Section § 7340

Explanation

This law section defines terms related to passenger tramways. It specifies that a 'passenger tramway' refers to any method or device, like those using cables or ropes, designed to transport people from one point to another. Additionally, a 'permit' means official permission from the relevant authority to operate a passenger tramway in any location.

As used in this chapter:
(a)CA Labor Code § 7340(a) “Passenger tramway” includes any method or device used primarily for the purpose of transporting persons by means of cables or ropes suspended between two or more points or structures.
(b)CA Labor Code § 7340(b) “Permit” means a permit issued by the division to operate a passenger tramway in any place.

Section § 7341

Explanation

In California, you can't run a passenger tramway without a permit from the relevant authority. This permit must be valid and clearly displayed at the main terminal where the tramway operates.

A passenger tramway shall not be operated in any place in this state unless a permit for the operation of the tramway is issued by the division, and unless the permit remains in effect and is kept posted conspicuously in the main operating terminal of the tramway.

Section § 7342

Explanation

This law states that if someone is responsible for running a passenger tramway, they must have a permit. Operating the tramway without this permit is considered a misdemeanor, and each day it operates without one counts as a separate offense. However, if someone has applied for a permit or its renewal and it's still pending, they can't be prosecuted for operating without a permit during that time.

The operation of a passenger tramway by any person owning or having the custody, management, or operation thereof without a permit is a misdemeanor, and each day of operation without a permit is a separate offense. No prosecution shall be maintained where the issuance or renewal of a permit has been requested and remains unacted upon.

Section § 7343

Explanation

If a passenger tramway, which is like an outdoor elevator, is being used without the required permit and it's unsafe, the local court can stop it from operating until it's safe. The court can quickly issue a temporary shutdown order if proof from safety officials shows that the tramway is unpermitted and dangerous.

Whenever a passenger tramway in any place is being operated without the permit herein required, and is in such condition that its use is dangerous to the life or safety of any person, the division, or any person affected thereby, may apply to the superior court of the county in which the passenger tramway is located for an injunction restraining the operation of the passenger tramway until the condition is corrected. Proof by certification of the division that a permit has not been issued, together with the affidavit of any safety engineer of the division that the operation of the passenger tramway is dangerous to the life or safety of any person, is sufficient ground, in the discretion of the court, for the immediate granting of a temporary restraining order.

Section § 7344

Explanation

This section requires that all passenger tramways be inspected at least twice a year. One inspection must occur between November 15 and March 15. If a tramway passes inspection and is deemed safe, it can receive an operation permit that's valid for up to one year.

(a)CA Labor Code § 7344(a) The division shall cause all passenger tramways to be inspected at least two times each year.
(b)CA Labor Code § 7344(b) At least one of the inspections required by subdivision (a) shall take place between November 15 of each year and March 15 of the succeeding year.
(c)CA Labor Code § 7344(c) If a passenger tramway is found upon inspection to be in a safe condition for operation, a permit for operation for not longer than one year shall be issued by the division.

Section § 7345

Explanation

If a passenger tramway is found to be unsafe after an inspection, authorities can issue an initial order demanding necessary repairs or changes to ensure safety. They can also stop its operation until the issues are fixed or the dangers are eliminated.

If inspection shows a passenger tramway to be in an unsafe condition, the division may issue a preliminary order requiring repairs or alterations to be made to the passenger tramway that are necessary to render it safe, and may order the operation or use thereof discontinued until the repairs or alterations are made or the unsafe conditions are removed.

Section § 7346

Explanation

If the initial order regarding a passenger tramway is not followed, a hearing can be requested. In this hearing, the person responsible for the tramway can explain why they believe the order should not be followed.

Unless the preliminary order is complied with, a hearing before the division shall be allowed, upon request, at which the owner, operator, or other person in charge of the passenger tramway may appear and show cause why he should not comply with the order.

Section § 7347

Explanation

If it's found that a passenger tramway is unsafe, the division has the authority to insist on repairs or changes to fix the issue, and can decide to withhold the tramway's permit. The division can determine what needs to be done to make the tramway safe. This decision can be reviewed by the division or taken to court, following specific safety order procedures.

If it thereafter appears to the division that the passenger tramway is unsafe and that the requirements contained in the preliminary order should be complied with, or that other things should be done to make the passenger tramway safe, the division may order or confirm the withholding of the permit and may make requirements as it determines to be proper for its repair or alteration or for the correction of the unsafe condition. The order may thereafter be reheard by the division or reviewed by the courts only in the manner specified for safety orders by Part 1 (commencing with Section 6300).

