Safety on BuildingsPassenger Tramways
Section § 7340
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.
Section § 7341
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.
Section § 7342
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.
Section § 7343
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.
Section § 7344
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.
Section § 7345
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.
Section § 7346
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.
Section § 7347
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.
Section § 7348
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.
Section § 7349
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.
Section § 7350
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.
Section § 7351
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.
Section § 7352
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.
Section § 7353
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.
Section § 7354
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.
Section § 7354.5
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.
Section § 7355
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.
Section § 7356
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.
Section § 7357
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.
Section § 7358
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.