DAR File No. 43444

Transportation, Operations, Traffic and Safety

Rule R920-50

Ropeway Operation Safety

Notice of Proposed Rule

(Amendment)

DAR File No.: 43444
Filed: 12/14/2018 02:55:41 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The governing safety standard for passenger ropeways - aerial tramways, aerial lifts, surface lifts, tows, and conveyors - under the American National Standards Institute (ANSI) B77.1-2011 received an update in 2017. These proposed amendments are to incorporate the updated safety standard by reference and incorporate the changes included in the update into the existing rule.

Summary of the rule or change:

Summary of the changes resulting from replacing the ANSI B77.1-2011 standard with the ANSI B77.1-2017 standard: 1) requirements for the evaluation and selection of electrical components have been revised to be consistent with industry standards; 2) fuel handling requirements have been revised to be consistent with industry standards; 3) additional work carrier requirements have been established to provide a consistent standard for work carriers in use; and 4) lift operation requirements are refined to provide clarity for the roles and responsibilities of lift operators.

Statutory or constitutional authorization for this rule:

• Section 72-11-210
• Title 72, Chapter 11

This rule or change incorporates by reference the following material:

• Updates Passenger Ropeways - Aerial Tramways, Aerial Lifts, Surface Lifts, Tows and Conveyors - Safety Standard, published by American National Standards Institute, 05/11/2018
• Adds For Funiculars - Safety Requirements, published by American National Standards, 09/19/2014

Anticipated cost or savings to:

the state budget:

The Department of Transportation (Department) does not anticipate that these proposed amendments will lead to any additional cost or saving to the state budget. The Department already regulates and inspects ski lifts operating in the state. These proposed amendments will not require the Department to invest any additional time or other assets to meet its responsibilities. It will just apply different a standard.

local governments:

The Department does not anticipate that these proposed amendments will lead to any additional cost or saving to local governments. The Department regulates and inspects ski lifts operating in the state. Local governments are generally not involved in this process.

small businesses:

The Department's research suggests that these proposed amendments will lead to compliance costs or fiscal impact to the average skiing facility, both small and non-small, from $0 to $2,000. Total fiscal impact to small businesses affected by these proposed rule changes could total more than $24,000. The fiscal impacts would result from adoption of updated ANSI standards included in these proposed rule changes.

persons other than small businesses, businesses, or local governmental entities:

The Department estimates persons other than businesses and local governments, skiers, may be fiscally impacted by these proposed amendments because lift operators that are fiscally impacted will likely pass additional costs on to the consumer.

Compliance costs for affected persons:

The Department does not attempt to estimate what compliance costs will be for all persons affected by these proposed rule changes because the cost of doing so is prohibitive. Lift operators control how much of their costs they pass to their consumers. For lift operators, the Department estimates these proposed rule changes will be from $0 to $2,000 per lift.

Comments by the department head on the fiscal impact the rule may have on businesses:

These proposed rule changes will likely result in a fiscal impact on some businesses in Utah.

Carlos Braceras, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Office of Administrative Rules, or at:

Transportation
Operations, Traffic and Safety
CALVIN L RAMPTON COMPLEX
4501 S 2700 W
SALT LAKE CITY, UT 84119-5998

Direct questions regarding this rule to:

• Brian Allen at the above address, by phone at 801-965-4766, by FAX at 801-965-3845, or by Internet E-mail at brianallen@utah.gov
• Christine Newman at the above address, by phone at 801-965-4026, by FAX at 801-965-4338, or by Internet E-mail at cwnewman@utah.gov
• James Palmer at the above address, by phone at 801-965-4000, by FAX at 801-965-4338, or by Internet E-mail at jimpalmer@utah.gov
• Linda Hull at the above address, by phone at 801-965-4253, by FAX at , or by Internet E-mail at lhull@utah.gov
• Josh Dangel at the above address, by phone at , by FAX at , or by Internet E-mail at jdangel@utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

01/31/2019

This rule may become effective on:

02/07/2019

Authorized by:

Carlos Braceras, Executive Director

Appendix 1: Regulatory Impact Summary Table*

Fiscal Costs	FY 2019	FY 2020	FY 2021
State Government	$0	$0	$0
Local Government	$0	$0	$0
Small Businesses	$0 - $24,000	$0	$0
Non-Small Businesses	$0 - $254,000	$0	$0
Other Person	$0	$0	$0
Total Fiscal Costs:	$0	$0	$0
Fiscal Benefits
State Government	$0	$0	$0
Local Government	$0	$0	$0
Small Businesses	$0	$0	$0
Non-Small Businesses	$0	$0	$0
Other Persons	$0	$0	$0
Total Fiscal Benefits:	$0	$0	$0
Net Fiscal Benefits:	$0 - $278,000 +	$0	$0

 

*This table only includes fiscal impacts that could be measured. If there are inestimable fiscal impacts, they will not be included in this table. Inestimable impacts for State Government, Local Government, Small Businesses and Other Persons are described in the narrative. Inestimable impacts for Non - Small Businesses are described in Appendix 2.