Section § 7348

Explanation

This law allows for a temporary permit to be issued for a passenger tramway to operate for up to 30 days while repairs or alterations are being made, as long as it does not pose an immediate danger to the safety of workers or others.

If the operation of a passenger tramway during the making of repairs or alterations is not immediately dangerous to the safety of employees or others, the division may issue a temporary permit for the operation of the tramway for a term not to exceed 30 days during the making of repairs or alterations.

Section § 7349

Explanation

This law states that safety inspections for ski lifts and similar equipment must be conducted by a division safety engineer or a certified tramway inspector employed by a licensed insurance company. These inspectors are responsible for issuing temporary operation permits under certain conditions specified in related sections of the law.

The inspection herein provided for shall be made by a division safety engineer or, on ski lifts, by a certified tramway inspector qualified under Section 7354.5 and employed by a licensed insurance company. A temporary permit for operation may be issued by a division engineer or by the qualified insurance inspector, on a form furnished by the division, under conditions of Sections 7348 and 7351.

Section § 7350

Explanation

This law requires that the division responsible for passenger tramway safety sets and collects fees for inspections to cover administrative costs. While they can't charge for inspections done by certified insurance inspectors, they can charge for processing permits after such inspections. They can collect fees from any government level, like the state or city.

If someone responsible for a tramway doesn’t pay the required fee within 60 days of being notified, they’ll face a penalty equal to the original fee. The notification date is when the invoice is issued.

(a)CA Labor Code § 7350(a) The division shall fix and collect fees for the inspection of passenger tramways as it deems necessary to cover the costs of the division in administering this chapter. In fixing the amount of these fees, the division may include direct costs and a reasonable percentage attributable to the indirect costs of the division for administering this chapter. The division shall not charge an inspection fee for inspections performed by certified insurance inspectors, but may charge a fee for processing the permit when issued by the division as a result of the inspection. Notwithstanding Section 6103 of the Government Code, the division may collect the fees authorized by this section from the state or any county, city, district, or other political subdivision.
(b)CA Labor Code § 7350(b) Whenever a person owning or having custody, management, or operation of a passenger tramway fails to pay any fee required under this chapter within 60 days after the date of notification by the division, the division shall assess a penalty fee equal to 100 percent of the initial fee. For purposes of this section, the date of the invoice fixing the fee shall be considered the date of notification.

Section § 7351

Explanation

If you want to operate a passenger tramway, you need to pay the required fees before you can get the operating permit. However, the division has the option to give you a temporary permit for up to 30 days while waiting for the payment.

Fees shall be paid before issuance of a permit to operate a passenger tramway, except that the division, at its own discretion, may issue a temporary operating permit not to exceed 30 days, pending receipt of payment of fees.

Section § 7352

Explanation

This law states that all fees collected for inspecting passenger tramways under this chapter must go into the Occupational Safety and Health Fund. This fund's purpose is to support the tramway inspection program.

It also specifies that on a specific date, any money that was previously in a different account (the Elevator Safety Account) but was meant for tramway inspections, along with related assets and liabilities, must be moved to this Occupational Safety and Health Fund. This transfer also includes funds meant for various inspection programs like portable and permanent amusement ride inspections.

(a)CA Labor Code § 7352(a) All fees collected by the division under this chapter shall be deposited into the Occupational Safety and Health Fund to support the division’s passenger tramway inspection program.
(b)CA Labor Code § 7352(b) On the effective date of the statute adding this subdivision, any moneys in the Elevator Safety Account that, before that date, were deposited pursuant to this section, subdivision (a) of Section 7904, or subdivision (b) of Section 7929 shall be transferred to the Occupational Safety and Health Fund, together with any assets, liabilities, revenues, expenditures, and encumbrances of that fund that are attributable to the division’s passenger tramway inspection program under this chapter, the portable amusement ride inspection program under Part 8 (commencing with Section 7900), and the Permanent Amusement Ride Safety Inspection Program (Part 8.1 (commencing with Section 7920)).

Section § 7353

Explanation

This law outlines two main requirements for passenger tramways, which are transportation systems like ski lifts or gondolas. First, before you build or significantly change a tramway, an engineer who is legally recognized must review and approve the plans. Second, if you own or manage a tramway and you plan to make a major repair, you must let the appropriate division know ahead of time.

(a)CA Labor Code § 7353(a) A passenger tramway shall not be constructed or altered until the plans and design information have been properly certified to the division by an engineer qualified under the Professional Engineers Act (Chapter 7 (commencing with Section 6700) of Division 3 of the Business and Professions Code).
(b)CA Labor Code § 7353(b) Any person who owns, has custody of, manages, or operates a passenger tramway shall notify the division prior to any major repair of the tramway.

