Colorado Passenger Tramway Act
Posted: March 30, 2016 Filed under: Colorado, Skiing / Snow Boarding | Tags: Chair Lift, Colorado Tramway Act, Palma Lift, Rope Tow, Ski lift, Tramway, Tramway Board Leave a commentCOLORADO REVISED STATUTES
TITLE 25. HEALTH
PRODUCTS CONTROL AND SAFETY
ARTICLE 5.PRODUCTS CONTROL AND SAFETY
PART 7. PASSENGER TRAMWAY SAFETY
25-5-701. Legislative declaration
25-5-703. Passenger tramway safety board – composition – termination
25-5-703.5. Board subject to termination – repeal of article. (Repealed)
25-5-704. Powers and duties of board
25-5-705. Responsibilities of area operators
25-5-706. Disciplinary action – administrative sanctions – grounds
25-5-707. Orders – enforcement
25-5-708. Disciplinary proceedings
25-5-709. Passenger tramway licensing required
25-5-710. Application for new construction or major modification
25-5-711. Application for licensing
25-5-712. Licensing of passenger tramways
25-5-713. Licensing and certification fees
25-5-714. Disposition of fees and fines
25-5-715. Inspections and investigations – costs – reports
25-5-717. Provisions in lieu of others
25-5-718. Governmental immunity – limitations on liability
25-5-719. Independent contractors – no general immunity
25-5-720. Confidentiality of reports and other materials
C.R.S. 25-5-701 (2015)
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 passenger tramways and to assure that reasonable design and construction are used for, that accepted safety devices and sufficient personnel are provided for, and that periodic inspections and adjustments are made which are deemed essential to the safe operation of, passenger tramways.
HISTORY: Source: L. 65: p. 709, § 1. C.R.S. 1963: § 66-25-1.L. 76: Entire section amended, p. 660, § 1, effective May 27.L. 77: Entire section amended, p. 1288, § 2, effective July 1.L. 83: Entire section amended, p. 1071, § 1, effective May 25.L. 93: Entire section amended, p. 1533, § 3, effective July 1.
Cross references: For agricultural and animal products standards, see title 35; for automotive products standards, see parts 8 and 9 of article 20 of title 8.
ANNOTATION
Law reviews. For article, “Ski Injury Liability”, see 43 U. Colo. L. Rev. 307 (1972). For article, “Changes in Colorado Ski Law”, see 13 Colo. Law. 407 (1984). For article, “The Development of the Standard of Care in Colorado Ski Cases”, see 15 Colo. Law. 373 (1986).
Neither this act nor the Ski Safety Act of 1979 (article 44 of title 33, C.R.S.) preempts or supersedes the common law standard of care applicable to ski lift operators, to use the highest degree of care commensurate with the practical operation of the lift, regardless of the season. The general assembly did not intend for the regulations adopted by the board to preclude common law negligence actions against ski lift operators or the duty to exercise the highest degree of care. Bayer v. Crested Butte Mountain Resort, 960 P.2d 70 (Colo. 1998).
25-5-702. Definitions
As used in this part 7, unless the context otherwise requires:
(1) “Area operator” means a person who owns, manages, or directs the operation and maintenance of a passenger tramway. “Area operator” may apply to the state or any political subdivision or instrumentality thereof.
(1.5) “Board” means the passenger tramway safety board created by section 25-5-703.
(1.7) “Commercial recreational area” means an entity using passenger tramways to provide recreational opportunities to the public for a fee.
(2) “Industry” means the activities of all those persons in this state who own, manage, or direct the operation of passenger tramways.
(3) “License” means the formal, legal, written permission of the board to operate a passenger tramway.
(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, but is not limited to, the following devices:
(a) Fixed-grip lifts. “Fixed-grip lift” means an aerial lift on which carriers remain attached to a haul rope. The tramway system may be either continuously or intermittently circulating, and may be either monocable or bicable.
(b) Detachable-grip lifts. “Detachable-grip lift” means an aerial lift on which carriers alternately attach to and detach from a moving haul rope. The tramway system may be monocable or bicable.
(c) Funiculars. “Funicular” means a device in which a passenger car running on steel or wooden tracks is attached to and propelled by a steel cable, and any similar devices.
