ax2002al.aw - Home | US Forest Service€¦ · Web viewRegistration and certification fees. (1) The application for new construction or major modification, and the application for

1013-1016 Zero CodePage 1 of 55

FOREST SERVICE MANUALDENVER, 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.

Page Code Superseded Sheets

1022--1-1-33e 171022--51-59 5

Supplements CoveredR2 Supplement 17, 3/79R2 Supplement 14, 1/75R2 Supplement 19, 4/80

Document Name New Pages

1011-1012 Zero Code 46

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. CARGILLRegional Forester

R2 SUPPLEMENT 1000-91-1 1011-1012 Zero CodeEFFECTIVE 8/1/91 Page 2 of 55

1012 - STATE AND LOCAL LAWS.

AN ACT1977

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 liftand 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:

Page 2 - SENATE BILL NO. 413

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).



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

PAGE 3 - SENATE BILL NO. 413the 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.


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.


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.

PAGE 4, SENATE BILL NO. 413


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.

/s/ Fred E. Anderson /s/ Ronald H. StrahleFred E. Anderson Ronald H. StrahlePRESIDENT OF THE SENATE SPEAKER OF THE HOUSE

OF REPRESENTATIVES

/s/ Marjorie L. Rutenbeck /s/ Lorraine Lombardi Marjorie L. Rutenbeck Lorraine LombardiSECRETARY OF THE SENATE CHIEF CLERK OF THE HOUSE

OF REPRESENTATIVES

APPROVED (Date)

/s/ Richard D. LammRichard D. LammGOVERNOR OF THE STATE OF COLORADO


PAGE 5 - SENATE BILL NO. 413

RULES AND REGULATIONSCOLORADO 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; or4. 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.

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, shall be deemed guilty of a misdemeanor punishable by a fine of not more than fifty dollars per day for each day of such illegal operations or by imprisonment of not less than ten days nor more than ninety days in the county jail, or by both such fine and imprisonment.


Except as otherwise provided herein, registration will be issued only to those operators whose passenger tramways meet at least the minimum requirements contained in the applicable regulations of the Board. Provided, however, that the Board may, upon application and after such investigation and hearing as it shall require, issue registration to an operator whose tramway does not conform in all respects to such requirements if the Board shall find either:

1. That the tramway has been operated safely for such number of years as the Board shall deem sufficient thereby to demonstrate its safety; or

2. That the tramway is so equipped, maintained and operated that its operation is at least as free from danger to the persons using it as if it met such minimum requirements.

Article VI - New Installations and Modifications

A. 1. Before construction of the passenger tramway commences the owner shall

file with the Board a properly executed copy of CPTSB Form 3 latest edition.

2. Before construction of the passenger tramway is completed, the qualified

tramway design engineer thereof must submit to the Board for permanent file a written certification (CPTSB Form 4 latest issue) that the design, plans, and specifications for such construction have been prepared by or under his direction and that the tramway design conforms to all rules and regulations adopted by the Board. Copies of such designs, plans and specifications shall be submitted with this written certification.

3. After construction of the passenger tramway is completed, and before

operation is commenced, the qualified tramway construction engineer thereof must submit to the Board a written certification (CPTSB) Form 5 latest issue) that such construction and installation has been completed in accordance with the design, plans, and specifications for such work.

4. Prior to the operation of any new passenger tramway a certificate shall be

submitted to the Board by the inspector stating that the tests specified under Regulation VI-D below have been carried out successfully. In the event of failure to meet the requirements in the tests specified, the certificate shall set forth such areas of failure.

B. A passenger tramway moved to a new location is considered a new installation.


C. Any modification made to Passenger Tramways affecting the safety shall be designed by a qualified tramway design engineer and reported to the inspector at the time of the annual inspection.

D. Testing. In addition to testing required in Article X, all new or modified passenger tramways shall be subjected to a full load running test; and all starting, braking and stopping mechanisms shall be adequately tested.

Article VII - Application for Qualification as Passenger Tramway Design or Construction Engineer

A. An application for qualification as a passenger tramway design or construction engineer shall be on the following form: (See next page)

STATE OF COLORADODEPARTMENT OF REGULATORY AGENCIES

COLORADO PASSENGER TRAMWAY SAFETY BOARD

Application for Qualification as

1. Passenger Tramway Design Engineer2. Passenger Tramway Construction Engineer (Note: Cross off Title that does not apply in this Application)

NAME

COLORADO PROFESSIONAL ENGINEERING REGISTRATION NUMBER

DATE FIRST REGISTERED IN COLORADO

ADDRESS

NAME AND ADDRESS OF APPLICANT'S EMPLOYER AT THE TIME THE QUALIFIED EXPERIENCE WAS OBTAINED

LOCATION OF THE AREA FOR WHICH THE TRAMWAY WAS DESIGNED OR CONSTRUCTED

TYPE AND BRIEF DESCRIPTION OF THE TRAMWAY


APPROXIMATE PERIOD OF TIME INVOLVED IN DESIGN OR CONSTRUCTION OF EACH TRAMWAY

EXPERIENCE: On This Page or Supplemental Attached and Numbered Sheets Furnish Complete Information Showing Experience That Would Qualify You For The Particular Phase of Engineering That You Are Applying For. Include Location of Projects, Your Duties, References On the Particular Work and Dates.

Article VIII - Inspections

A. Purpose. The purpose of engineering inspections of passenger tramways is to insure that such tramways are in good condition and can be safely operated if proper operations and maintenance procedures are followed.

B. Qualified Inspection Engineers. Inspections shall be conducted by an engineer qualified by this Board and designated as a qualified inspection engineer. The cost of such inspection shall be paid for promptly by the tramway owner upon receipt of billing.

C. Inspection Procedure. Prior to commencement of any engineering inspection, the inspector shall have access to the owner's operation and maintenance manual for each lift to be inspected.

The annual operational inspection of each passenger tramway shall be a visual and audible inspection of all components of the tramway including, but not restricted to, terminal structures, line structures, wire rope and splices, all components of the drive train and all safety devices and parts, accessories and assemblies pertaining thereto.

It is not the intent of this Board that the inspector shall be experienced or knowledgeable in the testing, maintenance or repair of such items as electric motors, gasoline engines, gear boxes, wire rope, or similar devices since this work can only be accomplished by specialized firms.

Also, it is not intended to be the responsibility of the inspector to be present when components of the lift are disassembled for inspection of shafts, bearings, etc., since this is the responsibility of the owner in his maintenance program. It is considered to be the responsibility of the owner to see that such items are maintained, overhauled or repaired as specified by the manufacturer of each item and evidence of such work shall be made available to the inspector upon demand.


However, if, in the opinion of the inspector, an item of equipment does not appear to be in proper working order, as indicated by his operational inspection, or appears to have been in use an excessive period of time since the last major overhaul, the inspector shall so state in his letter to this Board and shall make recommendations as to when this work should be accomplished, or additional inspections be made.


If, in the opinion of the inspector a particular tramway cannot be safely operated until such time as repairs, modifications, or replacements have been accomplished, the inspector shall notify the owner or the owner's designated representative, in writing, to this effect at the time of the inspection; shall verbally notify the Secretary of the Board within 24 hours of the time of the inspection of his opinion; and shall advise the Board, in writing, of his opinion by certified mail within 48 hours.

D. Inspection Report. In addition to the letter discussed under VIII-C above, the Board shall receive a report from the inspector certifying as to the compliance of each tramway with the law and the rules and regulations of the Board. Such report shall state the name of the tramway and the items that are not in compliance with the above listed documents and shall contain the inspector's recommendations concerning compliance. Certificates for each tramway shall be issued by the Board only after such time as the inspector's report has been received and the Board has been able to evaluate the seriousness of areas, if any, of noncompliance.

Article IX - Lift Accident and Lift Failure Report

A. All operators shall report any major lift accident or lift failure on a form substantially similar to the following:

B. Form: (This form must be filled out for any major lift failure and/or any lift

accident caused by lift failure or possible faulty operation or maintenance. A major lift failure is one where the safety of the lift becomes open to question; i.e., deropement occurs, chair falls off, etc. Form must be mailed, by certified mail, to the Board Secretary within 24 hours of accident.)

1. General Information (To be filled out for either type of accident):

a. Name of area Date

b. Person reporting

c. Official position

2. Lift Failure:

a. Name and/or number of lift

b. Date of failure

c. Describe failure

d. Describe cause of failure


e. Corrective action taken

f. Length of time lift was shut down

g. Name, address, and statement of witnesses, if any, on cause of failure; attach separate statements if desired

3. Injury to Persons Caused by Lift Failure:

a. General statement as to nature and extent of injury including name and address of injured

b. Date of accident

c. Time

4. Was lift shut down pending correction of factors contributing to accident:

Article X - Technical Provisions

A. Supplement No. 2, February 24, 1971, Article X, Technical Provisions i s hereby deleted in its entirety and replaced by this Article X.

