526 CMR, § 10.01

Current through Register 1533, October 25, 2024
Section 10.01 - General Provisions
(1)Scope.
(a)526 CMR 10.00 is promulgated by the Commonwealth of Massachusetts Recreational Tramway Board pursuant to authority granted by M.G.L. c. 143, § 71J.
(b) The purpose of 526 CMR 10.00 is to provide standards for the construction, modification, inspection, operation, maintenance and use of Tramways; for the certification of inspectors thereof, and for the adoption and maintenance of a system of signs to be used by Operators, in order to ensure public safety.
(c)526 CMR 10.00 shall apply to tramways as defined by 526 CMR 10.02.
(d) All tramways in the Commonwealth are subject to 526 CMR 10.00.
(2)Definitions. The following words and terms, when used in 526 CMR 10.00, shall have the following meanings unless the context clearly indicates otherwise or the term is redefined for a specific section or purpose.

ANSI. American National Standard Institute Safety Requirements for Passenger Ropeways, Aerial Tramways, Aerial Lifts, Surface Lifts, Tows and Conveyors, published most recently as ANSI B77.1-2011.

ASNT. American Society of Non-destructive Testing.

Attendant. A person who is 16 years of age or older who works under the direction of the Operator and is responsible for loading riders onto tramways and unloading riders from tramways.

Board. The Recreational Tramway Board.

Certified Inspector. A person who has been approved and certified by the Board on an annual basis to inspect tramways pursuant to M.G.L. c. 143, § 71J and 526 CMR 10.00.

Daily Preoperational Inspection Log. A log which is completed by the Operator each day prior to the opening of the Tramway to the public and signed by the Maintenance Mechanic prior to the close of each day of operation. The Log details all daily inspection requirements set forth in ANSI and in the Manufacturer's Manual and all stoppages over 30 minutes during regular operation.

Department. The Department of Public Safety.

Dynamic Testing Log. A log completed by a Maintenance Mechanic, which details all dynamic testing performed on Tramways.

Employee Training Documentation. Documentation maintained by the Ski Area Operator that details specific training received by Tramway Operators.

License. A certificate issued by the Board pursuant to M.G.L. c. 143, §71K to a Ski Area Operator after the Ski Area Operator's License Application has been submitted to and approved by the Board.

License Application. A standard form of application, issued by the Board, for a License to operate a Ski Area.

Load Zone. The area from the "wait here" sign, to a point where the vertical clearance of the lift line is greater than eight feet, measured from the bottom of the chair seat of an open carrier to the terrain or snow surface.

Maintenance Mechanic. A person who is trained in the maintenance, Repair, and upkeep of tramways and its components.

Maintenance Repair Log. A log completed by a Maintenance Mechanic, which details all work performed on the Tramway including reports of components replaced or repaired.

Major Modification. An alteration of the current design of the Tramway resulting in a change in:

(a) The design speed of the system;
(b) The rated capacity by changing the number of carriers, spacing of carriers, or load capacity of carriers;
(c) The path of the rope;
(d) The type of brakes and/or backstop devices or components thereof;
(e) The structural arrangements;
(f) Power or type of prime mover or auxiliary engine; or
(g) Control system logic.

Manufacturer. A person who has responsibility for the manufacture of any Tramway to be installed or sold for use in the Commonwealth.

Manufacturer's Bulletins. Documents provided by the Manufacturer to Ski Area Operators regarding alerts and maintenance modifications after a Tramway has been manufactured.

Manufacturer's Manual. A document provided by the Manufacturer that details the operational requirements, maintenance requirements and procedures of the Tramway.

Manufacturer's Specifications. Specifications set forth in the Manufacturer's Manual.

Mechanical Malfunction. Any breakdown that constitutes a failure of a load bearing element, mechanical or electrical failure of a drive or control system component or failure of a restraint system which compromises Tramway safety.

Minor Injury/Illness. Injuries and illnesses which may or may not require emergency first aid or significant treatment, or both, but cannot be otherwise classified as a Serious Injury or illness. This category shall include incidents where treatment is limited to such things as the dispensing of over-the-counter medication or plastic adhesive strips, cleansing, rest, and other similar duties or assistance.

Minor Modification. Any change that is not a Major Modification and does not alter the structural or operational characteristics of the Tramway or change its performance from that specified in the Manufacturer's design criteria.

Non-destructive Testing (NDT) Report. A report detailing testing of critical mechanical and structural components of a Tramway, including grips, hangers, chairs and cabins, against accepted criteria established by the designer or Manufacturer; or if the designer or Manufacturer is no longer in business and the original criteria are no longer applicable, by a Registered Professional Engineer.

