name and address,
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the township and county where the well will be located and the
approximate drilling start date. The Department of Conservation
and Natural Resources shall share the notice with the department
upon request.
(d) Completion reports.--Within 10 days of completing a
water well or geothermal well, a well driller shall submit a
record through PaGWISDriller or another form specified by the
Department of Conservation and Natural Resources, which includes
the exact geographic location of the well and a log of the well
containing a description of materials penetrated, the size and
depth, the diameters and lengths of casing and screen installed,
the static and pumping level, the yield and any other
information pertaining to the construction or operation of the
well as required by the Department of Conservation and Natural
Resources. The Department of Conservation and Natural Resources
shall provide access to the report to the department within 10
days of receipt of the report.
(e) Decommissioning.--At least 10 days before
decommissioning a well, a well driller shall submit a record
through PaGWISDriller or another form specified by the
Department of Conservation and Natural Resources. The board, in
consultation with the Department of Conservation and Natural
Resources, shall promulgate regulations for effectively sealing
and decommissioning wells.
(f) Modifications.--Within 10 days of modifying a well, a
licensed well driller shall submit a record of the modification
through PaGWISDriller or another form specified by the
Department of Conservation and Natural Resources.
Section 514. Sampling.
(a) Core samples.--Upon receiving a notice of intent to
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drill from a well driller, the Department of Conservation and
Natural Resources may request samples of core cuttings for
research within two business days after receiving the notice.
The Department of Conservation and Natural Resources shall
provide the well driller with containers for the samples.
(b) Additional testing.--The Department of Conservation and
Natural Resources, in consultation with the Department of
Environmental Protection and Department of Health, may recommend
additional inspections or tests to ensure public safety and
health, establishing protocols and thresholds accordingly.
Section 515. Well driller license identification.
(a) License contents.--The board shall issue each well
driller a license identifying all of the following:
(1) The licensee's name.
(2) The licensure category and any specialty.
(3) The license number.
(4) The license expiration date.
(b) Possession.--A well driller shall carry a valid and
current license while engaging in well drilling and present the
license upon request by an authorized official.
Section 516. Drilling company and rig registration.
(a) Company registration.--A drilling company shall register
with the board and employ or contract only with well drillers
licensed to conduct well drilling in this Commonwealth.
(b) Rig registration.--A drilling company shall register and
title each rig with the Department of Transportation in
accordance with 75 Pa.C.S. Chs. 11 (relating to certificate of
title and security interests ) and 49 (relating to size, weight
and load).
(c) Rig possession.--A well driller shall possess the rig
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registration while rig is in operation.
Section 517. Exemptions.
A well driller designated as a prequalified geotechnical
drilling contractor under the Department of Transportation's
Publication 222, Geotechnical Investigation Manual, shall be
exempt from geotechnical well driller licensure requirements for
work contracted by the Department of Transportation to
specifically drill geotechnical wells or borings.
Section 518. Agricultural operations.
Nothing in this act shall be construed to apply to functions
performed for normal agricultural operations as defined in
section 2 of the act of June 10, 1982 (P.L.454, No.133),
referred to as the Right-to-Farm Law.
Section 9. Section 702(b)(1), (2) and (3) of the act are
amended to read:
Section 702. Violation of act.
* * *
(b) Civil penalty.--In addition to any other civil remedy or
criminal penalty provided for in this act, the board, by a vote
of the majority of the maximum number of the authorized
membership of the board as provided by law or by a vote of the
majority of the duly qualified and confirmed membership or a
minimum of five members, whichever is greater, may levy a civil
penalty of up to $1,000 on any of the following:
(1) A crane operator or well driller who violates a
provision of this act.
(2) An individual who operates a crane or drills a well
in violation of this act.
(3) An individual who holds himself out as a crane
operator or well driller without being properly licensed as
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provided in this act. This paragraph shall not apply to a
trainee under section 501(c).
* * *
Section 10. Section 703(a)(1), (2), (4)(i), (7) and (10) and
(b) introductory paragraph of the act are amended and subsection
(a) is amended by adding a paragraph to read:
Section 703. Refusal, suspension or revocation of license.
(a) General rule.--The board may refuse, suspend or revoke a
license in a case where the board finds:
(1) The licensee is negligent or incompetent in
operating a crane or drilling a well.