(d) Chair lifts. “Chair lift” means a type of transportation on which passengers are carried on chairs suspended in the air and attached to a moving cable, chain, or link belt supported by trestles or towers with one or more spans, and any similar devices.
(e) Surface lifts. “Surface lift” means a J-bar, T-bar, or platter pull and any similar types of devices or means of transportation 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 tows. “Rope tow” means a type of transportation which pulls the skier riding on skis as the skier grasps the rope manually, and any similar devices.
(g) Portable aerial tramway devices. “Portable aerial tramway device” means any device designed for temporary use and operation, without permanent foundations, in changing or variable locations, with a capacity of less than five persons, which transports equipment or personnel, and is not used or intended to be used by the general public.
(h) Portable tramway devices. “Portable tramway device” means any device designed to be used and operated as a rope tow or surface lift without permanent foundations and intended for temporary use in changing or variable locations, when used within the boundary of a recognized ski area.
(i) Private residence tramways. “Private residence tramway” means a device installed at a private residence or installed in multiple dwellings as a means of access to a private residence in such multiple dwelling buildings, so long as the tramway is so installed that it is not accessible to the general public or to other occupants of the building.
(j) Reversible aerial tramways. “Reversible aerial tramway” means a device on which passengers are transported in cable-supported carriers and are not in contact with the ground or snow surface, and in which the carriers reciprocate between terminals.
(k) Conveyors. “Conveyor” means a type of transportation by which skiers, or passengers on recreational devices, are transported uphill on top of a flexible, moving element such as a belt or a series of rollers.
(4.5) “Program administrator” means the person who manages the board’s offices on a day-to-day basis and works with the supervisory tramway engineer and the board in implementing the policies, decisions, and orders of the board.
(5) “Qualified tramway design engineer” or “qualified tramway construction engineer” means an engineer licensed by the state board of licensure for architects, professional engineers, and professional land surveyors pursuant to part 1 of article 25 of title 12, C.R.S., to practice professional engineering in this state.
(6) “Staff” means the program administrator, the supervisory tramway engineer, and their clerical staff.
(7) “Supervisory tramway engineer” means the tramway engineer who works with the program administrator and the board in implementing the policies, decisions, and orders of the board.
HISTORY: Source: L. 65: p. 709, § 1. C.R.S. 1963: § 66-25-2.L. 76: (1) and (4)(c) amended and (1.5) and (5) added, p. 661, § 2, effective May 27.L. 83: (5) amended, p. 1072, § 2, effective May 25.L. 93: (1), (3), and (4) amended and (1.7), (4.5), (6), and (7) added, p. 1533, § 4, effective July 1.L. 2001: (4)(k) added, p. 118, § 3, effective July 1.L. 2004: (5) amended, p. 1311, § 57, effective May 28.L. 2006: (5) amended, p. 743, § 11, effective July 1.
25-5-703. Passenger tramway safety board – composition – termination
(1) There is hereby created a passenger tramway safety board of six appointive members and one member designated by the United States forest service. The appointive members shall be appointed by the governor from persons representing the following interests: Two members to represent the industry or area operators; two members to represent the public at large; one member who is a licensed professional engineer not employed by a ski area or related industry; and one member familiar with or experienced in the tramway industry who may represent the passenger tramway manufacturing or design industry or an area operator. 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 and relevant involvement in the design, manufacture, or operation of passenger tramways or as a result of extensive and relevant involvement in related activities. The governor, in making such appointments, shall consider recommendations made to him or her by the membership of the particular interest from which the appointments are to be made.
(2) Each of the appointed members shall be appointed for a term of four years and until a successor is appointed and qualified and no board member shall serve more than two consecutive four-year terms. A former board member may be reappointed to the board after having vacated the board for one four-year term. Vacancies on the board, for either an unexpired term or for a new term, shall be filled through prompt appointment by the governor. The member of the board designated by the United States forest service shall serve for such period as such federal agency shall determine and shall serve without compensation or reimbursement of expenses.
(3) The governor may remove any member of the board for misconduct, incompetence, or neglect of duty.
(4) Board members appointed by the governor shall have been residents of this state for at least three years.
(5) No member of the board who has any form of conflict of interest or the potential thereof shall participate in consideration of the deliberations on matters to which 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.
(6) A majority of the board shall constitute a quorum. When necessary, the board may conduct business telephonically during a public meeting for purposes of obtaining a quorum, facilitating the participation of members in remote locations, or both.
