Current through Register Vol. 47, No. 5, March 10, 2024
22.1
Duty of
the Area Operator. It is the primary responsibility of the area operator
to perform such inspections on passenger Tramways that are necessary to protect
the safety of the public.
22.2
Duty of the Board. The Board may cause to be made such inspections
of passenger Tramways as it may reasonably require and may require the area
operators to keep such records, make such tests, and produce such evidence as
may be necessary in order to make the following determinations:
(a) Compliance with these rules and
regulations and Title 12, Article 150, Part 1;
(b) Compliance with any terms, conditions and
requirements of licensure;
(c)
Compliance with any requirements of a granted exception (variance);
(d) Inspection disclosed no unreasonable
safety hazard.
22.3
Required Inspections
22.3.1
Annual Licensing Inspection. The annual licensing inspection shall
be made prior to approval of any application for licensure.
22.3.2
Annual Unannounced
Inspection.
(1) In addition to the
annual licensing inspection, an unannounced inspection of every passenger
Tramway shall be made at least once a year during the high-use season. No
passenger Tramway shall be shut down for an unannounced inspection during
normal operating hours, unless sufficient daylight is not available for the
inspection. Up to five Tramway stops, not to exceed three minutes in the
aggregate, may be ordered by an inspector during normal operating hours. If
additional stop time is required, it shall be done before or after normal
operating hours.
Notwithstanding the provisions of this subsection, the Board
reserves the authority to order a shutdown of a passenger Tramway for any
reason set forth in these rules and regulations or in the Act.
(2) The inspector conducting the
annual unannounced inspection shall take particular note of any deficiencies
noted in the annual licensing inspection report. The inspector shall note any
uncorrected deficiencies in the inspection report. Any uncorrected deficiencies
noted in the prior inspection may be grounds for revocation or suspension of
license.
22.3.3
Acceptance Test Inspection. All new Tramways, Tramways on which
major Tramway modifications have been performed, and Tramways which have not
been operated for routine maintenance within the previous two years shall have
an acceptance test inspection in accordance with 21.2.10 and 21.3.10.
22.3.3.1
Acceptance test inspection
during operating season. Tramways that require relocation or a major
modification during the Tramway's operational season shall have an acceptance
test inspection in accordance with 21.2.10 and 21.3.10.
22.3.4
Special inspections. In
addition to the annual licensing and unannounced inspection of each passenger
tramway, the Board may order such special inspections as it may require.
If events are warranted, this determination can be made for
the Board by the Board Chair and the Supervisory Tramway Engineer. In the event
that the Board Chair does not have technical experience with tramways, another
Board member with such experience may assist the Chair in the evaluation. If
the Board or its designees determine that an unreasonable hazard requiring
emergency shutdown exists, procedures set forth in section
12-150-116, C.R.S. shall be
followed.
Depending on the circumstances, the Board may reasonably
require special procedures and conditions to be followed, including but not
limited to, the following:
(a) That
such special inspections be unannounced;
(b) That the inspection be conducted by a
person other than a regular inspector employed by the Board when special
expertise is required;
(c) That, in
appropriate cases, the area operator conduct the inspection;
(d) That the inspection be completed in a
time frame as specified by the Board;
(e) That the results of the inspection shall
be communicated to the Board office within the time period set forth in the
inspection order;
(f) That the
ropeway be shut down during the inspection and that the inspection be completed
before the public is allowed to ride, or continue to ride, the ropeway.
Inspection orders shall be in writing. Service of inspection
orders shall be made by delivering it to the area operator or the area
operator's agent by handing it to such person, leaving it at the person's
office with a clerk or other person in charge, or mailing it to the person's
last known address. Service by mail is complete on mailing.
22.3.5
Additional required
inspection. In addition to the annual licensing and unannounced
inspections for each passenger Tramway, there may be additional required
inspections. These inspections include:
a)
Single Season/Less than 2000 hours per year Operation
For a passenger tramway that operate for a single season
(winter or summer), or for less than 2000 hours per calendar year if operating
on a year-round schedule (three seasons or more), the tramway shall incur two
inspections: one mechanical licensing inspection prior to licensure and one
unannounced operational inspection during the operating season.
b)
Two Season Operations
(Winter-Summer)
For a passenger tramway operating for both a winter AND
summer season, the tramway shall incur a minimum of three inspections:
one mechanical licensing inspection prior to licensure, one unannounced
operational inspection during the winter operating season and one unannounced
operational inspection during the summer operating season.
c)
Tramways Operating MORE than 3000
hours per year
For a passenger tramway that operates for more than 3000
hours per calendar year (regardless of seasonal or year-round
operation), the tramway shall incur three (3) inspections:
a) One mechanical licensing
inspection
b) Two unannounced
operational inspections during the operating season (i.e.
winter/summer)
d)
Tramways
Operating MORE than 4000 hours per year
For a passenger tramway that operates for more than 4000
hours per calendar year, the tramway shall incur four (4) inspections:
a) One mechanical licensing inspection prior
to licensure
b) One mechanical
licensing inspection mid-year
c)
Two unannounced operational inspections during the operating season typically
between the mechanical inspections.