B. The American National Standard Safety Requirements for Aerial Passenger Tramways (ANSI B77.1-1973), as published by the American National Standards Institute, Inc., 1430 Broadway, New York, New York 10018, is hereby made a part of these Rules and Regulations. Where conflict occurs between that Standard (designated as ANSI Standard hereafter) and these Rules and Regulations, the Rules and Regulations shall govern.

C. When a major accident or failure has occurred to any passenger tramway, the tramway shall be taken out of operation at the time of accident or failure and shall remain out of operation until approval has been granted by the Board to re-open the passenger tramway for use by the public.



If an owner desires to expedite matters so that the passenger tramway can be opened as soon as possible, the owner shall verbally notify the Board's Chief Inspection Engineer who shall contact Board members and other personnel as necessary in order to advise what immediate action can be taken. In any event, the owner must submit the accident report in accordance with Article IX of the Rules and Regulations.

D. In the registration of passenger tramways in accordance with Articles V and VI of the Rules and Regulations, the Board may elect to accept a certification of compliance by the owner, with signature notarized, that the deficiencies listed in the inspection report have been complied with to eliminate the requirement for followup inspections. In such cases, the certificate of compliance shall be addressed to the Chief Inspection Engineer (with a copy to the District Ranger, United States Forest Service, where applicable) who shall then forward the Owner's certificate, a copy of the inspection report for the lift in questions, and the inspector's certificate to the Board.

E. The following revisions are hereby made to the ANSI Standard:

1.2.4 Existing Installations. (Delete Section, and delete reference to Section 1.2.4 in Section 2.3.3.1.2. Add new Section which reads as follows:)

Installations operating prior to the adoption of this Standard and with proof of a good safety record need not comply with the provisions of this Standard except where specifically required by the Board. Operation and maintenance procedures must be in compliance with this Standard.

1.8.3.4 Counterweight Sheave.

Sheaves used in the counterweight roping system which are active during normal operations.

1.8.12 Major Lift Failure.

Any mechanical, electrical or structural failure which results in bodily injury to a human being or any such failure which if not properly corrected could result in bodily injury to a human being.

2.1.1 Design Passenger Weight (All Classifications). (Add the following to end of paragraph:)

For tramways transporting foot passengers only, the weights shown in 2.1.1 (1) and (2) above may be reduced by 10 pounds per person.


2.1.2 Location (All Classifications). (Add to end of Section before 2.1. 2.1:)

Power lines shall be located a minimum distance equal to the height of poles or support structures from any passenger tramway so that poles and electrical lines cannot touch any portion of the tramway, loading or unloading points or platforms and tow path, if applicable, upon collapse of the poles or lines, unless suitable and approved precautions are taken to safeguard human lives.

No tramway installation shall be permitted whenever the tramway owner does not have permanent and irrevocable control of the following air space (except when the tramway is located on Forest Service land): The area bounded by planes having an outward slope of one horizontal to two vertical and commencing at a point 20 feet horizontally outside of the intersection of the vertical planes of the ropes or cables and ground surface.

2.1.4 Path of Rope (All Classifications). (Add the following to end of paragraph:)

Clearing shall be accomplished in such a manner that cabins or carriers will not come in contact with trees or vegetation during operating surges of the line, maximum design wind conditions or any combination of these two conditions. In no case shall trees or vegetation extend within 5 feet of any portion of a carrier under normal (nonsurge) operating conditions.

2.1.4.2.1 Vertical Clearances. (Add second paragraph:)

Under the most adverse loading conditions, a minimum space of 5 feet shall be maintained between the lower edge of carriers or ropes and the terrain or other possible obstacles, including snow path. Whenever the clearance is less than 15 feet, no vehicular transportation shall be permitted beneath the tramway. Whenever the clearance is less than 8 feet for gondolas and empty chairs or 10 feet for chairs carrying foot passengers, provision shall be made to prevent access by unauthorized persons to the area beneath the tramway.

2.1.4.2.2 Horizontal Clearances. (Add the following paragraph at end of Section:)

Except for lift components or for operators' and attendants' control consoles located on the centerline of lift, no lift related structure, post, or other obstruction shall be located within five feet of either edge of the passenger seat in an open cabin or carrier hanging in a vertical position.


2.1.4.4.2 Path of Rope Adjustment. (Revise subsection to read as follows:)

In areas of deep snow, it may be necessary to use variable rope sheave heights. In such cases, changes in tower height shall be controlled in a manner to avoid overloading or underloading tower sheave assemblies. This control shall be accomplished by use of minimum/maximum sheave loadings furnished by the designer for each location. Values of sheave loading shall be verified by templates placed upon the rope or any other satisfactory measurement of the force acting upon each sheave.

2.1.5.3 Surface Lifts. (Add at end of Section:)

For lifts with detachable grips, means shall be provided to maintain the minimum distance between successive skiers which was used in the design of the lift. The skier(s) shall not be loaded until the skier(s) ahead has traveled this minimum distance from the loading point.

Automatic launching devices meet the requirements of this Section when timed to release to meet the minimum loading interval.

2.1.5.4.2 Fiber Rope Tows. (Delete entire Section and insert the following:)

The rope speed shall not exceed 1,000 feet per minute for passenger operation. The Board may permit higher or require lower speeds under some conditions.

2.1.6 Structures and Foundations (All Classifications). (Insert new second paragraph with present paragraph two becoming paragraph three:)

Terminal structures for all aerial tramways and aerial lifts and terminals supporting the drive train for surface lifts shall be designed to resist the full loads and stresses developed when the terminal sheave is prevented from turning for any reason.

2.1.6.2 Foundations. (Revise Section to read as follows:)

In determining the resistance of the earth to motion of the foundation, the subsoil conditions at the site shall be considered, including any buoyancy due to ground water which may be present. If the resistance of the soil is not practically determinable, the foundation or anchorage should be designed as a gravity anchor, using a coefficient of friction appropriate to the general character of the soil. Where the top of the foundation is less than six inches above finished grade, the structure shall be protected to a minimum height of six inches above finished grade using materials and methods specified by the Qualified Design Engineer. In no case can the top of concrete footing be less than six inches above original ground surface, nor can it be subject to the action of ground water resulting from fill or other changes in grade.


Foundations on rock shall be firmly anchored to solid rock unless designed as gravity foundations.

2.1.7.2 Tests. (Delete the words "in the United States" in the first sentence. The revised Section now reads:)

Before installation, a certified test report covering the tests required in 4.2 shall be provided from a testing laboratory acceptable to the authority having jurisdiction. Unless otherwise specified, the manufacturer of the wire rope or tract strand is responsible for performance of all testing requirements of this standard. Copies of the test report (see 4.2.2) shall be furnished to the manufacturer, owner, and authority having jurisdiction.

2.1.7.4.1 Haul Ropes. (Add the following to end of Section:)

Emergency Repairs (Patch). In the event that damage occurs to the wire rope and such damage is confined only to a single strand of the rope, replacement of the damaged strand will be permitted on an emergency basis and the rope may be continued in service under the following conditions:

1. Prior approval is obtained from the Board for such repairs.

2. A competent wire rope splicer verbally advises the Board, with written confirmation to the Board prior to the rope being placed back in operation, that a suitable replacement strand was available and that all other conditions were such that he was able to make a proper repair to the rope by the use of this method.

3. The minimum length of the new piece of strand is at least 360 times the nominal rope diameter between end tucks and the length of tail tucked into the core at each end shall be at least 30 times the nominal rope diameter.

4. The repaired area is outside of an existing splice and both new tucks are at least 96 times the nominal rope diameter from the end tuck of an existing splice.

5. The repaired area is inspected daily for the first five days of operation and once weekly thereafter during the operating season but is removed from operation immediately if core collapse, pulling, high stranding, or other significant distortions occur.

6. Prior to commencement of the next operating season, wherein year-round operations are considered to have two operating seasons commencing on June 15 and November 1 of each year, repair of the rope for continued use shall be accomplished by removal of a complete portion of the rope containing the previously repaired area followed by insertion of a new portion of rope with the length of rope between


splices and the rope splices at both ends all in compliance with the first two paragraphs of this Section 2.1.7.4.1 unless a competent wire rope splicer or specialist certifies to the Board that a replacement is not necessary in which case weekly inspections will be continued.

7. Documents showing the splice diagrams and overall length of the patch, as prepared by the competent wire rope splicer, are filed with the Board and also placed in the Owner's Wire Rope Log for that rope.

2.1.9.5 Electrical Stop Circuits. (Add the following three paragraphs at end of section:)

Where guillotine type switches are used to sever wires in the emergency stop circuit upon deropement from line sheaves, braided conductors shall not be used.

Interruption of the emergency stop circuit shall stop the prime mover or auxiliary prime mover, whichever is in use at that time.

Where there is only one stop circuit, it shall be classified as the emergency stop circuit.

2.1.9.5.1 Stop Switches. (Revise this subsection to read as follows:)

All stop switches, which are in the safety control system and are operated manually in normal operations, shall be of the type which must be reset manually.

