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 passenger tramways and to assure that reasonable design and construction are used for, that accepted safety devices […]
Articles 1 and 20 of this title 12 apply, according to their terms, to this article 150. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 977, § 1, effective October 1.
As used in this article 150, unless the context otherwise requires: “Area operator” means a person who owns, manages, or directs the operation and maintenance of a passenger tramway. “Area operator” may apply to the state or any political subdivision or instrumentality thereof. “Board” means the passenger tramway safety board created by section 12-150-104. “Industry” […]
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 or area operators; two members to represent the public at large; […]
The board has the following powers and duties in addition to those otherwise described by this article 150: To promulgate rules pursuant to section 12-20-204. The board may use as general guidelines the standards contained in the “American National Standard for Passenger Ropeways – Aerial Tramways and Aerial Lifts, Surface Lifts, Tows, and Conveyors – […]
The primary responsibility for design, construction, maintenance, operation, and inspection rests with the area operators of passenger tramway devices. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 981, § 1, effective October 1. Editor’s note: This section is similar to former § 25-5-705 as it existed prior to 2019.
Disciplinary action of the board pursuant to this section shall be taken in accordance with the “State Administrative Procedure Act”, article 4 of title 24, and section 12-20-403. The board may impose disciplinary action as an alternative to or in conjunction with the issuance of orders or the pursuit of other remedies provided by section […]
If, after investigation, the board finds that a violation of any of its rules exists or that there is a condition in passenger tramway design, 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 […]
The board may investigate all matters that present grounds for disciplinary action as specified in this article 150. Disciplinary hearings shall be conducted by the board or by an administrative law judge in accordance with sections 12-20-403 and 12-150-105 (1)(d). Section 12-20-408 governs judicial review of a final action or order of the board. Source: […]
The state, through the board, shall license all passenger tramways, unless specifically exempted by law; establish reasonable standards of design and operational practices; and cause to be made inspections as may be necessary in carrying out the provisions of this section. A passenger tramway shall not be operated in this state unless it has been […]
Any new construction of a passenger tramway or any major modification to an existing installation shall not be initiated unless an application for the construction or major modification has been made to the board and a permit has been issued by the board. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, […]
Each year, every area operator of a passenger tramway shall apply to the board, in the form as the board shall designate, for licensing of the passenger tramways that the area operator owns or manages or the operation of which the area operator directs. The application shall contain such information as the board may reasonably […]
The board shall issue to the applying area operator without delay licensing certificates for each passenger tramway owned, managed, or the operation of which is directed by the area operator when the board is satisfied: That the facts stated in the application are sufficient to enable the board to fulfill its duties under this article […]
The application for new construction or major modification and the application for licensing shall be accompanied by a fee established pursuant to section 12-20-105. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 985, § 1, effective October 1. Editor’s note: This section is similar to former § 25-5-713 as it […]
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 inspections shall include, at a minimum, two inspections per year or per two thousand hours of operation, whichever occurs first, of each passenger tramway, one of which inspections shall […]
When facts are presented tending to show that an unreasonable hazard exists in the continued operation of a passenger tramway, after the verification of the 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 […]
The provisions for regulation, registration, and licensing of passenger tramways and the area operators thereof under this article 150 shall be in lieu of all other rules or registration or licensing requirements, and passenger tramways shall not be construed to be common carriers within the meaning of the laws of this state. Source: L. 2019: […]
The board, any member of the board, any person on the staff of the board, any technical advisor appointed by the board, any member of an advisory committee appointed by the board, and any independent contractor hired to perform or acting as a state tramway inspector on behalf of the board with whom the board […]
Reports of investigations conducted by an area operator or by a private contractor on an area operator’s behalf and filed with the board or the board’s staff shall be presumed to be privileged information exempt from public inspection under section 24-72-204 (3)(a)(IV), except as may be ordered by a court of competent jurisdiction. Except as […]
This article 150 is repealed, effective September 1, 2030. Before the repeal, the passenger tramway safety board is scheduled for review in accordance with section 24-34-104. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 987, § 1, effective October 1; entire section amended, (SB 19-159), ch. 209, p. 2211, § […]
