Passenger Tramways

C.R.S. tit. 12, art. 150

in effect

C.R.S. § 12-150-101 Legislative declaration

12-150-101. 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 passenger 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 that are deemed essential to the safe operation of, passenger tramways.

C.R.S. § 12-150-102 Applicability of common provisions

12-150-102. Applicability of common provisions. Articles 1 and 20 of this title 12 apply, according to their terms, to this article 150.

C.R.S. § 12-150-103 Definitions

12-150-103. Definitions. As used in this article 150, unless the context otherwise requires: (1) "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. (2) "Board" means the passenger tramway safety board created by section 12-150-104. (3) "Industry" means the activities of all those persons in this state who own, manage, or direct the operation of passenger tramways. (4) "License" means the formal, legal, written permission of the board to operate a passenger tramway. (5) "Passenger tramway" means a device used to transport passengers 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. "Passenger tramway" includes, but is not limited to, the following devices: (a) Fixed-grip lifts. "Fixed-grip lift" means an aerial lift on which carriers remain attached to a haul rope. The tramway system may be either continuously or intermittently circulating, and may be either monocable or bicable. (b) Detachable-grip lifts. "Detachable-grip lift" means an aerial lift on which carriers alternately attach to and detach from a moving haul rope. The tramway system may be monocable or bicable. (c) Funiculars. "Funicular" means a device in which a passenger car running on steel or wooden tracks is attached to and propelled by a steel cable, and any similar devices. (d) Chair lifts. "Chair lift" means a type of transportation on which passengers 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, and any similar devices. (e) Surface lifts. "Surface lift" means a J-bar, T-bar, or platter pull and any similar types of devices or means of transportation that pull skiers riding on skis by means of an attachment to a main overhead cable supported by trestles or towers with one or more spans. (f) Rope tows. "Rope tow" means a type of transportation that pulls the skier riding on skis as the skier grasps the rope manually, and any similar devices. (g) Portable aerial tramway devices. "Portable aerial tramway device" means any device designed for temporary use and operation, without permanent foundations, in changing or variable locations, with a capacity of less than five persons, that transports equipment or personnel, and is not used or intended to be used by the general public. (h) Portable tramway devices. "Portable tramway device" means any device designed to be used and operated as a rope tow or surface lift without permanent foundations and intended for temporary use in changing or variable locations, when used within the boundary of a recognized ski area. (i) Private residence tramways. "Private residence tramway" means a device installed at a private residence or installed in multiple dwellings as a means of access to a private residence in multiple dwelling buildings, so long as the tramway is so installed that it is not accessible to the general public or to other occupants of the building. (j) Reversible aerial tramways. "Reversible aerial tramway" means a device on which passengers are transported in cable-supported carriers and are not in contact with the ground or snow surface, and in which the carriers reciprocate between terminals. e dwelling buildings, so long as the tramway is so installed that it is not accessible to the general public or to other occupants of the building. (j) Reversible aerial tramways. "Reversible aerial tramway" means a device on which passengers are transported in cable-supported carriers and are not in contact with the ground or snow surface, and in which the carriers reciprocate between terminals. (k) Conveyors. "Conveyor" means a type of transportation by which skiers, or passengers on recreational devices, are transported uphill on top of a flexible, moving element such as a belt or a series of rollers. (6) "Program director" means the person who manages the board's offices on a day-to-day basis and works with the supervisory tramway engineer and the board in implementing the policies, decisions, and orders of the board. (7) "Qualified tramway design engineer" or "qualified tramway construction engineer" means an engineer licensed by the state board of licensure for architects, professional engineers, and professional land surveyors pursuant to part 2 of article 120 of this title 12 to practice professional engineering in this state. (8) "Staff" means the program director, the supervisory tramway engineer, and their clerical staff. (9) "Supervisory tramway engineer" means the tramway engineer who works with the program director and the board in implementing the policies, decisions, and orders of the board.