 

Appendix 2: Regulatory Impact to Small and Non - Small Businesses

1) The Department of Transportation (Department) estimates that skiing facilities that operate ropeways in Utah are the only businesses that will experience a material fiscal impact resulting from this proposed amendment. This fiscal impact may be positive or negative, depending upon the specific facility impacted and how we define fiscal impact. The Skiing Facilities industry is comprised of establishments that 1) operate downhill, cross-country, or related skiing areas and/or 2) operate equipment, such as ski lifts and tows. The NAICS Code for Skiing facilities is: 713920.

2) The Department of Workforce Services (DWS) Firm Find Data includes data about 17 establishments identified by the NAICS industry code for Skiing Facilities, 713920.

3) Of these 17 Skiing Facilities, seven are non-small businesses; ten are small businesses, as defined by Subsection 63G-3-102(19). For a complete list of these skiing facilities, contact the Department.

4) The Department's research suggests this proposed amendment will lead to compliance costs to the average impacted skiing facility, both small and non-small, from $0 to $2,000. If operators must upgrade every lift in the state, the fiscal impact could total $278,000 or more. If not lift operators are required to install upgrades, the fiscal impact could be $0.

5) The basis for the Department's cost estimates is: The Internet website Skiresort.info at: http://www.skiresort.info/ski-resorts/utah/sorted/number-lifts/ includes information about the ski resorts and operators in Utah. According to Skiresort.info Utah has 17 ski resorts, 14 that have ski lifts that they must maintain and 3 that provide heli-skiing or cat-skiing services. Of these 14 resorts, 8 are owned by or operated as non-small businesses, 6 owned by or operated as small businesses. The 14 resorts that operate ski lifts operate 139 lifts total. Small businesses operate 12 lifts, non-small businesses operate the remaining 127 lifts are operated by non-small businesses.

6) The reason for this fiscal impact to these facilities is the possible need to install new or different safety equipment to conform to the new ANSI standards.

7) The Department estimates that local governments will not experience a fiscal impact related to this proposed amendment because the proposed changes to this rule do not require anything additional from them.

8) The Department estimates persons other than businesses and local governments, skiers, may be fiscally impacted by this proposed amendment because lift operators that are fiscally impacted will likely pass additional costs on to the consumer.

9) The Department estimates that neither it nor the state will experience a fiscal impact related to this proposed amendment because state and federal law already require it to regulate and inspect skiing facilities. This proposed amendment will not change the amount of work required to meet its responsibilities.

10) Carlos Braceras, executive director of the Department has reviewed and approved this fiscal analysis.

 

 

R920. Transportation, Operations, Traffic and Safety.

R920-50. Ropeway Operation Safety.

R920-50-1. Purpose.

This rule establishes regulations, requirements, and provides standards for the design, construction, and operation of a passenger ropeway, except private residence passenger ropeways as defined in Section 72-11-102(11)[,] and establishes the procedures necessary to implement the powers and duties of the Utah Passenger Ropeway Safety Committee (Committee). Previously the Committee was known as the Utah Passenger Tramway Safety Committee. The Committee has also been referred to as the Tramway Board.

 

R920-50-2. Authority.

This rule is authorized by Section 72-11-210 to implement Title 72, Chapter 11, Passenger Ropeway Systems Act.

 

R920-50-3. Definitions.

In addition to terms defined at Section 72-11-102, the following terms are defined:

(1) "Aerial lift specialist" as used in American National Standards Institute (ANSI) B77.1 sections 3.3.4.1 and 4.3.4.1, means a Ropeway Inspector as defined in R920-50-3(31).

(2) "Aerial tramway specialist" as used in ANSI B77.1 section 2.3.4.1 means a Ropeway Inspector as defined in R920-50-3(31).

(3) "Air Space" means the area bounded by vertical planes commencing at a point thirty-five (35) feet from the intersection of the vertical planes of the ropes and ground surface.

(4) "Annual general inspection" means an inspection of a passenger ropeway made by a Ropeway Inspector to verify preservation of original design integrity and to determine that components and systems of the passenger ropeway are in proper working order and in accordance with this rule.

(5) "Audible warning devices" means an audible warning device that signals an impending start of the aerial lift.

(6) "Auxiliary Power Unit" is a generic term to describe a gas or diesel engine generally used as a backup to the prime mover.

(7) "Bullwheel" means a large grooved wheel at a terminal that rotates continuously when the haul rope is moving and deflects the haul rope by an angle of 10 degrees or more.

