(a)(1)  No person shall operate or be in direct charge of hoisting or excavation equipment that uses steam, internal combustion engines, electric, or compressed air of five horsepower (5 h.p.) or more and/or can lift more than five hundred pounds (500 lbs.) without obtaining a license to do so as provided in this chapter.

(2)  No user or agent of a user of any machinery described in subsection (a)(1) shall permit the machinery to be operated unless it is operated by a duly licensed person as provided in this chapter.

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Terms Used In Rhode Island General Laws 28-26-5

  • Contract: A legal written agreement that becomes binding when signed.
  • person: may be construed to extend to and include co-partnerships and bodies corporate and politic. See Rhode Island General Laws 43-3-6
  • town: may be construed to include city; the words "town council" include city council; the words "town clerk" include city clerk; the words "ward clerk" include clerk of election district; the words "town treasurer" include city treasurer; and the words "town sergeant" include city sergeant. See Rhode Island General Laws 43-3-9

(b)  Every contract in the construction of public works by the state or by any city or town, or by persons contracting with the city, town, or state for the construction, shall contain a clause embodying the provision of this section.

(c)  In the event of any inconsistencies and/or contradiction between the requirements of this section and those of § 23-33-30, and/or in any respective rules and/or regulations promulgated pursuant to that section, the provisions of this section and any rules and/or regulations promulgated pursuant to this section shall be deemed to be controlling.

History of Section.
P.L. 1941, ch. 1068, § 3; P.L. 1944, ch. 1526, § 1; G.L. 1956, § 28-26-5; P.L. 1989, ch. 211, § 1; P.L. 1999, ch. 61, § 1; P.L. 1999, ch. 68, § 1; P.L. 2000, ch. 332, § 1; P.L. 2009, ch. 342, § 1.