Effective September 1, 1974, all categories of tramway facilities, regardless of date installed, shall meet this requirement.

2.1.9.7 Night Lighting. (Delete Sections 2.1.9.7.1 and 2.1.9.7.2.)

2.1.10 Internal Combustion Engine Installation. (Delete "except Small Auxiliary Engines.")

2.1.10.1 Fuel Storage. (Delete paragraph and substitute the following:)

Fuel tanks shall be of adequate capacity to permit uninterrupted operation during the normal operating period. Where internal combustion engines are located in weatherproof equipment rooms or buildings, fuel tanks shall be located at least 5 feet from the outside of the rooms or buildings for surface tanks or in an underground installation. The fill pipe shall be capped, locked and located to avoid toxic fumes and fire hazard during refueling. Stop cocks shall be provided on fuel lines at points where the lines enter the building in underground installations or where the lines leave the tanks for above ground installations.


Integrally mounted fuel tanks are permissible on auxiliary engines located in other than weathertight rooms.


Exception: Integrally mounted steel fuel tanks may be located within or beneath weathertight buildings supported on, or enclosing, combined drive-tension carriages provided that the end of the fill pipe is located beyond the sides of the building, has a locked fill cap, and is in such a location as to avoid toxic fumes and fire hazard during refueling.

2.1.10.3 Gear Shifts. (Add subsection as follows:)

Where gear shift levers are used on internal combustion engines, provisions shall be made to maintain the levers in operating position and to prevent shifting of levers into excessive high speed ratios or accidentally into reverse gear during operation for the public.

2.1.11.2.1 Loading Areas (2.1.11 Loading and Unloading Areas). (Add the following to the end of this subsection:)

Where skiers enter the loading area from downhill of the bullwheel and are aligned with the upgoing rope ("bullwheel loading"), provisions shall be made in the design to provide a clear and unobstructed view of the downcoming chair in which the skier(s) is (are) to be loaded for at least 5 seconds prior to loading.

2.1.12 Signs (All Classifications). (Add after paragraph two:)

The sign "Men Working On Lift" or a similar warning sign shall be hung on the main disconnect switch when men are working on the passenger tramway.

2.1.12.2 Aerial Lifts (except Gondola Lifts). (Add to end of Section:)

(6) Sign visible at all points of downhill loading, listing downhill capacity of lift.

2.1.13 Evacuation - Reversible Aerial Tramways and Aerial Lifts. (Add following paragraph to end of Section:)

Fiber ropes used in evacuations shall be sized for the service, shall not be less than 7/16 inch in diameter, and shall be of nylon or polyester material. Carabiners shall be of the locking type, or, if of the snap type, they shall be used in pairs with snaps placed on opposite sides. Polypropylene ropes are not to be used.

2.1.14 Acceptance Tests and Inspection (All Classifications). (Delete last paragraph; delete second sentence of first paragraph and insert the following:)

It shall be the responsibility of the owner to see that the following conditions have been met:


2.1.14.3 Tows - Additional Requirements. (Add at end of Section:)

(4) Rope twisting or spiralling.

2.2.1 Prime Mover (All Classifications). (Add four paragraphs at the end of Section:)

The ratings of the prime mover and the auxiliary prime mover adjusted for the controlling ambient operating temperature and elevation where applicable, shall not exceed the rating of the weakest part in the entire drive train.

The ultimate torque rating of the prime mover and the auxiliary prime mover shall not be greater than the ultimate torque rating of the weakest part of the entire drive train.

Where manual multi-speed transmissions are used on either the prime mover or auxiliary prime mover, provisions shall be made to prevent shifting of gears or declutching of prime mover under any conditions when the tramway is moving.

Where reverse gear capability is provided on prime mover or auxiliary prime mover for any tramway, provisions shall also be made to prevent accidentally shifting into reverse whenever the tramway is operating.

2.2.1.1 Auxiliary Power Unit - Reversible Aerial Tramways, Funiculars, and Gondola Lifts. (Word "Funiculars" added to title; Section remains unchanged.)

2.2.1.2 Auxiliary Power Unit - Aerial Lifts (Other than Gondola Lifts). (Delete last sentence in first paragraph.)

2.2.4.2 Aerial Lifts. (Change "devices" to "means" in last sentence of second paragraph. The revised second paragraph now reads:)

For lifts in this category which have stationary loading and unloading, the acceleration and deceleration of the carrier to and from the design rope speed shall be of such rate as not to endanger the carrier or the passengers. The interval between carriers shall be controlled by automatic carrier spacers or other suitable devices. Unbalanced loading shall be controlled to the extent required by the design through the use of automatic carrier counters or other suitable means.

2.2.4.2(1) Aerial Lifts (Add paragraph at end of Section)

Where the provision made for an overhauling load consists of regenerative capability or a similar characteristic in the prime mover itself, the auxiliary prime mover provided shall have a comparable capability if used for other than emergency evacuation.


2.2.5.1.3 Emergency Brake (Reversible Aerial Tramways.)2.2.5.2.2 Emergency Brake (Aerial Lifts.)

(Add the following paragraph to end of each Section.)

The design engineer shall furnish a written procedure to be followed and specify the auxiliary equipment necessary for periodic testing and adjustment of the holding power of the emergency brake on the drive sheave. Such testing shall be accomplished as part of normal maintenance during the operating season, but shall be performed when the tramway is not open to the public.

2.2.5.2.3 Backstop Brake. (Add paragraph at end of Section:)

The backstop brake and any other low or high speed backstop installed in addition to the prime backstop brake shall have the capability of being disconnected from the drive train during testing periods.

2.2.5.2.4 General. (Add paragraph at end of Section.)

Exception: Any installation in existence prior to the effective date of this supplement where the backstop brake is incorporated with the emergency brake and with operating linkage so arranged that the emergency brake may be operated independently of the backstop brake need not comply with this requirement except where specifically required by the Board.

2.2.5.3.2 Stopping Brake (Surface Lifts.) (Add second paragraph to end2.2.5.4.2 Stopping Brake (Tows). of each Section:)

Any passenger tramway in service prior to March 25, 1970, will not be required to meet this requirement if the stopping distance does not exceed 50 feet.

2.2.6.1 General. (Add at end of Section:)

Barriers shall be provided around terminals, intermediate loading and unloading platforms and ramps to prevent the public from entering the following areas:

1. The area around moving equipment, except at designated loading and unloading points.

2. Any area where the vertical clearance from bottom of cabins or gondolas and empty hangars or chairs is less than 8 feet above snow surface.


3. For chair lists, any area where the vertical distance between top of snow and the top of the loaded carrier seat is less than 13 feet under conditions of maximum sag with skier passengers or 10 feet with foot passengers.

4. The areas beneath floating bullwheels and tension carriages supported on rails, except for loading and unloading ramps and at safety gates.

5. Areas between safety gates and return sheaves for tows where the hauling rope is less than 7 feet above the snow surface.

6. Areas beneath counterweights.

2.2.6.3 Machinery Housed in a Machine Room. (Add to end of paragraph:)

Means shall be provided to heat the machine room unless the manufacturer certifies in writing to the Board that the drive machinery is rated for out-of-doors operation.

2.2.11.2.1 Manual Stops. (Aerial Lifts - Fixed Grips). (Delete entire Section and insert the following:)

Manual stop switches, which will stop the prime mover and apply the service brake, shall be installed in all attendants' and operators' rooms, in machine rooms and out-of-doors in close proximity to all loading and unloading areas.

2.2.11.2.2(1)(b) Terminal Unloading Areas. (In the second paragraph, line 6, delete "on the downhill side" and insert "on the opposite side of the lift from the normal unloading point and." The revised Section now reads:)

If no danger to passengers or equipment would result in the event the passenger entered or passed around the terminal at full speed, the stop shall be so located that the lift is stopped before the passenger passes beyond an unloading area on the opposite side of the lift from the normal unloading point and adjacent to the terminal under conditions of maximum speed and the most unfavorable loading condition.

2.2.11.2.2(1) Automatic Stops (2.2.11.2 Aerial Lifts - Fixed Grips.) (Add final paragraph to subsection (1):)

These requirements apply to downhill as well as uphill unloading areas. EXCEPTION: Where the tramway is not rated for downhill passenger traffic, the following number of loaded chairs, loaded no more closely than every fourth chair, shall be permitted for carrying of authorized personnel downhill and the requirements for a safety gate beyond the downhill unloading area and for an overspeed unit (Section 2.2.4.2) shall be waived:



Total Number of Carriers Maximum Number of Loaded

on Chair Lift (both sides) Carriers on Downhill RopeLess than 60 260 to 120 3over 120 4

For the purpose of this section only, "Authorized Personnel" is defined to include all persons, whether employees of the tramway owner or not, who are authorized by the owner or his representatives to be carried on the chair lift.