(8) "Carrier" means the structural and mechanical assemblage in or on which the passenger(s) or freight of a ropeway system are transported. Unless qualified, the carrier includes, for example, the carriage, grip or clip, hanger, and cabin or chair.

([6]9) "Conveyor specialist" as used in ANSI B77.1 section 7.3.4[.1] means a Ropeway Inspector as defined in R920-50-3(31).

([7]10) "Dynamic Testing Logs" means a record of the data collected during the dynamic test.

([8]11) "Experienced personnel" means an individual who has acquired knowledge and skills through study, training, or experience in ropeway maintenance, operation, or testing.

([9]12) "Existing ropeway" means any passenger ropeway that shall have been operated for passengers [in excess of]for more than one calendar year.

(13) "Grip" means the device by which carriers are attached to the haul rope.

([10]14) "Governing Standard" means ["ANSI B-77.1, 2011" and "ANSI B77.2, 2014" as modified by rule of the Committee for use in the State of Utah.]the ANSI B77 standard that is incorporated by reference as part of this rule by rule R920-50-4 Governing Standards.[Use of these standards is authorized by Section 72-11-201.]

(15) "Haul rope" means a wire rope used on a ropeway that provides motion to carrier(s) and is powered by the drive bullwheel.

([11]16) "Incident inspection" means an inspection of a passenger ropeway incident made by an approved Ropeway Inspector or a qualified engineer at the request of the Committee.

([12]17) "Land surveyor" means an individual licensed under Section 58-22-102 as a professional land surveyor.

([13]18) "Modification" means any change as defined in ANSI B77.1 Section 1.2.4.4, ANSI B77.2 Section 1.2.4.4, and the replacement of a ropeway component by one that alters the certified design or construction provided by the passenger ropeway manufacturer or designer.

([14]19) "New ropeway" means any passenger ropeway that is registered for the first time for passenger operation during its first calendar year of operation.

([15]20) "Operational inspection" means an inspection of a passenger ropeway made by a Ropeway Inspector to determine compliance with the operation and maintenance requirements of the Governing Standard and with this rule.

([16]21) "Operating personnel" means persons employed by the operator [for the purpose of]to supervis e[ing] the operation, or engaged in servicing, checking, inspecting or maintaining the machinery or structures of a ropeway and when [specifically ]on duty for such purpose s on that ropeway.

([17]22) "Passenger" means any person riding a ropeway, other than "operating personnel."

([18]23) "Passenger Ropeway Incident" means:

(a) Any structural, mechanical, or electrical malfunction or failure of a passenger ropeway component that results in bodily injury to any person on, or inside the load or unload zone of, a passenger ropeway;

(b) Any deropement regardless of whether [or not ]the passenger ropeway is evacuated;

(c) Any evacuation of the passenger ropeway other than by prime mover or auxiliary power unit, regardless of cause;

(d) Any fire involving a passenger ropeway component or adjacent structure;

(e) Any structural, mechanical, or electrical malfunction or failure of a passenger ropeway component that results in a ropeway that will not SLOW DOWN when given the command to do so, will not STOP when given the command to do so, OVERSPEEDS beyond control settings and/or maximum design speed, ACCELERATES faster than normal design acceleration, SELF-STARTS or SELF-ACCELERATES without the command to do so, REVERSES direction unintentionally and without the command to do so , or a loss of control of the passenger ropeway as defined in [ANSI B77.1 Section X.2.3.1 or ]ANSI B77.2 Section 2.2.3.1[2.2.1.7.2];

(f) Any wire rope damage which exceeds the requirement in ANSI B77.1 Section A.4.1.3 or ANSI B77.2 Section A.4.1[3.4.1.1]; and

(g) Any structural, mechanical, or electrical malfunction or failure of a passenger ropeway component or its primary connection that has the apparent potential for causing bodily injury to any person, including but not limited to, the following:

(i) Terminal Structure;

(ii) Bullwheel;

(iii) Brake System;

(iv) Tower Structure;

(v) Sheave, Axle, or Sheave Assembly;

(vi) Carrier; and

(vii) Grip.

([19]24) "Portable Ropeway" means a ropeway expressly designed to be portable, operated without a permanent foundation, and that has a design range of maximum grade.

([20]25) "Pre-operational inspection" means an inspection made by a Ropeway Inspector prior to the operation of any new or modified passenger ropeway requiring an Acceptance Inspection and Test.

([21]26) "Qualified engineer" means any engineer who is licensed to practice engineering in the state of Utah and who has been approved by the Committee.

(27) "Prime Mover" means the power unit utilized for the continuous operation of a passenger ropeway.

([22]28) "Qualified personnel" as used in ANSI B77.1 sections 2.1.1.11, 3.1.1.11, 4.1.1.11, 5.1.1.11, 6.1.1.11, and 7.1.1.11 means a qualified engineer as defined by R920-50-3(26).

