3 Colo. Code Regs. § 718-1-22

Current through Register Vol. 47, No. 20, October 25, 2024

Section 3 CCR 718-1-22 - Inspections

22.1Duty 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.

22.2Duty 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.

22.3Required Inspections

22.3.1Annual Licensing Inspection. The annual licensing inspection shall be made prior to approval of any application for licensure.

22.3.2Annual 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.

22.3.3Acceptance 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.

22.3.3.1Acceptance 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.

22.3.4Special 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.

22.3.5Additional 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,

22.4Inspection Procedures for Annual Licensing and Unannounced Inspections

22.4.1Inspection 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.

22.4.2Inspection 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.

22.4.3Other 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.

22.4.4Inspection 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.

22.4.5Report 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.

22.5Qualified Inspectors

22.5.1General 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.

22.5.2Inspector 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.

3 CCR 718-1-22

37 CR 11, June 10, 2014, effective 7/1/2014

37 CR 18, September 25, 2014, effective 11/1/2014

38 CR 06, March 25, 2015, effective 5/1/2015

38 CR 18, September 25, 2015, effective 11/1/2015

40 CR 06, March 25, 2017, effective 5/15/2017

40 CR 11, June 10, 2017, effective 7/1/2017

42 CR 05, March 10, 2019, effective 4/15/2019

46 CR 12, June 25, 2023, effective 7/15/2023