R2 SUPPLEMENT 1000-91-1 1011-1012 Zero Code

R2 SUPPLEMENT 1000-91-1 1011-1012 Zero Code

EFFECTIVE 8/1/91 Page 1 of 48

FOREST SERVICE MANUAL

DENVER, CO

TITLE 1000 - ORGANIZATION AND MANAGEMENT

Supplement No. 1000-91-1

Effective August 1, 1991

POSTING NOTICE. Supplements are numbered consecutively by Title and calendar year. Post by document name. Remove entire document and replace with this supplement. Retain this transmittal as the first page of this document. The last supplement to this Title was Supplement 1000-90-2 to FSM 1024.

Supplements Covered

R2 Supplement 17, 3/79

R2 Supplement 14, 1/75

R2 Supplement 19, 4/80

Document Name New Pages

1011-1012 Zero Code46

Digest:

1000 - Removes text from 1022 and places it correctly in 1012, State and Local Laws. Adds Colorado Senate Bill 90-8, "Concerning Limitations on Liability in connection with the Sport of Skiing," which was passed on May 1, 1990. It also deletes from Colorado Senate Bill No. 203, "Ski Safety and Liability," the third sentence in section 33-44-109(2). Colorado Senate Bill 90-8 authorized the deletion.

GARY E. CARGILL

Regional Forester

1012 - STATE AND LOCAL LAWS.

AN ACT

1977

SENATE BILL NO. 413. BY SENATORS Anderson, Comer, Cooper, L. Fowler, Hatcher, Kogovsek, McCormick, and Soash; also REPRESENTATIVES Hinman, Dick, Frank, Lloyd, Webb, and Younglund.

CONCERNING THE PASSENGER TRAMWAY SAFETY BOARD.

Be it enacted by the General Assembly of the State of Colorado:

SECTION 1. 24-34-104, Colorado Revised Statutes 1973, as amended, is amended by the addition of a new subsection to read:

24-34-104. General assembly review of regulatory agencies for termination, continuation, or reestablishment. (4.1) The following boards and agencies in the division or registrations shall terminate on July 1, 1983: Passenger tramway safety board, created by part 7 of article 5 of Title 25, C.R.S. 1973.

SECTION 2. 25-5-701, Colorado Revised Statutes 1973, as amended, is amended to read:

25-5-701. Legislative declaration. In order to assist in safeguarding life, health, property, and the welfare of this State, it is the policy of the State of Colorado to establish a board empowered to prevent unnecessary mechanical hazards in the operation of ski tows, lifts, and tramways and to assure that reasonable design and construction are used for, that accepted safety devices and sufficient personnel are provided for, and that periodic inspections and adjustments are made which are deemed essential to the safe operation of ski tows, ski lifts, and passenger tramways. The primary responsibility for design, construction, maintenance, and inspection rests with the operators of such passenger tramway devices. The State, through the passenger tramway safety board, shall register all ski lift devices, qualify design engineers and construction engineers, establish reasonable standards of

design and operational practices, and cause to be made such inspections

as may be necessary in carrying out this policy. Such inspections shall

include, AS A MINIMUM, two inspections annually of each ski tow, ski lift

and passenger tramway, one of which shall be during the high use season and shall be unannounced, and shall be carried out under contract with

persons selected by the board. Additional inspections may be required if the initial inspections are not completed to the satisfaction of the board. The board shall provide in its rules and regulations that no facility shall be shut down for the purposes of a regular inspection during normal operating hours, unless sufficient daylight is not available for the inspection.

SECTION 3. 25-5-703, Colorado Revised Statutes 1973, as amended, is amended to read:

25-5-703. Passenger tramway safety board. There is hereby created a passenger tramway safety board of SIX appointive members and one member designated by the United States Forest Service. The appointive members shall be appointed by the governor from persons representing the following interests: Two members to represent the industry; two members to represent the public at large; and two members familiar with or experienced in the tramway industry who may represent the passenger tramway manufacturing or design industry. No person shall be so appointed or designated except those, who by reason of knowledge or experience, shall be deemed to be qualified. Such knowledge or experience shall be either from active involvement in the design, manufacture, or operation of passenger tramways or as a result of extensive involvement in related activities. The governor, in making such appointments, shall consider recommendations made to him by the membership of the particular interest from which the appointments are to be made.