(7) The provisions of section 24-34-104, C.R.S., 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 this section.
HISTORY: Source: L. 65: p. 711, § 1. C.R.S. 1963: § 66-25-3.L. 76: Entire section amended, p. 661, § 3, effective May 27.L. 77: Entire section amended, p. 1289, § 3, effective July 1.L. 93: Entire section amended, p. 1535, § 5, effective July 1.L. 2001: (1) amended, p. 119, § 4, effective July 1.L. 2008: (1) amended, p. 369, § 4, effective July 1.
ANNOTATION
Law reviews. For article, “Ski Injury Liability”, see 43 U. Colo. L. Rev. 307 (1972).
25-5-703.5. Board subject to termination – repeal of article. (Repealed)
HISTORY: Source: L. 76: Entire section added, p. 627, § 39, effective July 1.L. 91: Entire section amended, p. 688, § 56, effective April 20.L. 93: Entire section repealed, p. 1536, § 6, effective July 1.
25-5-704. Powers and duties of board
(1) The board has the following powers and duties in addition to those otherwise described by this part 7:
(a) To promulgate, amend, and repeal such rules as may be necessary and proper to carry out the provisions of this article. In adopting such rules, the board may use as general guidelines the standards contained in the “American National Standard for Passenger Ropeways – Aerial Tramways and Aerial Lifts, Surface Lifts, Tows, and Conveyors – Safety Requirements”, as adopted by the American national standards institute, incorporated, as amended from time to time. Such rules shall not be discriminatory in their application to area operators and procedures of the board with respect thereto shall be as provided in section 24-4-103, C.R.S., with respect to rule-making.
(b) To investigate matters relating to the exercise and performance of the powers and duties of the board;
(c) To receive complaints concerning violations of this part 7;
(d) To conduct meetings, hold hearings, and take evidence in all matters relating to the exercise and performance of the powers and duties of the board, subpoena witnesses, administer oaths, and compel the testimony of witnesses and the production of books, papers, and records relevant to the subject inquiry. The program administrator may issue subpoenas on behalf of the board at the board’s direction. If any person refuses to obey any subpoena so issued, the board may petition the district court, setting forth the facts, and thereupon the court in a proper case shall issue its subpoena. The board may appoint an administrative law judge pursuant to part 10 of article 30 of title 24, C.R.S., to take evidence and to make findings and report them to the board. The board may elect to hear the matter itself with the assistance of an administrative law judge, who shall rule on the evidence and otherwise conduct the hearing in accordance with the “State Administrative Procedure Act”, article 4 of title 24, C.R.S.
(e) To discipline area operators in accordance with this part 7;
(f) To approve and renew licenses in accordance with this part 7;
(g) To elect officers;
(h) To establish standing or temporary technical and safety committees composed of persons with expertise in tramway-related fields to review, as the board deems necessary, the design, construction, maintenance, and operation of passenger tramways and to make recommendations to the board concerning their findings. Committees established pursuant to this paragraph (h) shall meet as deemed necessary by the board or the supervisory tramway engineer.
(i) To collect fees, established pursuant to section 24-34-105, C.R.S., for any application for a new construction or major modification, for any application for licensing, and for inspection and accident investigations;
(j) To cause the prosecution and enjoinder of all persons violating such provisions and to incur the necessary expenses thereof;
(k) To delegate duties to the program administrator;
(l) To keep records of its proceedings and of all applications.
HISTORY: Source: L. 65: p. 711, § 1. C.R.S. 1963: § 66-25-4.L. 77: Entire section amended, p. 1289, § 4, effective July 1.L. 79: Entire section amended, p. 912, § 15, effective July 1.L. 93: Entire section amended, p. 1536, § 7, effective July 1.L. 2001: (1)(a) and (1)(i) amended, p. 119, § 5, effective July 1.
25-5-705. Responsibilities of area operators
The primary responsibility for design, construction, maintenance, operation, and inspection rests with the area operators of passenger tramway devices.
HISTORY: Source: L. 65: p. 711, § 1. C.R.S. 1963: § 66-25-5.L. 76: Entire section amended, p. 661, § 4, effective May 27.L. 93: Sections 25-5-705 to 25-5-719 R&RE, p. 1538, § 8, effective July 1.