2.2.11.2.2(2) Automatic Stops. (Insert the words "in close proximity to and on incoming and outgoing sides of each bullwheel . . . . " after "devices". The revised Section now reads):

(2) Automatic stopping devices in close proximity to and on incoming and outgoing sides of each bullwheel to stop the tramway if the rope leaves the bullwheel groove, or departs from its normal running position.

2.2.11.3.1 Manual Stops (Aerial Lifts - Detachable Grips.) 2.2.11.4.1 Manual Stops (Surface Lifts and Tows.)

(Delete the entire Section and insert the following:)

Manual stop switches, which will stop the prime mover and apply the service brake, shall be installed in all attendants' and operators' rooms, in equipment rooms and out-of-doors in close proximity to all loading and unloading areas.

2.3.2.2 Aerial Lifts (Guards and Clearances). (Insert the following at the beginning and retain all of the material presently in this subsection:)

For the purposes of this subsection only, ski-bobs, platters, kites or other equipment, may be transported by ticketed passengers providing they are transported in a manner that does not violate standards of clearances and weight, and that each passenger with such equipment has been instructed as to the manner in which that equipment is to be handled and transported on the carrier.

2.4.3.1 General (Fixed and Detachable.) (Add to end of Section.)

Fixed grips of the jaw or clamp type depending upon spring pressure to grip the rope shall be loosened, relocated and retightened in accordance with the manufacturer's instructions but no less often than at the end of the first operating season and at intervals not to exceed 12 months thereafter.


Marking which will not slip shall be applied to the main rope at each grip to provide a visual method of checking for grip slippage.


After grips have been relocated and the marking applied, each grip shall be tested for slippage. Where slippage occurs grips shall be checked to determine the cause of malfunction, retested and removed if not able to resist the specified load without slippage.

2.4.4.2 Track Cable Brakes (Reversible Aerial Tramways Only). (In last sentence of second paragraph change "disconnect or stop" to "stop." The revised second paragraph now reads:)

The brake shall function automatically in case of a haul rope failure. It shall be capable of being manually applied by the carrier conductor. The track cable brake shall provide smooth stops without damage to the track cable, carrier, or structures, under all design conditions, and shall conform to requirements of 2.1.4.6.1. Application of the track cable brake shall automatically stop the prime mover.

2.4.5 Carriers (Add before 2.4.5.1:)

No passenger tramway shall be permitted to operate with any incomplete or partially missing carrier or hangar assembly. The tramway shall be shut down immediately without attempting to run the incomplete assembly along the line because of the danger of deropement. The tramway shall not be reopened to the public until the incomplete assembly is removed, replaced, or repaired.

In the event that the incomplete assembly is in a difficult or an inaccessible location, such as midpoint of a high span. The tramway may be operated at slow speed until the incomplete assembly arrives at a point where it can be removed, replaced or repaired provided that positive two-way communication is maintained between the operator and an attendant viewing the movement of the incomplete assembly.

Projecting rivets, burrs, etc., on portions of hangars or carriers coming in contact with the passengers shall be removed, repaired or covered in such a manner as to prevent injury to passengers or entanglement of passengers' equipment or clothing.

2.4.5.2.3 Identification. (Revise to read as follows:)

All carriers shall be clearly identified with successive numbers visible to the operator and attendant.

3.2.2 Minimum Operating Personnel. (Add before 3.2.2.1:)

For public use, the passenger tramway shall be started only by the operator and then only after clearance has been received from an attendant assigned to each loading and unloading station, where required.


3.2.2.4.1 Exceptions. (New Section:)

When tows not exceeding 800 feet between loading and unloading areas and meeting the requirements of Section 2.5.3 are used exclusively for ski school classes and not for the general public, an operator may not be required provided the following conditions are met:

1. All of the conditions specified under Section 3.2.2.4 are met.

2. The start button can only be activated by the instructor for the class.

3. The instructor serves as the operator until all members of the class have unloaded from the tow, at which time the tow is shut off. The instructor may ride the tow to the unloading area and stop the tow with the stop button at that point.

3.6.4 Downhill Skier (Delete entire Section)

4.1.2.1.1 Bright (Uncoated) Wire Rope, Fiber Core (see Table 2.) (Replace first paragraph with the following:)

The nominal breaking strength of wire ropes manufactured of galvanized wires shall be taken as 90 percent of the bright wire nominal breaking strengths in Table 2. The strength of wire that is drawn after galvanizing may be taken as equivalent to that of bright rope.

4.1.2.1.2 Bright (Uncoated) Wire Rope, Independent Wire Rope Center, (see Table 3.) (Replace first paragraph with the following:)

The nominal breaking strengths of wire rope manufactured of galvanized wires shall be taken as 90 percent of the bright wire nominal breaking strengths shown in Table 3. The strength of ropes manufactured of wire that is drawn after galvanizing may be taken as equivalent to that of bright rope.

4.2.1 Testing Procedures. (Delete the words "in the United States" in the first sentence. The revised Section now reads:)

Before installation, a certified test report covering the tests required herein shall be provided from a testing laboratory acceptable to the authority having jurisdiction. Unless otherwise specified, the manufacturer of the wire rope or track strand is responsible for performance of all testing requirements in this standard.


Article XI - Procedures for Approvalof New or Modified Tramways

The procedure set forth in CPTSB Form 7-73 has been established by the Board to insure that new or modified tramways are placed into service in such a manner as to insure the safety of the public to the maximum extent possible.

Many difficulties are inherent in the general construction process, particularly in regards to delivery of materials and completion of construction within the time schedule established by the Owner or the Owner's representatives. Therefore, the Board feels that management should discourage any policy of issuing announcements of opening dates for new tramways until such tramways have been approved for operation by the Board. To allow for the engineering inspection, load tests for aerial lifts, preparation of the inspection report and completion or correction of deficiencies, if any, to the satisfaction of the Board, management should expect a three-week period between completion of inspection and issuance of the operating certificate.

Inspections and load tests will be scheduled by the Board on a first come, first served basis. Every attempt will be made to give as much consideration as practical to new areas opening for their first season if agreement can be reached with other ski areas where conflicts in schedules occur.

To expedite the procedure, verbal approval may be given by staff for operation provided that the Owner advises that all applicable deficiencies listed in the final report have been corrected and that Owner's letter of certification is being mailed to the Chief Inspection Engineer that day. If the letter is not received within a time period to be set by the Board, the verbal approval shall be withdrawn. Where all applicable deficiencies have not been corrected, a Board member must give the verbal approval to operate pending correction of the remaining deficiencies and receipt of Owner's letter of certification.


TITLE 25HEALTHArticle 5

Products Control and SafetyPART 7

PASSENGER TRAMWAY SAFETY

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 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.

25-5-702. Definitions. (1) "Administrator" means the Executive Director of the Department of Regulatory Agencies.

(1.5) "Board" means the passenger tramway safety board created by section 25-5-703.

(2) "Industry" means the activities of all those persons in this State who own, manage, or direct the operation of passenger tramways.

(3) "Operator" means a person who owns, manages, or directs the operation of a passenger tramway. "Operator" may apply to the State or any political subdivision or instrumentality thereof.

(4) "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 the following devices:


(a) Two-car aerial passenger tramway, a device used to transport passengers in two 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) Multi-car aerial passenger tramway, a device used to transport passengers in several open or enclosed cars attached to, and suspended from, a moving wire rope or attached to a moving wire rope or attached to a moving wire rope and supported on a standing wire rope, or similar devices;

(c) Funicular, a device in which a passenger car running on steel or wooden tracks is attached to and pulled by a steel cable, or similar devices;

(d) Chair lift, 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, or similar devices;

(e) J-bar, T-bar, or platter pull, so-called, and similar types of devices or means of transportation which 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 tow, a type of transportation which pulls the skier riding on skis as the skier grasps the rope manually, or similar devices.

(5) "Qualified tramway design engineer" or "qualified tramway construction engineer" means an engineer registered by the State Board of Registration for professional engineers and land surveyors pursuant to part 1 of article 25 of title 12, C.R.S. 1973, to practice professional engineering in this State and who has been qualified by the passenger tramway safety board.

25-5-703. Passenger Tramway Safety Board. There is hereby created a passenger tramway safety board of five 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; one member to represent insurance companies which engage in insuring passenger tramway operations; one member to represent the public at large; and one member to represent the passenger tramway manufacturing or design industry. 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.

25-5-703.5. Board Subject to Termination. The provisions of section 24-34-104, C.R.S. 1973, concerning the termination schedule for regulatory bodies of the State unless extended as provided in that section, are applicable to the passenger tramway safety board created by section 25-5-703.


25-5-704. Term of Office and Compensation of Board Members. Of the first appointments, one member shall be appointed for a term of one year, two for a term of two years, and two for a term of three years and until their successors are appointed and qualified. All terms shall commence on July 1, 1965. Thereafter, each of the appointed members shall be appointed for a term of three years and until his successor is appointed and qualified. Vacancies in the Board shall be filled by appointment of the Governor for the unexpired term. The appointive members of the board shall serve without compensation but shall be reimbursed for their reasonable expenses incurred in 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.