SECTION 4. 25-5-704, Colorado Revised Statutes 1973, is amended to read:

25-5-704. Term of office and compensation of board members. Each of the appointed members shall be appointed for a term of four years and until his successor is appointed and qualified; except that the additional member appointed to take office on July 1, 1977, shall be appointed for a one-year term and until his successor is appointed and qualified. Board members shall be appointed for a four-year term of service, and no board member shall serve more than two consecutive four-year terms. A board member may be reappointed to the board after having vacated the board for one four-year term. Vacancies on the board, for either an unexpired term or for a new term, shall be filled through prompt appointment by the governor. The appointive members of the board shall receive thirty-five dollars for each day spent in the discharge of their official duties and shall be reimbursed for their expenses necessarily incurred in the discharge of their official duties. The member of the board designated by the United States Forest Service shall serve for such period as such federal agency shall determine and shall serve without compensation or reimbursement of expenses.

SECTION 5. Part 7 of article 5 of title 25, Colorado Revised Statutes 1973, as amended, is amended by the addition of a new section to read:

25-5-705.5. Application for new construction or major modification.

Any new construction of a passenger tramway or any major modification to an existing installation shall not be initiated unless an application for such construction or modification has been made to the board and a permit therefore has been issued by the board.

SECTION 6. 25-5-708 (1), Colorado Revised Statutes 1973, as amended, is amended to read:

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25-5-708. Registration and certification fees. (1) The application for new construction or major modification, and the application for registration or supplemental application, shall be accompanied by a fee which shall be set by the board, subject to the following maximum limits for the passenger tramways described in:

(a) Section 25-5-702 (4) (f) one hundred dollars each;

(b) Section 25-5-702 (4) (e) three hundred dollars each;

(c) Section 25-5-702 (4) (c) and (4) (d) five hundred dollars each;

(d) Section 25-5-702 (4) (a) and (4) (b) seven hundred fifty dollars each.

SECTION 7. 25-7-710, Colorado Revised Statutes 1973, as amended, is amended by the addition of the following new subsection to read:

25-7-710. Powers and duties of the board. (2) No member of the board who shall have any form of conflict of interest or the potential thereof shall participate in consideration of the deliberations on matters to which such conflict may relate; such conflicts may include, but are not limited to, a member of the board having acted in any consulting relationship or being directly or indirectly involved in the operation of the tramway in question.

SECTION 8. 25-7-710 (1), Colorado Revised Statutes 1973, as amended is amended by the addition of the following new paragraphs to read:

25-7-710. Powers and duties of the board. (1) (h) To establish standing or temporary technical and safety committees composed of persons with expertise in tramway-related fields to review, as the board deems necessary, the design, construction, maintenance, and operation of passenger tramways and to make recommendations to the board concerning their findings. Committees established pursuant to this paragraph (h) shall meet as deemed necessary by the board or the supervisory tramway engineer.

(i) To set reasonable fees for any application for new construction or major modification and for any application for registration or supplemental application, subject to the maximum limits prescribed by section 25-5-708 (1).

SECTION 9. 25-5-711, Colorado Revised Statutes 1973, is amended to read:

25-5-711. Inspections, costs, reports. The board may cause to be made such inspection of the design, construction, operation, and maintenance of passenger tramways as the board may reasonably require. The board may employ qualified personnel to make such inspections for reasonable fees plus expenses. The expenses incurred by the board in connection with the conduct of inspections provided for in this part 7 shall be paid in the first instance by the board, but each operator of

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the passenger tramway which was the subject of such inspection shall,

upon notification by the board of the amount due, reimburse the board for any charges made by such personnel for such services and for the actual expenses of each inspection. If, as the result of an inspection, it is found that a violation of the board's rules and regulations exists, or a condition in passenger tramway construction, operation, or maintenance exists, endangering the safety of the public, an immediate report shall be made to the board for appropriate investigation and order.