([23]29) "Relocated ropeway" means any passenger ropeway moved to a new location.

([24]30) "Responsible charge" means effective control and direction of the installation or modification of a passenger ropeway.

([25]31) "Ropeway Inspector" means an engineer licensed to practice engineering in the state of Utah, independent of the ropeway owner, and approved by the Committee to inspect passenger ropeways.

(32) "Sheave" means pulley or wheel grooved for haul rope.

([26]33) "Structure" means any edifice, including residential and public buildings, or any other structure or equipment that could reasonably be expected to interfere with the safe operation of a ropeway. Ropeway components required for the operation of the ropeway are not structures.

([27]34) "Surface lift specialist" as used in ANSI B77.1 section 5.3.4.1, means a Ropeway Inspector as defined in R920-50-3(31).

[(28) "Testing Personnel" means individuals that are performing non-destructive testing (NDT) inspections (i.e., manufacturer, inspection agency, other personnel, or in-house personnel) who shall be qualified in accordance with nationally recognized NDT personnel qualifications standards: ANSI/ASNT-CP189, SNT-TC-1A, MIL STD 410, NAS-410, or equivalent.

(29)](35) "Tow specialist" as used in ANSI B77.1 section 6.3.4[.1] means a Ropeway Inspector as defined by R920-50-3(31).

 

R920-50-4. Governing Standards.

(1) Passenger ropeways operating in the State of Utah shall conform to the requirements of ANSI B77.1-2017, ANSI B77.2-2014, which are incorporated by reference as part of this rule R920-50 and to the revised and additional provision listed in R920-50-11. Use of these standards is authorized by Utah Code Section 72-11-201.

(2) The Utah Passenger Ropeway Safety Committee reserves the right to add, alter, or delete provisions included in the Governing Standard for use in the State of Utah.

(3) Existing installations need not comply with the new or revised requirements of the Governing Standard and this rule except as set forth in R920-50-12 "Applicable Provisions."

 

R920-50-[4]5. General Requirements for Passenger Ropeways.

(1) Passenger ropeways operating in the State of Utah shall be registered annually with the Committee, and no passenger ropeway shall be operated for passengers without a valid certificate of registration.

(2) Ropeways require a qualified engineer to certify the design, manufacturing, and construction of the ropeway. A Qualified Engineer or Land Surveyor is required to complete the "as-built" profile and certification.

(3) Existing ropeways, when removed and reinstalled, shall be classified as new installations.

(4) Ropeway operators shall be covered by a liability insurance of a minimum of $300,000. The Utah Passenger Ropeway Safety Committee shall be notified of a lapse or termination of insurance coverage pursuant to the terms of the policy.

 

R920-50-[5]6. Application to Register a Passenger Ropeway.

(1) Each year prior to operating a passenger ropeway the ropeway operator shall apply to the Committee, for a Certificate of Registration. In the event a new operator is assigned, the operator shall notify the Committee of such action and shall apply for a Certificate of Registration.

(2) Term - Passenger ropeways shall be registered annually starting November 1st of each year, and each registration expires on October 31st next following date of issue.

(3) Application for Certificate of Registration for existing ropeways shall include the following:

(a) Annual General Inspection Report;

(b) Annual registration fee;

(c) Approved request for exception, if applicable;

(d) Certification of Compliance; and

(e) Certificate of Insurance.

(4) Application for Certificate of Registration for new ropeways shall include the following:

(a) Annual registration fee;

(b) Approved request for exception, if applicable;

(c) Certification of Compliance;

(d) Certificate of Insurance;

(e) Certifications required in R920-50-[6]7;

(f) Documents required in R920-50-[7]8; and

(g) Preoperational Inspection Report.

(5) Submittal of application for registration of ropeways - All applications for registration of new or existing ropeways shall be submitted in such form as the Committee shall designate and in accordance with requirements of these rules. Applications shall be made in writing and addressed to:

Utah Department of Transportation

Passenger Ropeway Safety Committee

Traffic and Safety Division

4501 South 2700 West

Salt Lake City, Utah 84119

 

R920-50-[6]7. Certifications Required for Ropeways.

(1) The Certifications listed below must include the following information:

(a) Name, address and telephone number of the operator of the ropeway, name of ropeway supervisor, operator's designation of the ropeway;

(b) Designated certifying statement;

(c) A certification of design, and construction must also include the name, address, seal, and Utah license of the qualified engineer making the certification; and

(d) A certification of "as-built" profile must also include the name, address, seal, and Utah license of the qualified engineer or land surveyor making the certification.

(2) A Certification of Compliance for Passenger Ropeway shall be made on the Application for Certificate of Registration for the Ropeway.

(a) The certification shall be signed and dated by the ropeway owner or area operator.