25-5-705. Passenger Tramway Registration Required. No passenger tramway shall be operated in this State unless it has been registered by the board. No new passenger tramway shall be initially registered in this State unless its design and construction have been certified to this State as complying with the rules and regulations of the Board promulgated pursuant to section 25-5-710. Such certification shall be made by a qualified tramway design engineer or a qualified tramway construction engineer, whichever the case requires.

25-5-706. Application for Registration. On or before November 1 in each year, every operator of a passenger tramway shall apply to the Board, on forms prepared by it, for registration of the passenger tramways which such operator owns or manages or the operation of which he directs. The application shall contain such information as the Board may reasonably require in order for it to determine whether the passenger tramways sought to be registered by such operator comply with the intent of this part 7 as specified in section 25-5-701 and the rules and regulations promulgated by the board pursuant to section 25-5-710.

25-5-706.5. Qualification of Tramway Design or Construction Engineers. (1) All engineers desiring to render the engineering services required by this part 7 or the rules and regulations promulgated pursuant thereto must be qualified by the board prior to undertaking said services.

(2) An engineer desiring qualification as a tramway design engineer or tramway construction engineer shall be registered and certified by the State Board of Registration for Professional Engineers and Land Surveyors and shall satisfy the requirements for such qualification promulgated by the Board pursuant to this part 7.

(3) An application for qualification as a tramway design engineer or tramway construction engineer shall contain such information as the board may reasonably require in order to determine qualifications within the intent of this part 7.


25-5-707. Registration of passenger tramways. (1) The board shall issue to the applying operator without delay registration certificates for each passenger tramway owned, managed, or the operation of which is directed by such operator when it is satisfied:

(a) That the facts stated in the application are sufficient to enable the board to fulfill its duties under this part 7; and

(b) That each such passenger tramway sought to be registered complies with the rules and regulations of the board promulgated pursuant to section 25-5-710.

(2) In order to satisfy itself that the conditions described in paragraphs (a) and (b) of subsection (1) of this section have been fulfilled, the board may cause to be made such inspections described in section 25-5-711 as it may reasonably deem necessary.

(3) When an operator installs a passenger tramway subsequent to November 1 of any year, such operator shall file a supplemental application for registration of such passenger tramway. Upon the receipt of such supplemental application, the board shall proceed immediately to initiate proceedings leading to the registration or rejection of registration of such passenger tramway pursuant to the provisions of this part 7.

(4) Each registration shall expire on October 31 next following the day of issue.

(5) Each operator shall cause the registration certificate for each passenger tramway thus registered to be displayed prominently at the place where passengers are loaded thereon.

25-5-700. Registration and certification fees. (1) The application for registration or supplemental application shall be accompanied by the following annual fees for the passenger tramways described in:

(a) Section 25-5-702 (4) (f), twenty-five dollars each;

(b) Section 25-5-702 (4) (e), one hundred twenty dollars each;

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

(d) Section 25-5-702 (4) (a) and (4) (b), three hundred dollars each; except that the annual fee for gondola lifts shall be two hundred seventy-five dollars each.

(2) Engineers applying for qualification pursuant to this part 7 shall pay a thirty-dollar fee.


25-5-709. Disposition of fees. All fees collected by the board under the provisions of this part 7 shall be transmitted to the state treasurer, who shall credit the same to the general fund. The general assembly shall make annual appropriations from the general fund for expenditures of the board incurred in the performance of its duties under this part 7, which expenditures shall be made from such appropriations upon vouchers and warrants drawn pursuant to law.

25-5-710. Powers and duties of the board. (1) In addition to all other powers and duties conferred and imposed upon the board by this part 7, the board has the following powers and duties:

(a) To adopt reasonable rules and regulations relating to public safety in the construction, operation, and maintenance of passenger tramways. In adopting such rules and regulations the board shall use as general guidelines the standards contained in the "American Standard Safety Code for Aerial Passenger Tramways," as adopted by the American standards association, incorporated, as amended from time to time. Such rules and regulations shall not be discriminatory in their application to operators of passenger tramways; and procedures of the board with respect thereto shall be as provided in sections 24-4-102 and 24-4-103, C.R.S. 1973, with respect to rule-making.

(b) To hold hearings and take evidence in all matters relating to the exercise and performance of the powers and duties vested in the board, subpoena witnesses, administer oaths, and compel the testimony of witnesses and the production of books, papers, and records relevant to any inquiry;

(c) To approve, deny, revoke, and renew the registrations provided for in this part 7; and procedures of the board with respect thereto shall be as provided in sections 24-4-104 to 24-4-107, C.R.S. 1973, with respect to licenses;

(d) To cause the prosecution and enjoinder of all persons violating the provisions of this part 7 and incur the necessary expenses thereof;

(e) To elect officers and adopt a seal which shall be affixed to all registrations issued by the board;

(f) To employ, within the funds available, and prescribe the duties of a full-time supervisory tramway engineer, a secretary, and such other personnel as the board shall approve;

(g) To qualify tramway design engineers and tramway construction engineers pursuant to section 25-5-706.5 and, pursuant to sections 24-4-102 and 24-4-103, C.R.S. 1973, to adopt rules and regulations regarding qualification and revocation or suspension of qualification which are reasonably related to the furtherance of the goals set forth in section 25-5-701.


25-5-710.5. Powers and duties of the administrator. (1) The administrator has the power and duty to:

(a) Act in behalf of the board on such occasions and in such circumstances as are concurred in by the board;

(b) Advise the board on all matters relating to the denial, approval, suspension, revocation, or renewal of any qualification, any order of the board, and the holding of any hearings.

25-5-711. Inspections, costs, reports. The board may cause to be made such inspections of the construction, operation, and maintenance of passenger tramways as the board may reasonably require. The board may employ qualified engineers to make such inspections for reasonable fees plus expenses. The expenses incurred by the board, but each operator of 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 the engineers for such services and for the actual expenses of each. 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.

25-5-712. Emergency shutdown. When facts are presented to the board, or to any member thereof, tending to show that an unreasonable hazard exists in the continued operation of a passenger tramway, a majority of the board, after such verification of said facts as is practical under the circumstances and consistent with the public safety, 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, 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 by a true copy of such order, the return of such service being shown by an affidavit on the back thereof. Such emergency shutdown shall be effective for a period not to exceed forty-eight hours from the time of service. Immediately after the issuance of an emergency order, 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.

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 by registered mail 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.


25-5-714. Injunctive proceedings. The board has the power to bring injunctive proceedings in the district court of the judicial district in which the passenger tramway is located to compel compliance with any lawful order of the board.

25-5-715. Judicial review. Any appeal of an order of the board shall be made in conformance with section 24-4-106, C.R.S. 1973.

25-5-716. Suspension of registration. If any operator fails to comply with the lawful order of the board issued under section 25-5-713, within the time fixed thereby, the board may suspend the registration of the affected passenger tramway for such time as it may consider necessary for the protection of the safety of the public.

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 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.

25-5-718. Provisions in lieu of others. The provisions for regulation, registration, and licensing of passenger tramways and the operators thereof under this part 7 shall be in lieu of all other regulations or registration, or licensing requirements, and passenger tramways shall not be construed to be common carriers with the meaning of the laws of this state.

Colorado Passenger Tramway Safety Board

Supervisory Tramway Engineer:

Jonathan R. Carrick, 1525 Sherman Street, Room 600A Denver, Colorado 80203

The list of qualified engineers for construction and design of ski lifts and tows will be updated each year by the Regional Forester and copies furnished to Forest Supervisors by June 30.


1012 - STATE AND LOCAL LAWS.

AN ACT

SENATE BILL NO. 203 BY SENATORS Bishop, Barnhill, H. Fowler, L. Fowler, Hatcher, Soach, Allshouse, Anderson, McCormick, and Noble; also REPRESENTATIVES Theos, Davoren, Fine, Herzberger, Hinman, Hudson, Lillpop, Marks, DeNier, Jones, and Winkler.

CONCERNING SKIING, AND ESTABLISHING RESPONSIBILITIES AND LIABILITIES OF SKIERS AND SKI AREA OPERATORS.


SECTION 1. Title 33, Colorado Revised Statutes 1973, as amended, is amended by the addition of a new article to read:

ARTICLE 44 Ski Safety and Liability

33-44-101. Short title. This article shall be known and may be cited as the "Ski Safety Act of 1979".

33-44-102. Legislative declaration. The general assembly hereby finds and declares that it is in the interest of the State of Colorado to establish reasonable safety standards for the operation of ski areas and for the skiers using them. Realizing the dangers that inhere in the sport of skiing, regardless of any and all reasonable safety measures which can be employed, the purpose of this article is to supplement the passenger tramway safety provisions of part 7 of article 5 of title 25, C.R.S. 1973; to further define the legal responsibilities of ski area operators and their agents and employees; to define the responsibilities of skiers using such ski areas; and to define the rights and liabilities existing between the skier and the ski area operator and between skiers.

