CERTIFICATES

Omaha Municipal Code ch. 40, art. V, div. 2

in effect

Omaha Municipal Code § 40-374 Required.

Sec. 40-374. - Required. (a) It shall be unlawful for any person other than the legitimate holder of a certificate of the required grade to operate any machine or appliance used for the mechanical handling of materials of construction for the excavation of, or the handling or transfer of, or the grading, leveling, sloping or compacting of, earth or other materials, in, upon or about any building or other structure, or any public or private works, or the site thereof, during the construction, alteration, repair or demolition thereof. (b) It shall be unlawful for any person to employ any person who is not the holder of a certificate of the required grade or to direct, compel or permit any person who is not the holder of a certificate of the required grade to operate any such machine or appliance in the manner as set forth in paragraph (a) hereof. (Ord. No. 36424, § 1, 10-21-03; Ord. No. 42174, § 4, 9-15-20; Ord. No. 43642, § 1, 12-19-23)

Omaha Municipal Code § 40-375 Exceptions.

Sec. 40-375. - Exceptions. Nothing contained in the provisions of this division shall be construed as: (a) Covering the operation of trucks used in the transfer of materials mentioned in section 40-374. (b) Covering the operation of concrete mixers or mortar mixers unless such machines have connected thereto a skip or other device whereby materials are conveyed thereto or removed therefrom in such manner that skilled operation is necessary to protect life, limb or property. (c) Requiring a certificate for operators of bulldozers and road patrols engaged in the removal of snow. (Ord. No. 36424, § 1, 10-21-03; Ord. No. 42174, § 4, 9-15-20(Ord. No. 36424, § 1, 10-21-03; Ord. No. 42174, § 4, 9-15-20; Ord. No. 43642, § 1, 12-19-23)

Omaha Municipal Code § 40-376 Classification.

Sec. 40-376. - Classification. The board of examiners, created pursuant to sections 40-165 et seq. of this Code, shall administer examinations for hoisting and portable engineer's certificates in three grades as follows: (a) (1) A first grade certificate shall entitle the legitimate holder thereof to take charge of and operate any machine or appliance used for the mechanical handling of materials of construction, the handling and driving of piles, or the excavation, handling, transfer, grading, leveling, sloping or compacting of earth or other materials, all or any of which when used upon or about any building or other structure, or any public or private works, or upon or about any such site, during construction, alteration, repair or demolition of anything thereon or any part thereof or anything pertinent thereto. (2) Cranes 17½ tons and over, shall be operated only by the following personnel: (i) Persons who have met the examination at a first grade hoisting and portable engineers certificate, or persons that have a current certificate from the National Commission for the Certification of Crane Operators (CCO). (ii) Effective January 1, 2006 a first grade hoisting and portable engineers certificate will only be issued to holders of a current certificate issued by the National Commission for the Certification of Crane Operators (CCO) with the proper endorsements or persons currently holding a first grade hoisting and portable certificate issued by the permits and inspections division. (b) A second grade certificate shall entitle the legitimate holder thereof to take charge of and operate any machine or appliance for the purposes described in subsection (a)(1) of this section above, and also the following equipment: telescoping cranes under 17½ tons, excavators over three-fourths yards, concrete pump trucks, telescoping forklifts, and all forklifts over 10,000 lbs. (Ord. No. 36424, § 1, 10-21-03; Ord. No. 42174, § 4, 9-15-20; Ord. No. 43642, § 1, 12-19-23)

Omaha Municipal Code § 40-377 Qualifications.

Sec. 40-377. - Qualifications. An applicant for a certificate required by the provisions of this article shall meet the following qualifications: (a) Be at least 18 years of age. (b) Be in good health, of sound mind, and good character. (c) Have the following appropriate experience: (1) First grade certificate: at least four year's actual experience. (2) Second grade certificate: at least two year's actual experience in the operation of equipment. (d) The applicant's physical qualifications and operating skill shall be vouched for by a person currently holding a first, or second grade certificate issued by the permits and inspections division. (Ord. No. 36424, § 1, 10-21-03; Ord. No. 42174, § 4, 9-15-20; Ord. No. 43642, § 1, 12-19-23)

Omaha Municipal Code § 40-378 Application.