SECTION 10. 25-5-712, Colorado Revised Statutes 1973, is amended to read:

25-5-712. Emergency shutdown. When facts are presented tending to show that an unreasonable hazard exists in the continued operation of a passenger tramway, after such verification of said facts as is practical under the circumstances and consistent with the public safety, the board, any member thereof, or the supervisory tramway engineer may, by an emergency order, require the operator of said tramway forthwith to cease using the same for the transportation of passengers. Such emergency order shall be in writing and signed by a member of the board or the supervisory tramway engineer, and notice thereof may be served, as provided by the Colorado Rules of Civil Procedure, upon the operator or his agent immediately in control of said tramway. Such emergency shutdown shall be effective for a period not to exceed seventy-two hours from the time of service. The board shall conduct an investigation into the facts of the case and shall take such action under section 25-5-713 as may be appropriate.

SECTION 11. 25-5-713, Colorado Revised Statutes 1973, is amended to read:

25-5-713. Orders. If, after investigation, the board finds that a violation of any of its rules or regulations exists or that there is a condition in passenger tramway construction, operation, or maintenance endangering the safety of the public, it shall forthwith issue its written order setting forth its findings and the corrective action to be taken and fixing a reasonable time for compliance therewith. Such order shall be served upon the operator involved in accordance with the Colorado Rules of Civil Procedure and shall become final unless the operator applies to the board for hearing in the manner provided in section 24-4-105, C.R.S. 1973.

SECTION 12. Part 7 of article 5 of title 25, Colorado Revised Statutes 1973, as amended, is amended by the addition of a new section to read:

25-5-714.5. Civil penalties. Any person who violates an order issued pursuant to section 25-5-713 shall be subject to a civil penalty of not more than five thousand dollars for each day during which such violation occurs. Civil penalties under this section shall be determined and collected by a court of competent jurisdiction upon action instituted by the board.

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SECTION 13. 25-5-717, Colorado Revised Statutes 1973, is amended to read:

25-5-717. Violations. Any operator convicted of operating a passenger tramway which has not been registered by the board or after its registration has been suspended by the board or any operator who does not comply with an order of the board issued under section 25-5-713 is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than fifty dollars per day for each day of such illegal operations, or by imprisonment in the county jail for not less than ten days nor more than ninety days, or by both such fine and imprisonment.

SECTION 14. Repeal. 24-34-104 (2) (b) (VI), Colorado Revised Statutes 1973, as amended, is repealed.

SECTION 15. Effective date. This act shall take effect July 1, 1977.

SECTION 16. Safety clause. The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety.

APPROVED (Date)

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RULES AND REGULATIONS

COLORADO PASSENGER TRAMWAY SAFETY BOARD

Article 1

The foregoing Rules and Regulations are proposed pursuant to the authority granted to the Passenger Tramway Safety Board in Session Laws of Colorado 1965, 66-25-10.

Article II - Definition of Terms

A."Passenger Tramway" means any device used for recreational transportation of passengers such as aerial tramways, chair lifts, gondola lifts, funiculars, skimobiles, T-bar lifts, J-bar lifts, platter lifts, fiber rope tows and other similar devices.

B."Board" shall mean the Passenger Tramway Safety Board.

C."Qualified Tramway Design Engineer" and "Qualified Tramway Construction Engineer" shall mean an engineer who is registered and certified by the State Board or Registration for Professional Engineers in the State of Colorado to practice professional engineering in the State of Colorado and who has been duly qualified by the Board as specified in these Rules and Regulations.

D."Responsible charge" shall mean effective control and direction of engineering projects of the type discussed in these Rules and Regulations.

E."Modification" shall mean any substantial change in the original design of a passenger tramway.