(b) The certification shall include the following statement: "I certify that the reports, requests and certificates attached hereto were provided and signed by the persons required by law to provide them, and the deficiencies noted in the inspection report have been corrected with the exception of those listed in the Request for Exception from Standards for Passenger Ropeway."

(3) A Certification of Ropeway Design for New or Modified Passenger Ropeways[,] must be submitted.

(a) The Qualified Engineer in responsible charge of the design shall certify to the Committee that the design, plans and specifications conform to the Utah Passenger Ropeway Safety Act, the Governing Standard and the Utah Ropeway Operation Safety Rule.

(b) The Certification must be submitted prior to the performance of the Acceptance Inspection and Test.

(c) The certification must state the following:

"I hereby certify that the design for this ropeway or ropeway modification is in complete compliance with the Utah Passenger Ropeway Safety Act, Governing Standard and the Utah Ropeway Operation Safety Rule."

(d) This statement shall be placed on the top of the drawing packet and signed and sealed by the qualified engineer. Each additional sheet of this drawing packet shall be sealed by the qualified engineer.

(e) The drawings and specifications shall include the quality assurance methods used for the evaluation of the re-used components and shall be submitted for review a minimum of 30 days prior to installation. Any component on the Utah Passenger Ropeway Safety Committee Lift Data Form must be addressed.

(4) A Certification of Construction for Passenger Ropeways must be submitted by a Qualified Engineer directly responsible for the construction for the ropeway.

(a) The Certification must be submitted prior to the performance of the Acceptance Inspection and Test.

(b) The certification must state the following:

"I hereby certify that the construction and installation has been completed in accordance with the drawings and specifications issued for this ropeway or ropeway modification by the Qualified Design Engineer."

(5) A Certification of "as-built" profile for the Passenger Ropeway must be submitted by a Qualified Engineer or Land Surveyor licensed in the State of Utah.

(a) The "as-built" profile must be submitted prior to the performance of the Acceptance Inspection and Test.

(b) The certification must state the following:

"I hereby certify that the attached "as-built" profile of the herein-identified ropeway is as represented on the attached profile drawing and that the completed ropeway conforms to the profile as identified in the plans and specifications prepared by the Qualified Design Engineer."

 

R920-50-[7]8. Documents Required for Ropeways.

(1) A Utah Passenger Ropeway Safety Committee Lift Data Form must be submitted along with other requested supporting documents. This form must be submitted prior to the performance of the Acceptance Test.

(2) A copy of the acceptance test procedure proposed and submitted by the designer or manufacturer must be provided to the Committee for review at least fourteen (14) days before acceptance testing begins. The qualified engineer determines the acceptance test requirements.

(3) The owner or area operator shall notify the Committee in writing before the acceptance test that the continuous operation requirements of ANSI B77.1 section X.1.1.11 or ANSI B77.2 section 2.1.1.11[.2] have been completed.

(4) A final acceptance test report must be submitted to the Committee prior to opening the lift to the public. The qualified engineer shall approve any changes to the acceptance test procedure.

(5) "As-built" drawings for each passenger ropeway shall be submitted no later than 60 days after the project is completed and the Acceptance Test is finished. Any variation from the design drawings shall be noted in the as-built drawings and approved by the Qualified Design Engineer.

(6) The area operator shall send a "letter of intent" to the Committee at least 45 days prior to beginning the construction of a new lift. The letter of intent must include the name of the qualified engineer, the design standard, the anticipated dates to begin and complete construction, and the available lift manufacturing data.

 

R920-50-[8]9. Certificate of Registration.

(1) If the application for Certificate of Registration and supporting documentation attest that the ropeway complies with the Governing Standard and this rule, the Committee, if satisfied with the facts stated in the application, shall issue a Certificate of Registration to the operator.

(2) Identification number - For each ropeway, upon receipt of the first application for a Certificate of Registration, the Committee shall assign an identification number to the ropeway, which shall remain as a permanent identification number for the life of the ropeway. All correspondence with the Committee pertaining to any ropeway shall refer to the identification number assigned to that ropeway.

 

[ R920-50-9. Governing Standards.

(1) The Utah Passenger Ropeway Safety Committee reserves the right to add, alter, or delete provisions included in the Governing Standard for use in the State of Utah.

(2) Existing installations need not comply with the new or revised requirements of the Governing Standard and this rule except as set forth in R920-50-11 "Applicable Provisions."]

 

R920-50-10. Revised and Additional Provisions.

The revised and additional provisions of this section shall only apply when referenced in R920-50-11 "Applicable Provisions."

(1) "New installations and relocated installations." ANSI B77.1 Section 1.2.4.3 is modified by the following requirement: New ropeways and relocated ropeways shall comply with the new or revised requirements of the Governing Standard and with these rules at the time of the acceptance test.