25-5-706. Disciplinary action – administrative sanctions – grounds
(1) Disciplinary action of the board pursuant to this section shall be taken in accordance with the “State Administrative Procedure Act”, article 4 of title 24, C.R.S.
(2) Disciplinary action of the board may be imposed as an alternative to or in conjunction with the issuance of orders or the pursuit of other remedies provided by section 25-5-707 or 25-5-716, and may consist of any of the following:
(a) Denial, suspension, revocation, or refusal to renew the license of any passenger tramway. The board may summarily suspend a license pursuant to the authority granted by this part 7 or article 4 of title 24, C.R.S.
(b) (I) When a complaint or investigation discloses an instance of misconduct that, in the opinion of the board, does not warrant formal action by the board but that should not be dismissed as being without merit, issuance and sending of a letter of admonition, by certified mail, to the area operator.
(II) When a letter of admonition is sent by the board, by certified mail, to an area operator such area operator shall be advised that he or she has the right to request in writing, within twenty days after receipt of the letter, that formal disciplinary proceedings be initiated to adjudicate the propriety of the conduct upon which the letter of admonition is based.
(III) If the request for adjudication is timely made, the letter of admonition shall be deemed vacated and the matter shall be processed by means of formal disciplinary proceedings.
(c) Assessment of a fine, not to exceed ten thousand dollars per act or omission or, in the case of acts or omissions found to be willful, fifty thousand dollars per act or omission, against any area operator;
(d) Imposition of reasonable conditions upon the continued licensing of a passenger tramway or upon the suspension of further disciplinary action against an area operator.
(3) The board may take disciplinary action for any of the following acts or omissions:
(a) Any violation of the provisions of this part 7 or of any rule or regulation of the board promulgated pursuant to section 25-5-704 when the act or omission upon which the violation is based was known to, or reasonably should have been known to, the area operator;
(b) Violation of any order of the board issued pursuant to provisions of this part 7;
(c) Failure to report any incident or accident to the board as required by any provision of this part 7 or any rule or regulation of the board promulgated pursuant to section 25-5-704 when the incident or accident was known to, or reasonably should have been known to, the area operator;
(d) Willful or wanton misconduct in the operation or maintenance of a passenger tramway;
(e) Operation of a passenger tramway while a condition exists in the design, construction, operation, or maintenance of the passenger tramway which endangers the public health, safety, or welfare, which condition was known, or reasonably should have been known, by the area operator;
(f) Operation of a passenger tramway by an operator whose license has been suspended;
(g) Failure to comply with an order issued under section 25-5-707 or 25-5-716.
HISTORY: Source: L. 65: p. 711, § 1. C.R.S. 1963: § 66-25-6.L. 86: Entire section amended, p. 974, § 1, effective April 3.L. 93: Sections 25-5-705 to 25-5-719 R&RE, p. 1538, § 8, effective July 1.L. 2004: (2)(b) amended, p. 1863, § 123, effective August 4.L. 2006: (3)(f) and (3)(g) added, p. 96, § 64, effective August 7.
25-5-707. Orders – enforcement
(1) 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 design, construction, operation, or maintenance endangering the safety of the public, it shall forthwith issue its written order setting forth its findings and the corrective action to be taken and fixing a reasonable time for compliance therewith. Such order shall be served upon the area operator involved in accordance with the Colorado rules of civil procedure or the “State Administrative Procedure Act”, article 4 of title 24, C.R.S., and shall become final unless the area operator applies to the board for a hearing in the manner provided in section 24-4-105, C.R.S.
(2) If any area operator fails to comply with a lawful order of the board issued under this section within the time fixed thereby, the board may take further action as permitted by sections 25-5-706 and 25-5-716 and may commence an action seeking injunctive relief in the district court of the judicial district in which the relevant passenger tramway is located.
(3) Any person who violates an order issued pursuant to this section shall be subject to a civil penalty of not more than five thousand dollars for each day during which such violation occurs.
(4) Any area operator who operates a passenger tramway which has not been licensed by the board or the license of which has been suspended, or who fails to comply with an order issued under this section or section 25-5-716, commits a class 3 misdemeanor and shall be punished as provided in section 18-1.3-501, C.R.S. Fines collected pursuant to this section shall be deposited in the general fund of the state.