33-44-103. Definitions. As used in this article, unless the context otherwise requires:

(1) "Base area lift" means any passenger tramway which skiers ordinarily use without first using some other passenger tramway.

(2) "Competitor" means a skier actually engaged in competition or in practice therefore with the permission of the ski area operator on any slope or trail or portion thereof designated by the ski area operator for the purpose of competition.

(3) "Conditions of ordinary visibility" means daylight and where applicable, nighttime in nonprecipitating weather.


(4) "Passenger" means any person who is lawfully using any passenger tramway. (5) "Passenger tramway" means a device as defined in section 25-5-702(4), C.R.S. 1973.

(6) "Ski area" means all ski slopes or trails and other places under the control of a ski area operator and administered as a single enterprise within this state.

(7) "Ski area operator" means "operator" as defined in section 25-5-702 (3), C.R.S. 1973, and any person, partnership, corporation, or other commercial entity having operational responsibility for any ski areas, including an agency of this State of a political subdivision thereof.

(8) "Skier" means any person utilizing a ski area for the purpose of skiing or for the purpose of sliding downhill on snow or ice on skis, a toboggan, a sled, a tube, a ski-bob, or any other device.

(9) "Ski slopes or trails" means those areas designated by the ski area operator to be used by skiers for any of the purposes enumerated in subsection (8) of this section. Such designation shall be set forth on trail maps, if provided, and designated by signs indicating to the skiing public the intent that such areas be used by skiers for the purpose of skiing. Nothing in this subsection (9) or in subsection (8) of this section, however, shall imply that ski slopes or trails may not be restricted for use by persons using skis only or for use by persons using any other device described in subsection (8) of this section.

33-44-104. Negligence - civil actions. (1) A violation of any requirement of this article shall, to the extent such violation causes injury to any person or damage to property, constitute negligence on the part of the person violating such requirement.

(2) A violation by a ski area operator of any requirement of this article or any rule or regulation promulgated by the passenger tramway safety board pursuant to section 25-5-710 (1) (a), C.R.S. 1973, shall, to the extent such violation causes injury to any person or damage to property, constitute negligence on the part of such operator.

(3) Notwithstanding the provisions of section 24-4-103 (5), C.R.S. 1973, all rules adopted or amended by the passenger tramway safety board on or after July 1, 1979, shall expire June 1 of the year following their adoption unless extended by the general assembly acting by bill. The general assembly, in its discretion, may postpone such expiration as often as necessary, but no such postponement shall exceed two years. All rules and amendments thereto shall be submitted pursuant to section 24-4-103 (8) (d), C.R.S. 1973.

33-44-105. Duties of passengers. (1) No passenger shall board a passenger tramway if he does not have sufficient physical dexterity, ability,


and knowledge to negotiate or use such facility safely or until such passenger has asked for and received information sufficient to enable him to use the equipment safely. A passenger is required to follow any written or verbal instructions that are given to him regarding the use of the passenger tramway.

(2) No passenger shall:

(a) Embark upon or disembark from a passenger tramway except at a designated area except in the event of a stoppage of the passenger tramway (and then only under the supervision of the operator) or unless reasonably necessary in the event of an emergency to prevent injury to the passenger or others;

(b) Throw or expel any object from any passenger tramway while riding on such device, except as permitted by the operator;

(c) Act, while riding on a passenger tramway, in any manner that may interfere with proper or safe operation of such passenger tramway;

(d) Engage in any type of conduct that may contribute to or cause injury to any person;

(e) Place in an uphill track of a J-bar, T-bar, platter pull, rope tow, or any other surface lift any object that could cause another skier to fall;

(f) Embark upon a passenger tramway marked as closed;

(g) Disobey any instructions posted in accordance with this article or any verbal instructions by the ski area operator regarding the proper or safe use of a passenger tramway unless such verbal instructions are contrary to this article or the rules promulgated under it, or contrary to posted instructions.

33-44-106. Duties of operators - signs. (1) Each ski area operator shall maintain a sign system with concise, simple, and pertinent information for the protection and instruction of passengers. Signs shall be prominently placed on each passenger tramway readable in conditions of ordinary visibility and, where applicable, adequately lighted for nighttime passengers. Signs shall be posted as follows:

(a) At or near the loading point of each passenger tramway, regardless of the type, advising that any person not familiar with the operation of the device shall ask the operator of the device for assistance and instruction;

(b) At the interior of each two-car and multicar passenger tramway, showing:


(I) The maximum capacity in pounds of the car and the maximum number of passengers allowed;

(II) Instructions for procedures in emergencies.

(c) In a conspicuous place at each loading area of two-car and multicar passenger tramways, stating the maximum capacity in pounds of the car and the maximum number of passengers allowed;

(d) At all chair lifts, stating the following:

(I) "Prepare to Unload", which shall be located not less than fifty feet ahead of the unloading area;

(II) "Keep Ski Tips Up", which shall be located ahead of any point where the skis may come in contact with a platform or the snow surface;

(III) "Unload Here", which shall be located at the point designated for unloading;

(IV) "Safety Gate", which shall be located where applicable;

(V) "Remove Pole Straps from Wrists", which shall be located prominently at each loading area;

(VI) "Check for Loose Clothing and Equipment", which shall be located before the "Prepare to Unload" sign.

(e) At all J-bars, T-bars, platter pulls, rope tows, and any other surface lift, stating the following:

(I) "Remove Pole Straps from Wrists", which shall be placed at or near the loading area;

(II) "Stay in Tracks", "Unload Here", and "Safety Gate", which shall be located where applicable;

(III) "Prepare to Unload", which shall be located not less than fifty feet ahead of each unloading area.

(f) Near the boarding area of all J-bars, T-bars, platter pulls, rope tows, and any other surface lift, advising passengers to check to be certain that clothing, scarves, and hair will not become entangled with the lift;

(g) At or near the boarding area of all lifts, regarding the requirements of section 33-44-109 (6).

(2) Other signs not specified by subsection (1) of this section may be posted at the discretion of the ski area operator.


(3) The ski area operator, before opening the passenger tramway to the public each day, shall inspect such passenger tramway for the presence and visibility of the signs required by subsection (1) of this section.

(4) The extent of the responsibility of the ski area operator under this section shall be to post and maintain such signs as are required by subsection (1) of this section in such condition that they may be viewed during conditions of ordinary visibility. Evidence that signs required by subsection (1) of this section were present, visible, and readable where required at the beginning of the passenger tramway operation on any given day raises a presumption that all passengers using said devices have seen and understood said signs.

33-44-107. Duties of ski area operators - signs required for skiers' information. (1) Each ski area operator shall maintain a sign and marking system as set forth in this section in addition to that required by section 33-44-106. All signs required by this section shall be maintained so as to be readable and recognizable under conditions of ordinary visibility.

(2) A sign shall be placed in such a position as to be recognizable as a sign to skiers proceeding to the uphill loading point of each base area lift depicting and explaining signs and symbols which the skier may encounter at the ski area as follows:

(a) The ski area's least difficult trails and slopes, designated by a green circle and the word "easiest";

(b) The ski area's most difficult trails and slopes, designated by a black diamond and the words "most difficult";

(c) The ski area's trails and slopes which have a degree of difficulty that falls between the green circle and the black diamond designation, designated by a blue square and the words "more difficult";

(d) Danger areas, designated by a red exclamation point inside a yellow triangle with a red band around the triangle and the word "Danger" printed beneath the emblem;

(e) Closed trails or slopes, designated by an octagonal-shaped sign with a red border around a white interior containing a lack figure in the shape of a skier with a black band running diagonally across the sign from the upper right-hand side to the lower left-hand side and with the word "Closed" printed beneath the emblem.

(3) If applicable, a sign shall be placed at or near the loading point of each passenger tramway, as follows:

"WARNING: This list services (most difficult) or (most difficult and more difficult) or (more difficult) slopes only."


(4) If a particular trail or slope or portion of a trail or slope is closed to the public by a ski area operator, such operator shall place a sign notifying the public of that fact at each identified entrance of each portion of the trail or slope involved. Alternatively, such a trail or slope or portion thereof may be closed with ropes or fences.

(5) The ski area operator shall place a sign at or near the beginning of each trail or slope, which sign shall contain the appropriate symbol of the relative degree of difficulty of that particular trail or slope as set forth by subsection (2) of this section. This requirement shall not apply to a slope or trail designated "easiest" which to a skier is substantially visible in its entirety under conditions of ordinary visibility prior to his beginning to ski the same.

(6) The ski area operator shall mark its ski area boundaries in a fashion readily visible to skiers under conditions of ordinary visibility. Where the owner of land adjoining a ski area closes all or part of his land and so advises the ski area operator, such portions of the boundary shall be signed as required by paragraph (e) of subsection (2) of this section. This requirement shall not apply in heavily wooded areas or other nonskiable terrain.

