Code of Massachusetts Regulations
526 CMR - RECREATIONAL TRAMWAY BOARD
Title 526 CMR 10.00 - Recreational Tramways
Section 10.05 - Inspections

(a) All Tramways shall be inspected by a Certified Inspector prior to being allowed to open to the public.

(b) Prior to the inspection, the Ski Area Operator shall ensure that the Tramway is ready for the inspection by having all required maintenance and inspections performed.

(c) Operators shall be available to operate the Tramway during the inspection.

(d) The Operator shall provide to the Certified Inspector the certified inspection report from the previous year.

(a) Conduct a physical/visual inspection of the Tramway.

(b) Review maintenance and operational Records concerning the Tramway to ensure:

(c) Review Employee Training Documentation for the current year.

(d) Review any specialist's reports required.

(e) Conduct operational tests of all Tramways.

(f) Review the evacuation plans for all Tramways.

(g) Review the certified inspection report from the previous year.

(a) Identify all Major Modifications performed on the Tramway for the past year;

(b) Confirm the review of the following Records:

(c) Identify items found to be out of compliance with 526 CMR 10.00, and what action, if any, was performed to bring the Tramway into compliance;

(d) Document any other issues of concern.

(e) Include the signature of the Certified Inspector; and

(f) State the Certified Inspector's name and certification number, printed legibly.

Upon completion of the inspection, the Certified Inspector shall submit an inspection report to both the Ski Area Operator and the Board. Those issues affecting the safety and integrity of the Tramway identified by the Certified Inspector shall be immediately addressed by the Ski Area Operator.

(a) Corrective Actions. If the Certified Inspector's report identifies items found to be out of compliance with 526 CMR 10.00, then prior to the issuance of a License by the Board, the Ski Area Operator shall take all necessary actions to correct those items and bring the Tramway into full compliance with 526 CMR 10.00 prior to commencing operations. The Ski Area Operator must have all necessary Repairs and maintenance completed as recommended in the Certified Inspectors report and in accordance with the Manufacturer's Manual and 526 CMR 10.00 prior to commencing operation of the Tramway. The Ski Area Operator shall have all Repairs and maintenance recorded in the Maintenance Repair Log in accordance with 526 CMR 10.00.

(b) Prior to Operation (PTO) Affidavit. Prior to the issuance of a License, the Ski Area Operator must submit verification that the Tramway is in full compliance with 526 CMR 10.00 by filing a PTO Affidavit with the Board. The PTO Affidavit shall:

(a) Each day, prior to opening the Tramway to the public, the Tramway Operator shall perform a preoperational Inspection, which shall include physical inspection of the Tramway and all daily inspection requirements and operating tasks set forth in the Manufacturer's Manual and 526 CMR 10.00. In accordance with 526 CMR 10.00, the Ski Area Owner shall correct any items of non-compliance documented during a preoperational inspection. The Operator shall not open the Tramway to the public until the Tramway is in full compliance with 526 CMR 10.00 and safe for operation.

(b) Daily preoperational inspections shall be documented by the Operator in the Daily Preoperational Inspection Log which shall be kept on location with the Tramway.

(c) All Tramway stoppages over 30 minutes occurring during daily operations shall be duly noted in the Daily Preoperational Inspection Log. This log shall contain the reason for the stoppage, duration of time the Tramway is shut down and any known mechanical, structural or other problem.

(a) All Tramways may be inspected by a State Inspector at any time deemed necessary by the Department to ensure that they are in compliance with 526 CMR 10.00.

(b) The State Inspector shall document any issues of concern and immediately notify the Ski Area Operator, or his or her representative, of such concerns. The Ski Area Operator shall immediately address issues directly affecting the safety and integrity of the Tramway, and correct all items of Non-compliance.

(c) Whenever the Department or its designee deems a condition in Tramway construction, operation or maintenance to be a threat to public safety, the Department may order the Ski Area Operator to immediately suspend operation of the Tramway until such time as the condition has been remedied. The Department reserves the right to exercise the provisions of 526 CMR 10.05(6)(c), notwithstanding any other provisions to the contrary.

(d) The Board shall convene as soon as possible following an immediate shutdown by the Department.

(e) Unless otherwise authorized by the Board, the Tramway shall remain closed until all necessary repairs have been completed and the Tramway is in full compliance with 526 CMR 10.00.

(f) Operation of the Tramway shall not be resumed until the Tramway has been re-inspected by the Department, which shall report its findings to the Board, and found to be safe and has been approved for operation by the Board.