F."Operator" is a person or any other legal entity who owns or controls the operation of a passenger tramway. The word "operator" shall include the State or any political subdivision.

Article III - Certification of Qualified Engineers

A.In order to promulgate the uniformity and reliability of the engineering inspections and certifications required by law and by these Rules and Regulations, all engineers desiring to render the engineering services required by said law and Rules and Regulations shall be certified by the Board. Said certification shall be obtained by any engineer prior to the undertaking of engineering services as set out in these Rules and Regulations.

B.Application for the certification of engineers shall be made on the forms furnished by the Board.

C.An engineer desiring to qualify as a Tramway Design Engineer or Tramway Construction Engineer shall:

1. Be registered and certified by the State Board of Registration for Professional Engineers to practice in the State of Colorado; and

2. Furnish evidence to the Board that he has been in responsible charge of design of not less than two passenger tramways that have operated satisfactorily; or

3. Furnish evidence to the Board that he has been in responsible charge of the construction of similar works;

4. Provided that in 2 and 3 above the Board may approve qualifications based on experience gained by an applicant through work under direct supervision of a professional engineer recognized by the Board as a qualified designer or constructor of tramways.

D.Evidence furnished in accordance with Regulation 111-C-2 above shall specify whether the passenger tramway upon which the experience of the engineer is based is a rope tow, J-bar, T-bar, platter pull, funicular, skimobile, chair lift, gondola, or cabin tramway.

E.Certification by the Board shall be limited to the experience of the applicant as disclosed by his application. Accordingly, the Board shall designate if the engineer is limited to work on:

1. Rope tows;

2. J-bars, T-bars, and platter pulls;

3. Funiculars, skimobiles, chair lifts, gondolas or cabin tramways;

or

4. Any combination of 1, 2 and 3 above.

F.The Board shall maintain a list of qualified engineers which shall state the qualifications of each engineer certified to date, which list shall be open to inspection by the public.

Article IV - Revocation or Suspension of the Certification

of a Passenger Tramway Design or Construction Engineer

A.The Board may revoke or suspend the certification of any Passenger Tramway Design or Construction Engineer who is found by the Board to have:

1. Practiced any fraud, misrepresentation, or deceit in applying for certification; or

2. Caused damage to another by gross negligence in the practice of passenger tramway designing or construction.

B.The Board shall fix the time and place for hearing. A copy of the charges, together with a notice of the time and place of the hearing shall be personally served on or mailed by registered mail to the last known address of the respondent at least twenty days before the date fixed for the hearing. At any hearing the respondent shall have the right to be represented by counsel, and to cross-examine witnesses appearing against him, and to produce evidence and witnesses in his own defense.

C.The findings of the Board, by a majority vote of the Board, shall be issued as a finding of fact, conclusion of law, and decision of the Board. Where the Board's findings are for suspension, the Board shall forthwith suspend for a definite period of time. Where the Board's findings are for revocation, the Board shall forthwith revoke. As the case may be, the Board shall require, and the respondent shall promptly surrender, all certificates, cards, and any other evidence of licensing or registration.

Article V - Registration and Inspection

A.Application for Registration. Immediately after July 1 of each year every operator of a passenger tramway shall apply to the Board for registration. The application shall contain such information as the Board may reasonably require.

B.Annual Passenger Tramway Inspection. Prior to November 1 of each year the passenger tramway inspector appointed by the Board (hereinafter referred to as inspector) shall submit a certificate stating that said inspector has since the previous July 1 inspected the particular tramway for which application for registration was made pursuant to C.R.S. 1963, 66-25-7. Such certificate shall state whether or not such tramway complies with the Rules and Regulations of this Board pertaining to standards of maintenance and operation. In the event of noncompliance, the certificate shall state in what manner the tramway does not comply.

C.Registration. The Board, if satisfied with the facts stated in the application, shall issue a registration certificate to the operator. Each registration shall expire on October 31 next following date of issue. No passenger tramway required to be registered shall operate without a registration certificate.