HISTORY: Source: L. 65: p. 711, § 1. C.R.S. 1963: § 66-25-7.L. 86: (3) and (4) amended, p. 974, § 2, effective April 3.L. 93: Sections 25-5-705 to 25-5-719 R&RE, p. 1539, § 8, effective July 1.L. 2002: (4) amended, p. 1537, § 268, effective October 1.
25-5-708. Disciplinary proceedings
(1) The board may investigate all matters which present grounds for disciplinary action as specified in this part 7.
(2) Disciplinary hearings shall be conducted by the board or by an administrative law judge in accordance with section 25-5-704 (1) (d).
(3) Any person aggrieved by a final action or order of the board may appeal such action to the Colorado court of appeals in accordance with section 24-4-106 (11), C.R.S.
HISTORY: Source: L. 65: p. 712, § 1. C.R.S. 1963: § 66-25-8.L. 67: p. 200, § 1.L. 76: (1) amended and (2) added, p. 662, § 6, effective May 27.L. 77: (1) amended, p. 1290, § 6, effective July 1.L. 79: Entire section R&RE, p. 1661, § 120, effective July 19.L. 83: (2) repealed, p. 1073, § 6, effective May 25.L. 93: Sections 25-5-705 to 25-5-719 R&RE, p. 1540, § 8, effective July 1.
25-5-709. Passenger tramway licensing required
(1) The state, through the board, shall license all passenger tramways, unless specifically exempted by law, establish reasonable standards of design and operational practices, and cause to be made such inspections as may be necessary in carrying out the provisions of this section.
(2) A passenger tramway shall not be operated in this state unless it has been licensed by the board. No new passenger tramway shall be initially licensed in this state unless its design and construction have been certified to this state as complying with the rules and regulations of the board promulgated pursuant to section 25-5-704. Such certification shall be made by a qualified tramway design engineer or a qualified tramway construction engineer, whichever the case requires.
(3) The board shall have no jurisdiction over the construction of a new private residence tramway or over any modifications to an existing private residence tramway when such tramway is not used, or intended to be used, by the general public.
(4) The board shall have no jurisdiction over a portable aerial tramway device.
(5) The board shall have no jurisdiction over a portable tramway device when such tramway device is not used, or intended to be used, by the general public.
HISTORY: Source: L. 65: p. 712, § 1. C.R.S. 1963: § 66-25-9.L. 73: p. 1373, § 29.L. 79: Entire section amended, p. 1661, § 121, effective July 19.L. 93: Sections 25-5-705 to 25-5-719 R&RE, p. 1540, § 8, effective July 1.L. 2001: (3) and (5) amended, p. 119, § 6, effective July 1.
25-5-710. 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 major modification has been made to the board and a permit therefor has been issued by the board.
HISTORY: Source: L. 65: p. 712, § 1. C.R.S. 1963: § 66-25-10.L. 67: p. 200, § 2;L. 76: (1)(f) amended and (1)(g) added, p. 662, § 7, effective May 27;L. 77: (1)(b) amended, p. 308, § 14, effective June 10; (1)(h), (1)(i), and (2) added, p. 1290, § § 8, 7, effective July 1.L. 79: (1)(i) amended, p. 1661, § 122, effective July 19;L. 83: (1)(f) amended and (1)(g) repealed, pp. 1072, 1073, § § 5, 6, effective May 25;L. 86: (1)(a) to (1)(c) amended, p. 975, § 3, effective April 3.L. 87: (1)(b) amended, p. 971, § 83, effective March 13.L. 88: (1)(h) amended, p. 317, § 11, effective April 14.L. 91: (1)(a) amended, p. 1917, § 40, effective June 1.L. 93: Sections 25-5-705 to 25-5-719 R&RE, p. 1540, § 8, effective July 1.
ANNOTATION
Law reviews. For note, “Exculpatory Clauses and Public Policy: A Judicial Dilemma”, see 53 U. Colo. L. Rev. 793 (1982).
25-5-711. Application for licensing
Each year, every area operator of a passenger tramway shall apply to the board, in such form as the board shall designate, for licensing of the passenger tramways which such area operator owns or manages or the operation of which such area operator directs. The application shall contain such information as the board may reasonably require in order for it to determine whether the passenger tramway sought to be licensed by such area operator complies 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 25-5-704.