Section § 7354

Explanation

This law states that a passenger tramway in California cannot start operating until an engineer, qualified under specific professional standards, certifies in writing that the tramway has been built according to its design and erection plans.

The division shall not issue an operating permit to operate a passenger tramway until it receives certification in writing by an engineer qualified under the Professional Engineers Act (Chapter 7 (commencing with Section 6700) of Division 3 of the Business and Professions Code) that the erection work on the tramway has been completed in accordance with the design and erection plans for the tramway.

Section § 7354.5

Explanation

This law states that in California, if an insurance company hires a licensed professional engineer to inspect ski lifts, and the inspection meets certain criteria, the state can accept this inspection instead of conducting its own. However, brand-new ski lifts or major changes to existing ones must still be checked by a state safety engineer first. Engineers must be certified as competent by the state to inspect these ski lifts.

The state can revoke this certification if there's a good reason, but it will give the inspector a chance to contest this decision. Inspection reports need to follow specific guidelines for the state to accept them.

(a)CA Labor Code § 7354.5(a) Notwithstanding any other provision of this chapter, in any case in which an insurer admitted to transact insurance in this state has inspected or caused to be inspected, by a qualified, licensed professional engineer registered in California pursuant to Chapter 7 (commencing with Section 6700) of Division 3 of the Business and Professions Code, any passenger tramway used as a ski lift, the division may, if it finds those inspections were made according to subdivisions (a) and (b) of Section 7344, accept the inspections in lieu of any other inspections for that year, except that the initial inspection of a new ski lift or of a major alteration to an existing ski lift shall be performed by a division safety engineer. A private inspector shall, before commencing his or her duties therein, secure from the division a certificate of competency to make inspections. The division may determine the competency of any applicant for a certificate, either by examination or by other satisfactory proof of qualification.
(b)CA Labor Code § 7354.5(b) The division may rescind at any time, upon good cause being shown therefor, and after hearing, if requested, any certificate of competency issued by it to a ski lift inspector. The inspection reports made to the division shall be in a form and content as the division finds necessary for acceptance as a proper inspection made by a private inspector.

Section § 7355

Explanation

This section makes it clear that the division, which likely refers to a workplace safety authority, can still create and enforce safety rules, even with other sections of the chapter in place. Their authority to issue safety orders isn't reduced by anything mentioned in previous sections.

Nothing in the foregoing sections of this chapter shall limit the authority of the division to prescribe or enforce general or special safety orders.

Section § 7356

Explanation

This law says that the division in charge must create and publish rules telling passenger tramway owners or operators that they have to report any incidents where a tramway causes injury to someone. However, if the injury only needs basic first aid, it doesn't have to be reported.

The division shall, under the authority of Section 7355, promulgate and cause to be published safety orders directing each owner or operator of a passenger tramway to report to the division each known incident where the maintenance, operation, or use of the tramway results in injury to any person, unless the injury does not require medical service other than ordinary first aid treatment.

Section § 7357

Explanation

This law section requires that standards be set for people who operate passenger tramways, making sure they are qualified to do so. These standards are aimed at ensuring the safety of both the public who use these tramways and the operators themselves.

The division shall establish standards for the qualification of persons engaged in the operation of passenger tramways, whether as employees or otherwise. The standards shall be consistent with the general objective of this chapter in providing for the safety of members of the public who use passenger tramways and those engaged in their operation.

Section § 7358

Explanation

This section mandates that the division must create and propose safety rules for things like the design, maintenance, and use of passenger tramways, ensuring public safety. They have to get these rules approved by a board. They're also responsible for any other rules needed to enforce this chapter, and existing tramway safety regulations remain valid. Additionally, the division and board can still make other safety orders as needed.

(a)CA Labor Code § 7358(a) The division shall formulate and propose rules and regulations for adoption by the Occupational Safety and Health Standards Board for the safe design, manufacture, installation, repair, maintenance, use, operation, and inspection of all passenger tramways as the division finds necessary for the protection of the general public using passenger tramways.
(b)CA Labor Code § 7358(b) The division shall adopt all other rules and regulations necessary for the administration and enforcement of this chapter.
(c)CA Labor Code § 7358(c) Nothing in this section shall affect the validity of existing regulations applicable to passenger tramways or shall limit the authority of the division or the Occupational Safety and Health Standards Board to prescribe or enforce general or special safety orders.