Note: 22.3.4(a), (b), (c) and (d) do not exclude other
possible required inspections, such as 22.3.4 Special Inspections or Major or
Minor Modification Inspections,
22.4
Inspection Procedures for Annual
Licensing and Unannounced Inspections
22.4.1
Inspection of Equipment.
The inspector employed by the Board shall conduct a visual and audible
inspection. The inspection shall determine whether any item of equipment does
not appear to be in proper working order.
The inspector is not required to conduct specialized testing
or inspection of devices which can only be accomplished by persons with special
expertise, but the inspector shall recommend to the Board that further,
specialized inspections be conducted if either visual and audible inspection,
review of the relevant records and documents, or presentation of any other
evidence reasonably indicates that such a inspection is warranted.
22.4.2
Inspection of Records
and Other Documents(1) The inspector,
employed by the Board, shall reasonably review the required logs, manuals, test
reports of required self inspections, and manufacturer's recommended operation
and maintenance manuals.
(2) If the
logs and records required by these rules and regulations or by order of the
Board are not properly kept, the inspector shall so advise the Board in
writing. If any of the documents to be inspected exist, but are not present for
the inspection, the inspector shall not certify the passenger Tramway being
inspected to the Board for licensure until he has had an opportunity to review
such documents.
22.4.3
Other Areas of Inspection. The Board shall determine whether the
area operator has established a reasonable training program for its operation
and maintenance personnel and whether practices reasonably necessary for safe
operations are being followed.
22.4.4
Inspection report. Upon
completion of the inspection, the inspector shall provide the area operator of
the passenger tramway(s) being inspected, or his agent, with a copy of the
preliminary report of observations made during the inspection. As soon as
possible, but no later than fifteen days after the completion of the
inspection, the inspector shall transmit to the Board a final report. This
report shall include a statement as to whether it reasonably appears to the
inspector that the passenger tramway(s) inspected comply with the statutes,
these rules and regulations, and any other applicable orders of the Board, and
that the inspection of such passenger tramway(s) disclosed no unreasonable
safety hazards.
For each passenger tramway inspected, the inspector shall
list the deficiencies not in compliance with these rules and regulations, and
observations requiring attention that may affect the safety, maintenance, and
operations of the tramway. The area operator of the passenger tramway(s)
inspected shall also receive a copy of the inspector's final report.
Deficiencies stated in the annual inspection report shall be
remedied as set forth in section 20.2.
Deficiencies stated in the annual unannounced inspection
report and in any additional required inspection report(s) shall be remedied. A
letter from the area's designated agent or appointed substitute designee
stating that all the deficiencies listed in the inspection report have been
corrected, must be received by the Board office within twenty-eight days from
the completion of the inspection. Such letter shall bear a recognizable
signature, printed name, and title and be submitted as an original or
transmitted by electronic means.
Deficiencies stated in an acceptance test report(s) as
required in 22.3.3.1 shall be remedied. A letter from the area's designated
agent or appointed substitute designee stating that all the deficiencies listed
in the inspection report have been corrected, must be received and acknowledged
by the Board office before the tramway can open for public operation. Such
letter shall bear a recognizable signature, printed name, and title and be
submitted as an original or transmitted by electronic means.
The inspection completion date shall be noted on both the
preliminary and final inspection report.
22.4.5
Report of Unreasonable
Hazard. If the inspector finds a condition in the passenger Tramway
construction, operation or maintenance, logs, records or other documents
(including the absence of these documents) exists which may endanger the safety
of the public, the inspector shall immediately notify the area operator, or his
agent, in writing, to this effect at the time of the inspection. The inspector
shall also issue an immediate report to the Board for appropriate investigation
and order. In the event that any of the documents required to be inspected or
the lack thereof indicates that a violation of the Board's rules and
regulations exists, or that a condition in passenger Tramway construction,
operation, and maintenance exists, either of which may endanger the safety of
the public, the inspector shall not certify the passenger Tramway being
inspected to the Board for licensure. Additionally, an immediate report shall
be made to the Board for appropriate investigation and order.
22.5
Qualified
Inspectors
22.5.1
General
Inspectors. All required inspections as listed in Rule 22.3 in these
rules and regulations shall be conducted by qualified engineers who shall have
demonstrated to the Board's satisfaction that they have a working knowledge of
the Board's current rules and regulations and inspection procedures.
22.5.2
Inspector conflict of
interest. No person, except a full-time employee of the Board, shall
observe an acceptance test or conduct an inspection of a passenger Tramway if:
(a) During the past two years the inspector
has been an employee of the owner or area operator of the Tramway;
or,
(b) The inspector was involved
at any level of the design, construction or modification of any Tramway at that
area in the past five years; or,
(c) The inspector provided any other services
to that area in the past five years.
Each year, prior to July 1st, each contract inspector shall
make known all potential conflicts of interest on appropriate forms provided by
the Board.
Inspectors shall disclose all known and potential conflicts
of interest, business association or other circumstances that could influence
their judgment or the quality of their inspections each year prior to July 1st
on appropriate forms provided by the Board. Should any conflicts arise during
the year, the inspector is obligated to report them to the Board staff
immediately.
This policy is not intended per se to prohibit employees or
members of an inspector's firm or company from doing work for an area operator,
provided that disclosures of potential conflict are made and that appropriate
measures are in place to ensure that the inspector is not involved in, or privy
to, information concerning the work.