HISTORY: Source: L. 65: p. 713, § 1. C.R.S. 1963: § 66-25-11.L. 77: Entire section amended, p. 637, § 5, effective July 1; entire section amended, p. 1291, § 9, effective July 1.L. 86: Entire section amended, p. 975, § 4, effective April 3.L. 93: Sections 25-5-705 to 25-5-719 R&RE, p. 1540, § 8, effective July 1.
25-5-712. Licensing of passenger tramways
(1) The board shall issue to the applying area operator without delay licensing certificates for each passenger tramway owned, managed, or the operation of which is directed by such area operator when the board is satisfied:
(a) That the facts stated in the application are sufficient to enable the board to fulfill its duties under this part 7; and
(b) That each such passenger tramway sought to be licensed has been inspected by an inspector designated by the board according to procedures established by the board and that such inspection disclosed no unreasonable safety hazard and no violations of the provisions of this part 7 or the rules and regulations of the board promulgated pursuant to section 25-5-704.
(2) In order to satisfy itself that the conditions described in subsection (1) of this section have been fulfilled, the board may cause to be made such inspections described in section 25-5-715 as it may reasonably deem necessary.
(3) Repealed.
(4) Licenses shall expire on dates established by the board.
(5) Each area operator shall cause the licensing certificate, or a copy thereof, for each passenger tramway thus licensed to be displayed prominently at the place where passengers are loaded thereon.
HISTORY: Source: L. 65: p. 714, § 1. C.R.S. 1963: § 66-25-12.L. 77: Entire section amended, p. 1291, § 10, effective July 1.L. 86: Entire section amended, p. 976, § 5, effective April 3.L. 93: Sections 25-5-705 to 25-5-719 R&RE, p. 1541, § 8, effective July 1.L. 2001: (3) repealed, p. 120, § 7, effective July 1.
25-5-713. Licensing and certification fees
The application for new construction or major modification and the application for licensing shall be accompanied by a fee established pursuant to section 24-34-105, C.R.S.
HISTORY: Source: L. 65: p. 714, § 1. C.R.S. 1963: § 66-25-13.L. 77: Entire section amended, p. 1291, § 11, effective July 1.L. 86: Entire section amended, p. 976, § 6, effective April 6.L. 93: Sections 25-5-705 to 25-5-719 R&RE, p. 1541, § 8, effective July 1.L. 2001: Entire section amended, p. 120, § 8, effective July 1.
25-5-714. Disposition of fees and fines
(1) 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 pursuant to section 24-34-105, C.R.S., and the general assembly shall make annual appropriations pursuant to said section 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.
(2) Fines collected pursuant to section 25-5-707 shall be deposited in the general fund of the state.
HISTORY: Source: L. 65: p. 714, § 1. C.R.S. 1963: § 66-25-14.L. 93: Sections 25-5-705 to 25-5-719 R&RE, p. 1541, § 8, effective July 1.L. 2006: Entire section amended, p. 96, § 65, effective August 7.
25-5-715. Inspections and investigations – costs – reports
(1) The board may cause to be made such inspection of the design, construction, operation, and maintenance of passenger tramways as the board may reasonably require.
(2) Such inspections shall include, at a minimum, two inspections per year or per two thousand hours of operation, whichever occurs first, of each passenger tramway, one of which inspections shall be during the high use season and shall be unannounced, and shall be carried out under contract by independent contractors selected by the board or by the supervisory tramway engineer. Additional inspections may be required by the board if the area operator does not, in the opinion of the board, make reasonable efforts to correct any deficiencies identified in any prior inspection or if the board otherwise deems such additional inspections necessary. 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.
(3) The board may employ independent contractors 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 area 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 such personnel for such services and for the actual expenses of each inspection.
(4) The board may cause an investigation to be made in response to an accident or incident involving a passenger tramway, as the board may reasonably require. The board may employ independent contractors to make such investigations for reasonable fees plus expenses. The expenses incurred by the board in connection with the conduct of investigations provided for in this part 7 shall be paid in the first instance by the board, and thereafter one or more area operators may be billed for work performed pursuant to subsection (3) of this section.
(5) If, as the result of an inspection, it is found that a violation of the board’s rules and regulations exists, or a condition in passenger tramway design, construction, operation, or maintenance exists, endangering the safety of the public, an immediate report shall be made to the board for appropriate investigation and order.