Operating Manual. The document that contains the required procedures and forms for the safe operation of a Tramway.

Operator. A person who is 18 years of age or older who is responsible for the operation of a Tramway.

Prior to Operation (PTO) Affidavit. An Affidavit executed by a Ski Area Operator, on a form provided by the Board, certifying that all items of non-compliance documented in the Certified Inspector's report have been corrected and that the Tramway is in full compliance with 526 CMR 10.00.

Records. Documents that a Ski Area Operator shall be in possession of, and must make available to Certified Inspectors and State Inspectors upon request. Such documents shall include:

(a) Manufacturer's Manual;
(b) Manufacturer's Bulletins;
(c) Daily Preoperational Inspection Log;
(d) Maintenance Repair Log;
(e) Dynamic Testing Schedule;
(f) Non-destructive Testing Reports;
(g) Wire Rope Inspection Reports;
(h) Evacuation Plans and Log;
(i) Tramway Incident Reports; and
(j) Employee Training Documentation.

Registered Professional Engineer. A person who is registered in Massachusetts as a professional engineer.

Repair. The restoration of a Tramway component with like components or materials that meet or exceed current design specifications for the Tramway.

Reportable Tramway Incidents.

(a) Any incident involving a Tramway in which a person sustains an Injury.
(b) Any unintentional deropement of a Tramway (except for tows and conveyors).
(c) Any unplanned evacuation of a Tramway (except for surface lifts, tows and conveyors) other than by prime mover or auxiliary power unit.
(d) Any fire involving Tramway equipment or structures.
(e) Failure of any electrical or mechanical component which results in the loss of control of the Tramway, including:
1. Tramway will not slow down or stop when given the command to do so;
2. Tramway accelerates faster than normal design acceleration;
3. Tramway reverses direction unintentionally, self starts or self accelerates without the command to do so.

Rider. A person riding on or utilizing a Tramway.

RTB (Recreational Tramway Board) Number. The unique identifying number assigned to each Tramway by the Board.

Safety Equipment. Includes fire extinguishers, emergency main electrical disconnect, lock-out point and nearest telephone for routine or emergency assistance.

Serious Injury. A personal injury that results in dismemberment, significant disfigurement, a life threatening injury, or death.

Ski Area. All of the slopes and trails under the control of a Ski Area Operator, including crosscountry Ski Areas, slopes and trails, and any Tramway in operation on any such slopes or trails administered or operated as a single enterprise but shall not include base lodges, motor vehicle parking lots and other portions of ski areas used by skiers when not actually engaged in the sport of skiing.

Ski Area Operator. A person who is licensed pursuant to M.G.L. c. 143, § 71K to own, operate or manage a Ski Area.

Ski Slope or Trail. An area designed by the person or organization having operational responsibility for the Ski Area as herein defined, including a cross-country Ski Area, for use by the public in furtherance of the sport of skiing, meaning such designation as is set forth on a trail map or as otherwise designated by a sign indicating to the skiing public the intent that the area be used by skiers for purpose of participating in the sport.

State Inspector. An inspector who is an employee of the Department.

Tramway. A device used to transport riders uphill on skis, or in cars on tracks, or suspended in the air, by the use of steel cables, chains or belts or by ropes, and usually supported by trestles or towers with one or more spans. The term Tramway shall include the following:

(a) Multi-car aerial Tramway, a device used to transport riders in several open or enclosed cars attached to, and suspended from, a moving wire rope, or attached to a moving wire rope and supported on a standing wire rope, or similar devices.
(b) Chair lift, a type of transportation on which riders are carried on chairs suspended in the air and attached to a moving cable, chain or link belt supported by trestles or towers with one or more spans, or similar devices.
(c) J bar, T bar or platter pull, so-called, and similar types of devices, means of transportation which pull riders on skis by means of an attachment to a main overhead cable supported by trestles or towers with one or more spans.
(d) Rope tow, a type of transportation which pulls riders on skis as the riders grasp the rope manually, or similar devices.
(e) Moveable conveyor belt, a device which transports riders, usually on skis, as the riders stand on top of it.

Tramway Incident Report. A document which details all Reportable Tramway Incidents.

Unload Zone. The area approaching the unload area where the vertical clearance is less than eight feet, measured from the bottom of an open carrier to the terrain or snow surface.

(3)Standard Adopted. ANSI B77.1-2011 is the standard adopted and incorporated by reference as part of 526 CMR subject to the revisions and additions contained in 524 CMR 10.15. In the event that any provision of this standard conflicts with the provisions of 526 CMR, 526 CMR shall govern. This standard is on file with the Secretary of State.

526 CMR, § 10.01