(2) "Auxiliary power unit[drives]." Installations prior to November 1, 1994 shall meet the requirements for auxiliary power units[drives], as set forth in ANSI B77.1-1992, 2.1.2.1.1, 3.1.2.1.1, 4.1.2.1.1.

(3) "Electronic speed-regulated drives." Installations prior to November 1, 1994 shall meet the requirements for electronic speed-regulated drives as set forth in ANSI B77.1-1992, 2.2.1.8.2, 3.2.1.8.2, 4.2.1.8.2, 5.2.1.8.2, 6.2.1.8.2.

(4) "Rope position monitoring." Installations prior to November 1, 1994 shall meet the requirements for rope position monitoring, as set forth in ANSI B77.1-1992, 3.1.3.3.2, paragraph 6.

(5) "Friction type brakes." Installations prior to November 1, 1995 shall meet the requirements for friction type brakes, as set forth in ANSI B77.1-1992, 2.1.2.5, 3.1.2.5, 4.1.2.5, 5.1.2.5, 6.1.2.5.

[(6) "Fire detection." All machine rooms that are in an enclosed structure located adjacent to the rope of the tramway (vaulted) shall have a fire detection system installed in accordance with the National Fire Alarm Code. This system shall initiate a visual and audible alarm monitored at the drive terminal operator station.

(7) "Grips, clips, and carrier testing." Testing shall be completed according to section ANSI B77.1 sections 2.3.4.3, 3.3.4.3, 4.3.4.3, and ANSI B77.2 section 2.3.4.4 except as modified by this rule.

(a) Testing personnel performing non-destructive testing (NDT) inspections (i.e., manufacturer, inspection agency, other personnel, or in-house personnel) shall be qualified in accordance with nationally recognized NDT personnel qualifications standards: ANSI/ASNT-CP189, SNT-TC-1A, MIL STD 410, NAS-410, or equivalent. Certification of qualification of personnel performing testing shall be provided.

(b) Testing personnel shall certify to the owner or area operator that the passenger ropeway components tested were non-destructively tested in accordance with current acceptance criteria established by the designer or manufacturer, or in case the designer or manufacturer is no longer in business, by a Qualified Engineer.

(c) Sampling size and method of obtaining the sample shall comply with the Governing Standard or the manufacturer's requirement, which ever is more stringent.

(d) Rejection rate and retest procedures shall comply with current acceptance criteria established by the designer or manufacturer, or in case the designer or manufacturer is no longer in business, by a Qualified Engineer.

(e) Types of inspections to be performed and the procedures to be used shall comply with current acceptance criteria established by the designer or manufacturer, or in case the designer or manufacturer is no longer in business, by a Qualified Engineer.

(f) Criteria for acceptance/rejection of samples shall comply with current acceptance criteria established by the designer or manufacturer, or in case the designer or manufacturer is no longer in business, by a Qualified Engineer.]

[(8)](6) "Wire rope inspection." Inspections shall be performed according to ANSI B77.1 Annex A.4.1 and ANSI B77.2 Annex A.4.1[3.4.1] and shall be performed by a competent inspector defined by the Governing Standard and who is approved by the Committee. The wire rope inspector shall certify to the owner or area operator whether the wire rope in its present condition meets requirements for continued operation.

[(9) "Operation and maintenance." All installations shall comply with the Operation and Maintenance requirements of the Governing Standard. These requirements are stated in ANSI B77.1, 2.3, 3.3, 4.3, 5.3, 6.3, 7.3, and ANSI B77.2 2.3.]

[(10)](7) "Audible warning devices." Requirements for audible warning devices on installations prior to April 17, 2007.

(a) Installations shall meet the requirements for audible warning devices as specified by ANSI B77.1-1999, [2.2.10]2.1.1.12, 3.1.1.12[3.2.10].

(b) Installations prior to April 17, 2007 ANSI B77.1-1999 Section 4.1.1.12[4.2.10] is modified by the following requirement: The aerial lift shall incorporate an audible warning device that signals an impending start of the aerial lift. After the start button is pressed, the device shall sound an audible alarm for a minimum of two seconds before the aerial lift begins to move. The audible device shall be heard inside and outside all terminals and machine rooms above the ambient noise level.

[(11)](8) "Conveyor Standards." Requirements for installations prior to May 11,2018.

(a) Loading and unloading area requirements of ANSI B77.1 section 7.1.1.9 shall also accommodate the use of adaptive devices.

(b) Power units referred to in ANSI B77.1 section 7.1.2.1 may not have reverse capability.

(c) "Power supply cords" referred to in ANSI B77.1 section 7.2.1.5.6 shall be protected from snow grooming, skiers, and other equipment and shall be ground fault protected.