(7) The ski area operator shall mark hydrants, water pipes, and all other man-made structures on slopes and trails which are not readily visible to skiers under conditions of ordinary visibility from a distance of at least one hundred feet and shall cover such obstructions with a shock-absorbent material that will substantially lessen injuries. Any type of marker shall be sufficient, including but not limited to wooden poles, flags, or signs, if the marked is visible from a distance of one hundred feet and if the marker itself does not constitute a serious hazard to skiers.

33-44-108. Ski area operators - additional duties. (1) Any motorized snow-grooming vehicle shall be equipped with a light visible at anytime the vehicle is moving on or in the vicinity of a ski slope or trail.

(2) Whenever maintenance equipment is being employed to maintain or groom any ski slope or trail while such ski slope or trail is open to the public, the ski area operator shall place or cause to be placed a conspicuous notice to that effect at or near the top of that ski slope or trail.

(3) All snowmobiles operated on the ski slopes or trails of a ski area shall be equipped with at least the following: One lighted headlamp, one lighted red tail lamp, a brake system maintained in operable condition, and a fluorescent flag at least forty square inches mounted at least six feet above the bottom of the tracks.

(4) The ski area operator shall have no duty arising out of its status as a ski area operator to any skier skiing beyond the area boundaries marked as required by section 33-44-107 (6).


(5) The ski area operator, upon finding a person skiing in a careless and reckless manner, may revoke that person's skiing privileges.

33-44-109. Duties of skiers - penalties. (1) Each skier solely has the responsibility for knowing the range of his own ability to negotiate any ski slope or trail and to ski within the limits of such ability. (2) Each skier has the duty to maintain control of his speed and course at all times when skiing and to maintain a proper lookout so as to be able to avoid other skiers and objects. However, the primary duty shall be on the person skiing downhill to avoid collision with any person or objects below him.**It is presumed, unless shown to the contrary by a preponderance of the evidence, that the responsibility for collisions by skiers with any person, natural object, or man-made structure marked in accordance with section 33-44-107(7) is solely that of the skier or skiers involved and not that of the ski area operator.**

**This section was deleted by Senate Bill 90-80.

(3) No skier shall ski on a ski slope or trail that has been posted as "Closed" pursuant to section 33-44-107 (2) (e) and (4).

(4) Each skier shall stay clear of snow-grooming equipment, all vehicles, lift towers, signs, and any other equipment on the ski slopes and trails.

(5) Each skier has the duty to heed all posted information and other warnings and to refrain from acting in a manner which may cause or contribute to the injury of the skier or others. Each skier shall be presumed to have seen and understood all information posted in accordance with this article near base area lifts, on the passenger tramways, and on such ski slopes or trails as he is skiing. Under conditions of decreased visibility, the duty is on the skier to locate and ascertain the meaning of all signs posted in accordance with sections 33-44-106 and 33-44-107.

(6) Each ski used by a skier while skiing shall be equipped with a strap or other device capable of stopping the ski should the ski become unattached from the skier. This requirement shall not apply to cross country skis.

(7) No skier shall cross the uphill track of a J-bar, T-bar, platter pull, or rope tow except at locations designated by the operator; nor shall a skier place any object in such an uphill track.

(8) Before beginning to ski from a stationary position or before entering a ski slope or trail from the side, the skier shall have the duty of avoiding moving skiers already on the ski slope or trail.

(9) No person shall move uphill on any passenger tramway or use any ski slope or trail while such person's ability to do so is impaired by the


consumption of alcohol or by the use of any narcotic or other drug or while such person is under the influence of alcohol or any narcotic or other drug.


(10) No skier involved in a collision with another skier or person in which an injury results shall leave the vicinity of the collision before giving his name and current address to an employee of the ski area operator or a member of the voluntary ski patrol, except for the purpose of securing aid for a person injured in the collision; in which event the person so leaving the scene of the collision shall give his name and current address as required by this subsection (10) after securing such aid.

(11) No person shall knowingly enter upon public or private lands from an adjoining ski area when such land has been closed by its owner and so posted by the owner or by the ski area operator pursuant to section 33-44-107 (6).

(12) Any person who violates any of the provisions of subsection (3), (9), (10), or (11) of this section is guilty of a class 2 petty offense and, upon conviction thereof, shall be punished by a fine of not more than three hundred dollars.

33-44-110. Competition. (1) The ski area operator shall, prior to the beginning of a competition, allow each competitor a reasonable visual inspection of the course or area where the competition is to be held.

(2) The competitor shall be held to assume the risk of all course conditions including, but not limited to, weather and snow conditions, course construction or layout, and obstacles which a visual inspection should have revealed. No liability shall attach to a ski area operator for injury or death of any competitor approximately caused by such assumed risk.

33-44-111. Statute of limitation. All actions against any ski area operator or its employees brought to recover damages for injury to person or property caused by the maintenance, supervision, or operation of a passenger tramway or a ski area shall be brought within three years after the claim for relief arises and not thereafter.

SECTION 2. Effective date. This act shall take effect July 1, 1979.

SECTION 3. 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. /s/ Fred E. Anderson /s/ Robert F. BurfordFred E. Anderson Robert F. BurfordPRESIDENT OF THE SENATE SPEAKER OF THE HOUSE

OF REPRESENTATIVES /s/ Marjorie L. Rutenbeck /s/ Lorraine F. LombardiMarjorie L. Rutenbeck Lorraine F. LombardiSECRETARY OF THE SENATE CHIEF CLERK OF THE HOUSE OF REPRESENTATIVES


APPROVED May 5, 1979

/s/ Richard D. Lamm Richard D. Lamm GOVERNOR OF THE STATE OF COLORADO

AN ACT 1990

SENATE BILL 90-80.

BY SENATORS Bishop, Wattenberg, DeNier, Hopper, Schroeder, McCormick and Winkler;Also REPRESENTATIVES McInnis, Owen, Schauer, D. Williams, Anderson, Bledsoe, Chlouber, Entz, Fish, Foster, Gillis, Jerke, Martin, Masson, Ratterree, Shoemaker, Ulvang, and S. Williams CONCERNING LIMITATIONS ON LIABILITY IN CONNECTION WITH THE SPORT OF SKIING.


SECTION 1. Legislative declaration. The general assembly hereby finds and declares that the sport of skiing is practiced by a large number of residents of Colorado and attracts a large number of nonresidents, significantly contributing to the economy of this state. The general assembly further finds that, despite the passage of the "Ski Safety Act of 1979," ski area operators of this state continue to be subjected to claims and litigation involving accidents which occur during the course of the sport of snow skiing, which claims and litigation and threat thereof unnecessarily increase Colorado ski area operators' costs. The general assembly further finds that such increased costs are due, in part, to confusion under the "Ski Safety Act of 1979" as to whether a skier accepts and assumes the dangers and risks inherent in the sport of skiing. It is the purpose of this act, therefore, to clarify the law in relation to skiing injuries and the dangers and risks inherent in that sport, to establish as a matter of law that certain dangers and risks are inherent in that sport, and to provide that, as a matter of public policy, no person engaged in that sport shall recover from a ski area operator for injuries resulting from those inherent dangers and risks.

SECTION 2. 33-44-103 (8), Colorado Revised Statutes, 1984 Repl. Vol.is amended, and the said 33-44-103 is further amended BY THE ADDITION OF A NEW SUBSECTION, to read:

33-44-103. Definitions. (8) "Skier" means any person USING a ski area for the purpose of skiing; for the purpose of sliding downhill on snow or ice on skis, a toboggan, a sled, a tube, a ski-bob, A SNOWBOARD, or any other device; OR FOR THE PURPOSE OF USING ANY OF THE FACILITIES OF THE SKI AREA, INCLUDING BUT NOT LIMITED TO SKI SLOPES AND TRAILS.


(10) "Inherent dangers and risks of skiing" means those dangers or conditions which are an integral part of the sport of skiing, including Capital letters indicate new material added to existing statutes, dashesthrough words indicate deletions from existing statutes and such materialnot part of Act.changing weather conditions; snow conditions as they exist or may change, such as ice, hard pack, powder, packed powder, wind pack, corn, crust, slush, cut-up snow, and machine-made snow; surface or subsurface conditions such as bare spots, forest growth, rocks, stumps, streambeds, and trees, or other natural objects, and collisions with such natural objects; impact with lift towers, signs, posts, fences or enclosures, hydrants, water pipes, other man-made structures and their components; variations in steepness or terrain, whether natural or as a result of slope design, snowmaking or grooming operations, including but not limited to roads and catwalks or other terrain modifications; collisions with other skiers; and the failure of skiers to ski within their own abilities. The term "inherent dangers and risks of skiing" does not include the negligence of a ski area operator as set forth in section 33-44-104 (2). Nothing in this section shall be construed to limit the liability of the ski area operator for injury caused by the use or operation of ski lifts.