C.R.S. § 12-150-104 Passenger tramway safety board - composition

12-150-104. Passenger tramway safety board - composition. (1) (a) There is created in the department of regulatory agencies and allocated to the division of professions and occupations pursuant to section 24-1-122 (3)(q) the passenger tramway safety board, which consists of six members appointed by the governor and one member designated by the United States forest service. The passenger tramway safety board is a type 1 entity, as defined in section 24-1-105. (b) The members appointed by the governor must represent the following interests: (I) Two members to represent the industry or area operators; (II) Two members to represent the public at large; (III) One member who is a licensed professional engineer not employed by a ski area or related industry; and (IV) One member familiar with or experienced in the tramway industry who may represent the passenger tramway manufacturing or design industry or an area operator. (c) The governor and the United States forest service shall only appoint or designate members who, by reason of knowledge or experience, are deemed to be qualified. The knowledge or experience must be either from active and relevant involvement in the design, manufacture, or operation of passenger tramways or as a result of extensive and relevant involvement in related activities. (d) The governor, in making appointments, shall consider recommendations made to the governor by the membership of the particular interest from which the appointments are to be made. (2) Each of the appointed members shall be appointed for a term of four years and until a successor is appointed, and a board member shall not serve more than two consecutive four-year terms. A former 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 member of the board designated by the United States forest service shall serve for such period as the federal agency shall determine and shall serve without compensation or reimbursement of expenses. (3) The governor may remove any member of the board for misconduct, incompetence, or neglect of duty. (4) Board members appointed by the governor shall have been residents of this state for at least three years. (5) No member of the board who has any form of conflict of interest or the potential thereof shall participate in consideration of the deliberations on matters to which the conflict may relate. 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. (6) A majority of the board constitutes a quorum. When necessary, members of the board may participate remotely to conduct business during a public meeting for purposes of obtaining a quorum, facilitating the participation of members in remote locations, or both.

C.R.S. § 12-150-105 Powers and duties of board - rules

12-150-105. Powers and duties of board - rules. (1) The board has the following powers and duties in addition to those otherwise described by this article 150: (a) 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 - Safety Requirements", as adopted by the American National Standards Institute, as amended from time to time. The rules shall not be discriminatory in their application to area operators, and procedures of the board with respect thereto shall be as provided in section 24-4-103 with respect to rule-making. (b) To investigate matters relating to the exercise and performance of the powers and duties of the board; (c) To receive complaints concerning violations of this article 150; (d) To conduct meetings, hold hearings, and take evidence in accordance with section 12-20-403. The program director may issue subpoenas in accordance with section 12-20-403 (2) on behalf of the board at the board's direction. (e) To discipline area operators in accordance with this article 150; (f) To approve and renew licenses in accordance with this article 150; (g) To elect officers; (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 subsection (1)(h) shall meet as deemed necessary by the board or the supervisory tramway engineer. (i) To collect fees, established pursuant to section 12-20-105, for any application for a new construction or major modification, for any application for licensing, and for inspection and accident investigations; (j) To cause the prosecution and enjoinder, in accordance with section 12-20-406, of all persons violating the provisions of this article 150 and to incur the necessary expenses thereof; (k) To delegate duties to the program director; (l) To keep records of its proceedings and of all applications.

C.R.S. § 12-150-106 Responsibilities of area operators

12-150-106. Responsibilities of area operators. The primary responsibility for design, construction, maintenance, operation, and inspection rests with the area operators of passenger tramway devices.

