Code of Massachusetts Regulations
526 CMR - RECREATIONAL TRAMWAY BOARD
Title 526 CMR 10.00 - Recreational Tramways
Section 10.09 - Ski Area Operator Responsibility
Universal Citation: 526 MA Code of Regs 526.10
Current through Register 1518, March 29, 2024
(1) Operation and Maintenance.
(a) The Ski Area Operator shall not install, operate or allow to be operated any Tramway that does not have a valid License pursuant to 526 CMR 10.00.
(b) The Ski Area Operator shall maintain Tramways in conformance with the Manufacturer's Specifications and in accordance with 526 CMR 10.00.
(c) The Ski Area Operator shall complete regular Repair and maintenance work on Tramways as required by the Manufacturer's Manual, Manufacturer's Bulletins, and 526 CMR 10.00, and shall have all maintenance and Repair work including replacement of any parts or components of the Tramway documented by a Maintenance Mechanic in the Maintenance Repair Log.
(d) The Ski Area Operator shall ensure that the number of Operators and Attendants necessary to safely operate the Tramway, as specified in the Manufacturer's Manual and the Operating Manual are on site and in the correct location(s).
(2) Operator and Attendant Requirements and Training.
(a) Operators shall be at least 18 years of age.
(b) Attendants shall be at least 16 years of age.
(c) Operator and Attendant duties shall include:
1. maintaining orderly passenger traffic conditions within his or her area of jurisdiction;
2. advising and assisting riders as required;
3. loading riders on and unloading riders from Tramways while maintaining surveillance of his or her area of jurisdiction.
4. advising the supervisor of all conditions and occurrences that may adversely affect the safety of operation.
(d) In addition to the duties listed in 526 CMR 10.09(2)(c), Operators duties shall include
1. assuming responsible charge of a Tramway;
2. assigning and supervising all Attendants at the Tramway;
3. maintaining the Pre-Operational Log as required by 526 CMR.
(e)
Training. The Ski Area Operator shall ensure that all Operators and Attendants are trained to operate the Tramway and perform their duties based on the Manufacturer's Requirements, Operational Manual and Manufacturer Bulletins, safety alerts or other notices related to operational requirements. The Ski Area Operator shall ensure that:
1. All Operators and Attendants are trained in the operational and emergency procedures pertaining to the Operator or Attendant's assignment. This training shall include instruction for observation of any potentially dangerous operational or mechanical developments within the Operator or Attendant's view.
2. Operators and Attendants shall be properly trained before being assigned the duties of operating or attending to a Tramway. The Ski Area Operator shall maintain Employee Training Documentation signed by each Operator and Attendant to verify the completion of training.
3. Operators and Attendants shall have access to a copy of the Operating Manual and shall have the ability to read and understand it so as to safely operate and communicate safe riding policies to Riders.
4. Operators and Attendants shall be trained to be aware of the motions and sounds attributed to the normal operation of the Tramway. Operators and Attendants shall be familiar with how the Tramway looks when it is functioning normally, and be alert to any unusual conditions. If there are any changes in the normal operating condition, operation shall cease and the Ski Area Operator shall be notified immediately. The Ski Area Operator will decide the appropriate action to be taken.
5. Operators and Attendants shall know the whereabouts of all Safety Equipment.
6. An amended list of Operators and Attendants trained subsequent to the License Application shall be maintained by the Ski Area Operator.
(f)
Restrictions. No Operator or Attendant while under the influence of drugs and/or alcohol shall operate any Tramway, nor load or unload a Rider.
(3) Proximity to Overhead High Voltage Lines. The Ski Area Operator shall ensure that Tramways are located so that they do not come in close proximity to overhead high voltage lines, which could result in electrocution or Tramway damage.
(4) Protection Against Moving Parts or Other Hazards and Clearance Envelopes.
(a) The Ski Area Operator shall be aware of any construction equipment or vehicles operating in the immediate vicinity. The Ski Area Operator shall remove any equipment encroaching on the normal range of motion of the Tramway to a safe distance.
(b) The Ski Area Operator shall not allow a Tramway to be used or operated while any person is so located as to be endangered by it. The Ski Area Operator shall fence, barricade, or otherwise guard the Tramway against public intrusion in areas where persons may be endangered.
(c) Where a public access, queuing, loading or unloading area is under the Tramway, the Ski Area Operator shall provide overhead protection from objects that might reasonably be expected to fall from a ride (for example, items carried or worn by Riders) unless otherwise allowed by the Board.
(d) The Ski Area Operator shall enclose, barricade, or otherwise effectively guard machinery used in or with a Tramway against contact. The Ski Area Operator shall replace guards removed for maintenance purposes before normal operation is resumed.
(e) The Ski Area Operator shall ensure that each Tramway is rendered inoperable when not attended or in use.
(f) The Ski Area Operator shall maintain clearance envelopes per Manufacturer's Specifications at all times during the operation of a Tramway.
(g) The Ski Area Operator shall secure decorations including but not limited to flags, or lighting fixtures in a fashion where they will not create a hazard to Riders or members of the public in the event of high winds or normal vibration caused by moving equipment and shall place such decorations far enough from the Tramway so as not to encroach on the clearance envelope.
(5) Wind and Storm Hazards.
(a) The Ski Area Operator shall ensure that Tramway Operators are aware of dangerous weather conditions including, but not limited to, wind, rain, lightning and any approaching storm.
(b) The Ski Area Operator shall not allow a Tramway which is exposed to wind or storm to be operated under dangerous weather conditions except to unload Riders.
(c) The Ski Area Operator shall follow Manufacturer wind and weather related restrictions during periods of wind or storm. The restrictions shall be addressed in the Operator's Manual, which shall be on site at all times.
(6) Lighting.
(a) The Ski Area Operator shall ensure that when Tramways, including access and egress, are in operation or occupied, shall have illumination by natural or artificial means sufficient to guard against injuries to the Riders.
(b) The Ski Area Operator shall provide proper guarding to all florescent lighting to prevent shattering of glass on Riders.
(7) Chair Safety. (All Aerial Lifts). Each chair shall be equipped with a railing at each side, to a height of not less than four inches (10cm) above the seat for a distance of not less than 12 inches (30cm) from the back of the seat, and shall be equipped with a restraining device which will not open under forward pressure.
(8) Transfer of Ownership. Upon the transfer of ownership of any Tramway, the Owner of the Tramway being transferred shall notify the Board in writing of the transfer, and shall transfer all Records pertaining to that Tramway to the new owner. The new owner shall obtain a new License prior to operating the Tramway.
Disclaimer: These regulations may not be the most recent version. Massachusetts may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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