HISTORY: Source: L. 65: p. 714, § 1. C.R.S. 1963: § 66-25-15.L. 86: Entire section amended, p. 976, § 7, effective April 3.L. 93: Sections 25-5-705 to 25-5-719 R&RE, p. 1542, § 8, effective July 1.
25-5-716. 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 area 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 by the supervisory tramway engineer, any member of the board, or as provided by the Colorado rules of civil procedure or the “State Administrative Procedure Act”, article 4 of title 24, C.R.S. Such service shall be made upon the area operator or the area operator’s 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 this part 7 as may be appropriate.
HISTORY: Source: L. 65: p. 714, § 1. C.R.S. 1963: § 66-25-16.L. 93: Sections 25-5-705 to 25-5-719 R&RE, p. 1543, § 8, effective July 1.
25-5-717. Provisions in lieu of others
The provisions for regulation, registration, and licensing of passenger tramways and the area 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 within the meaning of the laws of this state.
HISTORY: Source: L. 65: p. 715, § 1. C.R.S. 1963: § 66-25-17.L. 77: Entire section amended, p. 1292, § 13, effective July 1.L. 85: Entire section amended, p. 411, § 23, effective July 1.L. 93: Sections 25-5-705 to 25-5-719 R&RE, p. 1543, § 8, effective July 1.
ANNOTATION
Even though a ski lift operator is not a common carrier, the attendant circumstances of operating a ski lift demand that the ski lift operator be held to the highest degree of care commensurate with the practical operation of the lift. Bayer v. Crested Butte Mountain Resort, 960 P.2d 70 (Colo. 1998).
25-5-718. Governmental immunity – limitations on liability
The board, any member of the board, any person on the staff of the board, any technical advisor appointed by the board, any member of an advisory committee appointed by the board, and any independent contractor hired to perform or acting as a state tramway inspector on behalf of the board with whom the board contracts for assistance shall be provided all protections of governmental immunity provided to public employees by article 10 of title 24, C.R.S., including but not limited to the payment of judgments and settlements, the provision of legal defense, and the payment of costs incurred in court actions. These protections shall be provided to the board, board members, staff, technical advisors, committee members, and independent contractors hired to perform or acting as a state tramway inspector on behalf of the board only with regard to actions brought because of acts or omissions committed by such persons in the course of official board duties.
HISTORY: Source: L. 65: p. 715, § 1. C.R.S. 1963: § 66-25-18.L. 93: Sections 25-5-705 to 25-5-719 R&RE, p. 1543, § 8, effective July 1.
ANNOTATION
Law reviews. For article, “Ski Injury Liability”, see 43 U. Colo. L. Rev. 307 (1972).
25-5-719. Independent contractors – no general immunity
The provisions of section 25-5-718 shall be construed as a specific exception to the general exclusion of independent contractors hired to perform or acting as a state tramway inspector on behalf of the board from the protections of governmental immunity provided in article 10 of title 24, C.R.S.
HISTORY: Source: L. 86: Entire section added, p. 977, § 8, effective April 3.L. 93: Sections 25-5-705 to 25-5-719 R&RE, p. 1543, § 8, effective July 1.
25-5-720. Confidentiality of reports and other materials
(1) Reports of investigations conducted by an area operator or by a private contractor on an area operator’s behalf and filed with the board or the board’s staff shall be presumed to be privileged information exempt from public inspection under section 24-72-204 (3) (a) (IV), C.R.S., except as may be ordered by a court of competent jurisdiction.
(2) Except as otherwise provided in subsection (1) of this section, all information in the possession of the board’s staff and all final reports to the board shall be open to public inspection in accordance with part 2 of article 72 of title 24, C.R.S.
HISTORY: Source: L. 93: Entire section added, p. 1544, § 9, effective July 1.
25-5-721. Repeal of part
(1) This part 7 is repealed, effective July 1, 2019.
(2) Prior to such repeal, the passenger tramway safety board shall be reviewed as provided for in section 24-34-104, C.R.S.
HISTORY: Source: L. 93: Entire section added, p. 1544, § 9, effective July 1.L. 2001: (1) amended, p. 120, § 9, effective July 1.L. 2008: (1) amended, p. 369, § 1, effective July 1.
Recreation Law 