(d) For installations prior to May 11, 2018 t[T]he belt transition entry stop device referred to in ANSI B77.1 section 7.2.3.3 shall include redundant (double) sensors or an equivalent system submitted by a qualified engineer to prevent operation in the faulted condition. Each sensor shall be part of an independent control circuit that can initiate an emergency shutdown of the conveyor. The device shall be so designed and maintained that no single point of failure can cause the entry stop device to malfunction. The device shall not be remotely resettable and shall require the operator to reset the device prior to restarting the conveyor.

[(12) "Dynamic Testing Logs." Maintenance logs shall include documentation of the dynamic testing.]

[(13)](9) "Air Space Requirements." ANSI B77.1, section 2.1.1.4, 3.1.1.4, 4.1.1.4, 5.1.1.4, and 6.1.1.4 and ANSI B77.2 section 2.1.1.4 shall also include the following: No structure (temporary or permanent) shall be permitted to encroach into the air space of the ropeway. Ropeways and Structures that were both constructed prior to November 1, 2006 do not need to comply with this requirement.

[(14)](10) "Portable Ropeways." Portable ropeways shall not be considered new ropeways when moved to different locations but remaining under the jurisdiction of the same operator.

[(15)](11) "Tows Requirements."

[(a) The requirements of ANSI B77.1 section 6.2.3.2.b) shall also require the stop gate to extend across the incoming and outgoing rope.

(b) ]Handle Tows shall have stop gates above and below the rope.

[(16) "Existing Installations - Annex F" ANSI B77.1-2011 Section 1.2.4.1 Existing installations is modified by the following: Operation and maintenance is not required to comply with normative Annex F Combustion engine(s) and fuel handling.]

 

R920-50-11. Applicable Provisions.

Installations shall comply with the "Revised and Additional Provisions" of R920-50-10 in the categories listed below, on or before the date specified. These provisions establish the minimum requirement.

(1) The following apply to all ropeways:

(a) New installations and relocated installations R920-50-10(1);

[(b) Fire detection R920-50-10(6); effective November 1, 1995;]

[(c)](b) Wire rope inspection R920-50-10[(8)](6); and

[(d) Operation and maintenance R920-50-10(9).

(e) Existing Installations - Annex F R920-50-10(16); effective June 7,2012.]

(2) The following provisions apply to an Aerial Tramway:

(a) Auxiliary drives R920-50-10(2); effective November 1, 1994;

(b) Electronic speed-regulated drives R920-50-10(3); effective November 1, 1994;

(c) Friction type brakes R920-50-10(5); effective November 1, 1995;

[(d) Grips, clips, and carrier testing R920-50-10(7);]

[(e)](d) Audible warning devices R920-50-10[(10)](7); effective November 1, 2001;[

(f) Dynamic testing logs R920-50-10(12);] and

[(g)](e) Air space requirements R920-50-10[(13)](9); effective November 1, 2006.

(3) The following provisions apply to a Detachable Grip Aerial Lift:

(a) Auxiliary drives R920-50-10(2); effective November 1, 1994;

(b) Electronic speed-regulated drives R920-50-10(3); effective November 1, 1994;

(c) Rope position monitoring R920-50-10(4); effective November 1, 1994;

(d) Friction type brakes R920-50-10(5); effective November 1, 1995;

[(e) Grips, clips, and carrier testing R920-50-10(7);]

(f) Audible warning devices R920-50-10[(10)](7);[

(g) Dynamic testing logs R920-50-10(12);] and

(h) Air space requirements R920-50-10[(13)](9); effective November 1, 2006.

(4) The following provisions apply to a Fixed Grip Aerial Lift:

(a) Auxiliary Drives R920-50-10(2); effective November 1, 1994;

(b) Electronic speed-regulated drives R920-50-10(3); effective November 1, 1994;

(c) Friction type brakes R920-50-10(5); effective November 1, 1995;

[(d) Grips, clips, and carrier testing R920-50-10(7);]

(e) Audible warning devices R920-50-10[(10)](7);[

(f) Dynamic testing logs R920-50-10(12);] and

(g) Air space requirements R920-50-10[(13)](9); effective November 1, 2006.

(5) The following provisions apply to a Surface Lift:

(a) Electronic speed-regulated drives R920-50-10(3); effective November 1, 1994;

(b) Friction type brakes R920-50-10(5); effective November 1, 1995; and

(c) Air space requirements R920-50-10[(13)](9); effective November 1, 2006.

(6) The following provisions apply to a Rope Tow:

(a) Electronic speed-regulated drives R920-50-10(3); effective November 1, 1994;

(b) Friction type brakes R920-50-10(5); effective November 1, 1995;

(c) Air space requirements R920-50-10[(13)](9); effective November 1, 2006;

(d) Tow requirements R920-50-10[(15)](11); and

(e) Portable Ropeways R920-50-10[(14)](10).