(2) The licensee is unable to operate a crane or drill a
well with reasonable skill and safety by reason of mental or
physical illness or condition or physiological or
psychological dependence upon alcohol, hallucinogenic or
narcotic drugs or other drugs which tend to impair judgment
or coordination, so long as such dependence shall continue.
In enforcing this paragraph, the board shall, upon probable
cause, have authority to compel a licensee to submit to a
mental or physical examination as designated by the board.
After notice, hearing, adjudication and appeal failure of a
licensee to submit to such examination when directed shall
constitute an admission of the allegations unless failure is
due to circumstances beyond the licensee's control,
consequent upon which a default and final order may be
entered without the taking of testimony or presentation of
evidence. A licensee affected under this paragraph shall at
reasonable intervals be afforded the opportunity to
demonstrate that the licensee can resume competent, safe and
skillful operation of a crane or drilling of a well.
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* * *
(4) The licensee has committed fraud or deceit in:
(i) the operation of a crane or the drilling of a
well; or
* * *
(7) With respect to the operation of a crane or the
drilling of a well, the licensee has acted in such a manner
as to present an immediate and clear danger to health, safety
or property.
* * *
(10) The licensee falsely advertised or made misleading,
deceptive, untrue or fraudulent material representations
regarding licensure, certification or operation of a crane or
the drilling of a well.
(11) The well driller licensee has failed to comply with
relevant provisions of Chapters 3 and 6 of the International
Plumbing Code, including sections 309, 602 and 603, as
adopted by the Department of Labor and Industry in accordance
with Chapter 3 of the act of November 10, 1999 (P.L.491,
No.45), known as the Pennsylvania Construction Code Act, and
34 Pa. Code § 403.21 (relating to Uniform Construction Code).
(b) Acts authorized.--When the board finds that the license
of crane operator or well driller may be refused, revoked or
suspended pursuant to subsection (a), the board may:
* * *
Section 11. Section 705 of the act is amended to read:
Section 705. Temporary and automatic suspensions.
(a) General rule.--A license issued under this act may be
temporarily suspended under circumstances determined by the
board to be an immediate and clear danger to public health or
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safety. The board shall issue an order to that effect without a
hearing, but upon due notice, to the licensee concerned at the
licensee's last known address, which shall include a written
statement of all allegations against the licensee. The
provisions of section 704 shall not apply to temporary
suspension. Formal action to suspend, revoke or restrict the
license of the crane operator or well driller shall be commenced
as otherwise provided for in this act. All actions shall be
taken promptly and without delay. Within 30 days following the
issuance of an order temporarily suspending a license, the board
shall conduct or cause to be conducted a preliminary hearing to
determine that there is a prima facie case supporting the
suspension. The crane operator or well driller whose license has
been temporarily suspended may be present at the preliminary
hearing and may be represented by counsel, cross-examine
witnesses, inspect physical evidence, call witnesses, offer
evidence and testimony and make a record of the proceedings. If
it is determined that there is not a prima facie case, the
suspended license shall be immediately restored. The temporary
suspension shall remain in effect until vacated by the board,
but in no event longer than 180 days.
(b) Commitment of crane operator or well driller.--A license
issued under this act shall automatically be suspended upon the
legal commitment of a crane operator or well driller to an
institution because of mental incompetency from any cause upon
filing with the board a certified copy of such commitment,
conviction of a felony under the act of April 14, 1972 (P.L.233,
No.64), known as The Controlled Substance, Drug, Device and
Cosmetic Act, or conviction of an offense under the laws of
another jurisdiction, which, if committed in Pennsylvania, would
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be a felony under The Controlled Substance, Drug, Device and
Cosmetic Act. Automatic suspension under this subsection shall
not be stayed pending an appeal of a conviction. Restoration of
the license shall be made as provided in the case of revocation
or suspension of a license.
Section 12. Repeals are as follows:
(1) The General Assembly declares that the repeal under
paragraph (2) is necessary to effectuate this act.
(2) The act of May 29, 1956 (1955 P.L.1840, No.610),
known as the Water Well Drillers License Act, is repealed.
Section 13. This act shall take effect in 60 days.
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