§ 12-150-115 — Inspections and investigations - costs - reports - rules

(1) The
board may cause to be made such inspection of the design, construction, operation,
and maintenance of passenger tramways as the board may reasonably require.

(2) The inspections shall include, at a minimum, two inspections per year or
per two thousand hours of operation, whichever occurs first, of each passenger
tramway, one of which inspections shall be during the high use season, shall be
unannounced, and shall be carried out under contract by independent contractors
selected by the board or by the supervisory tramway engineer. Additional
inspections may be required by the board if the area operator does not, in the
opinion of the board, make reasonable efforts to correct any deficiencies identified
in any prior inspection or if the board otherwise deems additional inspections
necessary. The board shall provide in its rules that no facility shall be shut down for
the purposes of a regular inspection during normal operating hours unless
sufficient daylight is not available for the inspection.

(3) The board may employ independent contractors to make the inspections
for reasonable fees plus expenses. The expenses incurred by the board in
connection with the conduct of inspections provided for in this article 150 shall be
paid in the first instance by the board, but each area operator of the passenger
tramway that was the subject of the inspection shall, upon notification by the board
of the amount due, reimburse the board for any charges made by personnel for the
services and for the actual expenses of each inspection.

(4) The board may cause an investigation to be made in response to an
accident or incident involving a passenger tramway as the board may reasonably
require. The board may employ independent contractors to make the investigations
for reasonable fees plus expenses. The expenses incurred by the board in
connection with the conduct of investigations provided for in this article 150 shall
be paid in the first instance by the board, and thereafter one or more area operators
may be billed for work performed pursuant to subsection (3) of this section.

(5) If, as the result of an inspection, it is found that a violation of the board's
rules exists, or a condition in passenger tramway design, construction, operation, or
maintenance exists, endangering the safety of the public, an immediate report shall
be made to the board for appropriate investigation and order.

Legislative History

Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 985, � 1, effective October 1.