C.R.S. § 12-150-107 Disciplinary action - administrative sanctions - grounds

12-150-107. Disciplinary action - administrative sanctions - grounds. (1) 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. (2) 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 12-150-108 or 12-150-116. Disciplinary action may include any of the following: (a) Action as authorized in section 12-20-404. The board may summarily suspend a license pursuant to the authority granted by this article 150 or article 4 of title 24. (b) Sending of a letter of admonition to an area operator under the circumstances specified in and in accordance with section 12-20-404 (4); (c) Assessment of a fine, not to exceed ten thousand dollars per act or omission or, in the case of acts or omissions found to be willful, fifty thousand dollars per act or omission, against any area operator; (d) Imposition of reasonable conditions upon the continued licensing of a passenger tramway or upon the suspension of further disciplinary action against an area operator. (3) The board may take disciplinary action for any of the following acts or omissions: (a) Any violation of the provisions of this article 150, an applicable provision of article 20 of this title 12, or any rule of the board promulgated pursuant to section 12-150-105 when the act or omission upon which the violation is based was known to, or reasonably should have been known to, the area operator; (b) Violation of any order of the board issued pursuant to provisions of this article 150; (c) Failure to report any incident or accident to the board as required by any provision of this article 150 or any rule of the board promulgated pursuant to section 12-150-105 when the incident or accident was known to, or reasonably should have been known to, the area operator; (d) Willful or wanton misconduct in the operation or maintenance of a passenger tramway; (e) Operation of a passenger tramway while a condition exists in the design, construction, operation, or maintenance of the passenger tramway that endangers the public health, safety, or welfare, which condition was known, or reasonably should have been known, by the area operator; (f) Operation of a passenger tramway by an operator whose license has been suspended; (g) Failure to comply with an order issued under section 12-150-108 or 12-150-116.

C.R.S. § 12-150-108 Orders - enforcement

12-150-108. Orders - enforcement. (1) 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 a reasonable time for compliance therewith. The order shall be served upon the area operator involved in accordance with the Colorado rules of civil procedure or the "State Administrative Procedure Act", article 4 of title 24, and shall become final unless the area operator applies to the board for a hearing in the manner provided in section 24-4-105. (2) If any area operator fails to comply with a lawful order of the board issued under this section within the time fixed thereby, the board may take further action as permitted by sections 12-150-107 and 12-150-116 and may commence an action seeking injunctive relief in accordance with section 12-20-406. (3) Any person who violates an order issued pursuant to this section shall be subject to a civil penalty of not more than five thousand dollars for each day during which the violation occurs. (4) Any area operator who operates a passenger tramway that has not been licensed by the board or the license of which has been suspended, or who fails to comply with an order issued under this section or section 12-150-116, commits a class 2 misdemeanor and shall be punished as provided in section 18-1.3-501.

C.R.S. § 12-150-109 Disciplinary proceedings

12-150-109. Disciplinary proceedings. (1) The board may investigate all matters that present grounds for disciplinary action as specified in this article 150. (2) 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). (3) Section 12-20-408 governs judicial review of a final action or order of the board.

C.R.S. § 12-150-110 Passenger tramway licensing required

12-150-110. Passenger tramway licensing required. (1) 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. (2) A passenger tramway shall not be operated in this state unless it has been licensed by the board. No new passenger tramway shall be initially licensed in this state unless its design and construction have been certified to this state as complying with the rules of the board promulgated pursuant to section 12-150-105. The certification shall be made by a qualified tramway design engineer or a qualified tramway construction engineer, whichever the case requires. (3) The board shall have no jurisdiction over the construction of a new private residence tramway or over any modifications to an existing private residence tramway when the tramway is not used, or intended to be used, by the general public. (4) The board shall have no jurisdiction over a portable aerial tramway device. (5) The board shall have no jurisdiction over a portable tramway device when the tramway device is not used, or intended to be used, by the general public.

C.R.S. § 12-150-111 Application for new construction or major modification

12-150-111. 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 the construction or major modification has been made to the board and a permit has been issued by the board.

C.R.S. § 12-150-112 Application for licensing

12-150-112. Application for licensing. 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 require in order for it to determine whether the passenger tramway sought to be licensed by the area operator complies with the intent of this article 150 as specified in section 12-150-101 and the rules promulgated by the board pursuant to section 12-150-105.