SECTION 3. 33-44-107 (2) (d) and (7). Colorado Revised Statutes, 1984 Repl. Vol., are amended, and the said 33-44-107 is further amended BY THE ADDITION OF A NEW SUBSECTION, to read:

33-44-107. Duties of ski area operators - signs and notices required ror skiers' information. (2) (d) Danger areas, designated by a red exclamation point inside a yellow triangle with a red band around the triangle and the word "Danger" printed beneath the emblem. DANGER AREAS DO NOT INCLUDE AREAS PRESENTING INHERENT DANGERS AND RISKS OF SKIING.

(7) The ski area operator shall mark hydrants, water pipes, and all other man-made structures on slopes and trails which are not readily visible to skiers under conditions of ordinary visibility from a distance of at least one hundred feet and shall ADEQUATELY AND APPROPRIATELY cover such obstructions with a shock-absorbent material that will lessen injuries. Any type of marker shall be sufficient, including, but not limited to wooden poles, flags, or signs, if the marker is visible from a distance of one hundred feet and if the marker itself does not constitute a serious hazard to skiers. VARIATIONS IN STEEPNESS OR TERRAIN, WHETHER NATURAL OR AS A RESULT OF SLOPE DESIGN OR SNOWMAKING OR GROOMING OPERATIONS, INCLUDING, BUT NOT LIMITED TO ROADS AND CATWALKS OR OTHER TERRAIN MODIFICATIONS, ARE NOT MAN-MADE STRUCTURES, AS THAT TERM IS USED IN THIS ARTICLE.


(8) (a) Each ski area operator shall post and maintain signs which contain the warning notice specified in paragraph (c) of this subsection (8). Such signs shall be placed in a clearly visible location at the ski area where the lift tickets and ski school lessons are sold and in such a position to be recognizable as a sign to skiers proceeding to the uphill loading point of each base area lift. Each sign shall be no smaller than three feet by three feet. Each sign shall be white with black and red letters as specified in this paragraph (a). The words "WARNING" shall appear on the sign in red letters. The warning notice specified in paragraph (c) of this subsection (8) shall appear on the sign in black letters, with each letter to be a minimum of one inch in height.PAGE 2-SENATE BILL 90-80

(b) Every ski lift ticket sold or made available for sale to skiers by any ski area operator shall contain in clearly readable print the warning notice specified in paragraph (c) of this subsection (8).

(c) The signs described in paragraph (a) of this subsection (8) and the lift tickets described in paragraph (b) of this subsection (3) shall contain the following warning notice:

WARNING

Under Colorado law, a skier assumes the risk of anyinjury to person or property resulting from any of the inherent dangers and risks of skiing and may not recoverfrom any ski area operator for any injury resulting from any of the inherent dangers and risks of skiing, including: changing weather conditions; existing and changing snowconditions; bare spots; rocks; stumps; trees; collisions withnatural objects; man-made objects, or other skiers; variationsin terrain; and the failure of skiers to ski within their own abilities.

SECTION 4. 33-44-108 (5), Colorado Revised Statutes, 1984 Repl. Vol., is amended to read:

33-44-108. Ski area operators - additional duties. (5) The ski area operator, upon finding a person skiing in a careless and reckless manner, may revoke that person's skiing privileges. THIS SUBSECTION (5) SHALL NOT BE CONSTRUED TO CREATE AN AFFIRMATIVE DUTY ON THE PART OF THE SKI AREA OPERATOR TO PROTECT SKIERS FROM THEIR OWN OR FROM ANOTHER SKIER'S CARELESSNESS OR RECKLESSNESS.

SECTION 5. 33-44-109 (1) and (2), Colorado Revised Statutes, 1984 Repl. Vol, are amended to read:


33-44-109. Duties of skiers - penalties. (1) Each skier solely has the responsibility for knowing the range of his own ability to negotiate any ski slope or trail and to ski within the limits of such ability. EACH SKIER EXPRESSLY ACCEPTS AND ASSUMES THE RISK OF AND ALL LEGAL RESPONSIBILITY FOR ANY INJURY TO PERSON OR PROPERTY RESULTING FROM ANY OF THE INHERENT DANGERS AND RISKS OF SKIING; EXCEPT THAT A SKIER IS NOT PRECLUDED UNDER THIS ARTICLE FROM SUING ANOTHER SKIER FOR ANY INJURY TO PERSON OR PROPERTY RESULTING FROM SUCH OTHER SKIER'S ACTS OR OMISSIONS. NOTWITHSTANDING ANY PROVISION OF LAW OR STATUTE TO THE CONTRARY. THE RISK OF A SKIER/SKIER COLLISION IS NEITHER AN INHERENT RISK NOR A RISK ASSUMED BY A SKIER IN AN ACTION BY ONE SKIER AGAINST ANOTHER.

(2) Each skier has the duty to maintain control of his speed and course at all times when skiing and to maintain a proper lookout so as to be able to avoid other skiers and objects. However, the primary duty shall be on the person skiing downhill to avoid collision with any person or objects below him. It is presumed, unless shown to the contrary by a preponderance of the evidence, that the responsibility for collisions by skiers with any person, natural object, or man-made structure marked in accordance with section 33-44-107 (7) is solely that of the skier or skiers involved and not that of the ski area operator.

SECTION 6. 33-44-111, Colorado Revised Statutes, 1984 Repl. Vol., is amended to read:

33-44-111. Statute of limitation. All actions against any ski area operator or its employees brought to recover damages for injury to person or property caused by the maintenance, supervision, or operation of a passenger tramway or a ski area shall be brought within TWO years after the claim for relief arises, and not thereafter.

SECTION 7. Article 44 of title 33, Colorado Revised Statutes, 1984 Repl. Vol., is amended BY THE ADDITION OF THE FOLLOWING NEW SECTIONS to read:

33-44-112. Limitation on actions for injury resulting from inherent dangers and risks of skiing. Notwithstanding any judicial decision or any other law or statute to the contrary, including but not limited to sections 13-21-111 and 13-21-111.7. C.R.S., no skier may make any claim against or recover from any ski area operator for injury resulting from any of the inherent dangers and risks of skiing.


33-44-113. Limitation of liability. The total amount of damages which may be recovered from a ski area operator by a skier who uses a ski area for the purpose of skiing or for the purpose of sliding downhill on snow or ice on skis, a toboggan, a sled, a tube, a ski-bob, a snowboard, or any other device and who is injured, excluding those associated with an injury occurring to a passenger while riding on a passenger tramway, shall not exceed one million dollars, present value, including any derivative claim by any other claimant, which shall not exceed two hundred fifty thousand dollars, present value, and including any claim attributable to noneconomic loss or injury, as defined in sections 13-21-102.5 (2) (a) and (2) (b), C.R.S., whether past damages, future damages, or a combination of both, which shall not exceed two hundred fifty thousand dollars. If, upon good cause shown, the court determines that the present value of the amount of lost past earnings and the present value of lost future earnings, or the present value of past medical and other health care costs and the present value of the amount of future medical and other health care costs, or both, when added to the present value of other past damages and the present value of other future damages, would exceed such limitation and that the application of such limitation would be unfair, the court may award damages in excess of the limitation equal to the present value of additional future damages, but only for the loss of such excess future earnings, or such excess future medical and other health care costs, or both. For purposes of this section, "present value" has the same meaning as that set forth in section 13-64-202 (7), C.R.S., and "past damages" has the same meaning as that set forth in section 13-64-202 (6), C.R.S. The existence of the limitations and exceptions thereto provided in this section shall not be disclosed to a jury.

33-44-114. Inconsistent law or statute. Insofar as any provision of law or statute is inconsistent with the provisions of this article, this article controls.

SECTION 8. 13-21-108, Colorado Revised Statutes, 1987 Repl. Vol., is amended BY THE ADDITION OF A NEW SUBSECTION to read:

13-21-108. Persons rendering emergency assistance exempt from civil liability. (3) Any person, including a licensed physician, surgeon, or other medical personnel, while acting as a volunteer member of a ski patrol or ski area rescue unit, notwithstanding the fact that such person may receive free skiing privileges or other benefits as a result of his volunteer status, who in good faith renders emergency care or assistance without other compensation at the place of an emergency or accident shall not be liable for any civil damages for acts or omissions in good faith.

SECTION 9. Severability. If any provision of this article or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the article which can be given effect without the invalid provision or application, and to this end the provisions of this article are declared to be severable.


SECTION 10. Effective date - applicability. This act shall take effect July 1, 1990, and shall apply to all civil actions filed on or after said date.

SECTION 11. 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. /s/ Ted. L. Strickland /s/ Carl B. BledsoeTed L. Strickland Carl B. BledsoePRESIDENT OF THE SENATE SPEAKER OF THE HOUSE

OF REPRESENTATIVES

/s/ Joan M. Aibi /s/ Lee C. Bahrych Joan M. Aibi Lee C. BahrychSECRETARY OF THE SENATE CHIEF CLERK OF THE HOUSE

OF REPRESENTATIVES

APPROVED May 1, 1990 at 8:56 a.m.

/s/ Roy Romer Roy RomerGOVERNOR OF THE STATE OF COLORADO

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