Sec. 40-378. - Application. Any person desiring a certificate required by the provisions of this division shall make written application therefor to the permits and inspections division. (Ord. No. 36424, § 1, 10-21-03; Ord. No. 42174, § 4, 9-15-20; Ord. No. 43642, § 1, 12-19-23)

Omaha Municipal Code § 40-379 Issuance; notice of failure of examination.

Sec. 40-379. - Issuance; notice of failure of examination. (a) Within ten days after the date of examination, the board shall certify the applicant to the permits and inspections division, without additional charge, and the permits and inspections division shall issue a certificate of the grade applied for to the applicant who has passed a satisfactory examination, or shall notify an unsuccessful applicant of his failure to pass such examination. (b) All certificates shall be signed by the secretary of the board and countersigned by the superintendent of the permits and inspections division. (Ord. No. 36424, § 1, 10-21-03; Ord. No. 42174, § 4, 9-15-20; Ord. No. 43642, § 1, 12-19-23)

Omaha Municipal Code § 40-380 Duration.

Sec. 40-380. - Duration. Every certificate issued under the provisions of this division shall be valid for up to two years, expiring on December 31st of odd years. (Ord. No. 36424, § 1, 10-21-03; Ord. No. 42174, § 4, 9-15-20; Ord. No. 43642, § 1, 12-19-23)

Omaha Municipal Code § 40-381 Renewal—Generally; fee.

Sec. 40-381. - Renewal—Generally; fee. (a) Any certificate issued under the provisions of this division may be renewed upon the payment of the renewal fee of, $80.00 except during the period any such certificate may be suspended or revoked. (b) If such renewal fee has not been paid within 60 days after the expiration date of such certificate, it shall become void. Thereafter, the legitimate holder of such certificate will be required to pay a renewal fee of double the amount set forth in paragraph (a) hereof. (Ord. No. 36424, § 1, 10-21-03; Ord. No. 42174, § 4, 9-15-20; Ord. No. 43642, § 1, 12-19-23)

Omaha Municipal Code § 40-382 Same—Reexamination.

Sec. 40-382. - Same—Reexamination. If a certificate issued under the provisions of this division has not been renewed within one year from date of its expiration, it shall not be renewable; and the holder thereof will be required to file a new application in the same manner as set forth in this division governing original applications for certificates, and pass the examination set forth by this division for applicants seeking an original certificate, before being entitled to a new certificate. (Ord. No. 36424, § 1, 10-21-03; Ord. No. 42174, § 4, 9-15-20; Ord. No. 43642, § 1, 12-19-23)

Omaha Municipal Code § 40-383 Same—Proof of competency.

Sec. 40-383. - Same—Proof of competency. Before issuing renewal of a hoisting and portable engineer's certificate, the board may require further proof of the applicant's competency if, in the interest of public safety, it deems such additional proof necessary. Failure of the applicant to produce such satisfactory proof or to satisfactorily pass the prescribed examination within 30 days shall be cause for refusal by the board to renew such certificate. (Ord. No. 36424, § 1, 10-21-03; Ord. No. 42174, § 4, 9-15-20; Ord. No. 43642, § 1, 12-19-23)

Omaha Municipal Code § 40-384 Revocation or suspension.

Sec. 40-384. - Revocation or suspension. (a) Any certificate issued under the provisions of this division may be revoked or suspended by the board for: (1) The operation by a certificate holder of any of the machines or mechanisms covered by this article in so careless or reckless a manner as to endanger life, limb or property; (2) The loan of his certificate to another person to enable that person to secure work in the name of the certificate holder; or (3) The violation of any applicable provisions of this Code, state law or city ordinance, rule or regulation. (b) It shall be unlawful for the holder of any suspended or revoked certificate to do or perform any of the things the doing or performing of which requires a certificate during the period of time his certificate is suspended or revoked. (c) The suspension/revocation of a certificate license holder shall not entitle the holder to a refund of any part of the fee, which he may have paid. (Ord. No. 36424, § 1, 10-21-03; Ord. No. 42174, § 4, 9-15-20; Ord. No. 43642, § 1, 12-19-23)

Source: City of Omaha, Municipal Code and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/ne/omaha/codes/code_of_ordinances?nodeId=OMMUCOCHGEORVOII_CH40MECO_ARTVHOPOEN_DIV2CEFetched: 10/28/2026