C.R.S. § 12-150-113 Licensing of passenger tramways

12-150-113. Licensing of passenger tramways. (1) 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: (a) That the facts stated in the application are sufficient to enable the board to fulfill its duties under this article 150; and (b) That each passenger tramway sought to be licensed has been inspected by an inspector designated by the board according to procedures established by the board and that the inspection disclosed no unreasonable safety hazard and no violations of the provisions of this article 150 or the rules of the board promulgated pursuant to section 12-150-105. (2) In order to satisfy itself that the conditions described in subsection (1) of this section have been fulfilled, the board may cause to be made such inspections described in section 12-150-115 as it may reasonably deem necessary. (3) Licenses shall expire on dates established by the board. (4) Each area operator shall cause the licensing certificate, or a copy thereof, for each passenger tramway thus licensed to be displayed prominently at the place where passengers are loaded thereon.

C.R.S. § 12-150-114 Licensing and certification fees

12-150-114. Licensing and certification fees. 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.

C.R.S. § 12-150-115 Inspections and investigations - costs - reports - rules

12-150-115. Inspections and investigations - costs - reports - rules. (1) 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. (2) 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 be during the high use season, shall be unannounced, and shall be carried out under contract by independent contractors selected by the board or by the supervisory tramway engineer. Additional inspections may be required by the board if the area operator does not, in the opinion of the board, make reasonable efforts to correct any deficiencies identified in any prior inspection or if the board otherwise deems additional inspections necessary. The board shall provide in its rules 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. (3) The board may employ independent contractors to make the inspections for reasonable fees plus expenses. The expenses incurred by the board in connection with the conduct of inspections provided for in this article 150 shall be paid in the first instance by the board, but each area operator of the passenger tramway that was the subject of the inspection shall, upon notification by the board of the amount due, reimburse the board for any charges made by personnel for the services and for the actual expenses of each inspection. (4) The board may cause an investigation to be made in response to an accident or incident involving a passenger tramway as the board may reasonably require. The board may employ independent contractors to make the investigations for reasonable fees plus expenses. The expenses incurred by the board in connection with the conduct of investigations provided for in this article 150 shall be paid in the first instance by the board, and thereafter one or more area operators may be billed for work performed pursuant to subsection (3) of this section. (5) If, as the result of an inspection, it is found that a violation of the board's rules exists, or a condition in passenger tramway design, 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.

C.R.S. § 12-150-116 Emergency shutdown

12-150-116. Emergency shutdown. 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 area operator of the tramway forthwith to cease using the same for the transportation of passengers. The 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 by the supervisory tramway engineer, any member of the board, or as provided by the Colorado rules of civil procedure or the "State Administrative Procedure Act", article 4 of title 24. The service shall be made upon the area operator or the area operator's agent immediately in control of the tramway. The 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 this article 150 as may be appropriate.

C.R.S. § 12-150-117 Provisions in lieu of others

12-150-117. Provisions in lieu of others. 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.

C.R.S. § 12-150-118 Governmental immunity

12-150-118. Governmental immunity. (1) 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 contracts for assistance shall be provided all protections of governmental immunity provided to public employees by article 10 of title 24, including but not limited to the payment of judgments and settlements, the provision of legal defense, and the payment of costs incurred in court actions. These protections shall be provided to the board, board members, staff, technical advisors, committee members, and independent contractors hired to perform or acting as a state tramway inspector on behalf of the board only with regard to actions brought because of acts or omissions committed by such persons in the course of official board duties. (2) The provisions of subsection (1) of this section shall be construed as a specific exception to the general exclusion of independent contractors hired to perform or acting as a state tramway inspector on behalf of the board from the protections of governmental immunity provided in article 10 of title 24.

C.R.S. § 12-150-119 Confidentiality of reports and other materials

12-150-119. Confidentiality of reports and other materials. (1) 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. (2) Except as otherwise provided in subsection (1) of this section, all information in the possession of the board's staff and all final reports to the board shall be open to public inspection in accordance with part 2 of article 72 of title 24.

C.R.S. § 12-150-120 Repeal of article - subject to review

12-150-120. Repeal of article - subject to review. 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: Open US Law by Vaquill AI (CC BY 4.0)URL: https://leg.colorado.gov/sites/default/files/images/olls/crs2024-title-12.docxFetched: 10/6/2026