(7) The following provisions apply to a Conveyor:

(a) Conveyor standards R920-50-10[(11)](8); and

(b) Portable Ropeways R920-50-10[(14)](10).

 

R920-50-12. Exceptions to Standards.

(1) In the event that the ropeway does not conform with the governing standards and the Ropeway Operation Safety Rule, the Committee may issue a certificate of registration with an exception. Two types of exceptions may be granted after a Request for Exception from Standards is submitted.

(a) Annual Exception - This type of exception must be reviewed annually by the Committee. This type of exception is subject to cancellation at any time pursuant to a determination by the Committee that a change is necessary.

(b) Limited Exception - This type of exception is granted only for a fixed time period to be determined by the Committee.

(2) The nature of the exception shall be stated in the Request for Exception from Standards.

(3) The Committee shall, as expeditiously as possible, and within thirty (30) days of receipt of a Request for Exception from Standards, notify the operator in writing of its action on the Request.

(4) The Request for Exception from Standards shall include the following information:

(a) Reasons for requesting an exception;

(b) Identification of the [manner in which]way the ropeway does not conform to the governing standards or this rule; and

(c) Procedures, with estimated time and cost, which would be required to bring the ropeway into conformance.

(5) Except as required in R920-50-12(7), the Committee shall issue a Certification of Registration with an exception if the operator satisfies the requirements stated in R920-50-12(4) and [also ]supplies the following for new or existing ropeways:

(a) New Ropeways.

(i) A design certification by a qualified engineer attesting that the ropeway is so designed and equipped that its devices or methods provide features that are comparable in performance and safety to those that meet requirements set forth in the Governing Standard and this rule.

(ii) Any known items that require a Request for Exception from Standards for Passenger Ropeways must be submitted to the Committee before work begins.

(b) Existing Ropeways.

(i) A design certification by a qualified engineer attesting that the ropeway is so designed and equipped that it's devices or methods provide features that are comparable in performance and safety to the requirements of the Governing Standard and this rule.

(ii) A statement by the operator certifying that the ropeway feature for which the exception is requested has been operated safely and without any passenger ropeway incident, as defined in R920-50-3[(17)](23) item (a) or (g), for at least 2 years prior to the date of the Request for Exception from Standards.

(6) In exceptional circumstances, the Committee may issue a certificate of registration with an exception even if the operator does not satisfy the requirements defined in the Governing Standard or this rule if the Committee determines that the ropeway is so designed and equipped that its devices or methods provide features that are comparable in performance and safety.

(7) Where doubt exists as to the safety of a ropeway, the Committee may require an inspection to ascertain that the ropeway is so designed and equipped that its devices or methods provide features that are comparable in performance and safety to those of the governing standards and this rule.

(8) The issuance of a certificate of registration with an annual exception shall not bind the Committee to issue such a certificate for the ropeway involved in subsequent years, nor to issue such a certificate for another ropeway of same or similar design.

 

R920-50-13. Operation of Ropeways.

(1) Every passenger ropeway incident shall be reported to the Committee regardless of the time of year in which it occurs and regardless of whether [or not ]the ropeway was open to the public at the time of the incident. The operator shall meet the requirements stated in R920-50-14.

(2) When a ropeway is modified the ropeway operator shall notify the Committee, or its appointed representative. The operator shall meet the requirements stated in R920-50-15.

 

R920-50-14. Incidents.

(1) Reporting of Incidents.

(a) Every passenger ropeway incident, as defined in R920-50-3[(18)](23) shall be verbally reported to the Committee, or the Committee's appointed representative, as soon as reasonably possible, but no later than twenty-four (24) hours after the time of the incident. A written report shall be delivered to the Committee within five (5) days of the incident.

(b) The reports required by this section are to be maintained for administrative enforcement, licensing and certification purposes only. The reports are "protected" records under the Government Records Management Act, Section 63G-2-305 and are also governed by Section 63G-2-207.

(2) Suspension of Operations. When a passenger ropeway incident, as defined in R920-50-3[(17)](23) (a) or (g), occurs, the owner or area operator of the ropeway shall suspend operation of the ropeway and shall notify the Committee through the Committee's appointed representative. The owner or area operator of the ropeway, with the Committee or the Committee's appointed representative, shall perform a joint incident inspection of the ropeway. The inspection shall precede any authorization to resume public operation of the passenger ropeway.

 

R920-50-15. Modification of a Ropeway.

(1) The Committee, or its appointed representative shall determine the certifications that will be required.

(2) Depending on the nature and extent of the modification the Committee, or its appointed representative may require an Acceptance Inspection and Test.

(3) The following certifications may be required: design; construction, and As-Built profile.

(4) The certifications must be submitted by a qualified engineer and attached to the cover of the modification documents. The modification documents shall include the drawings, descriptions, or specifications pertaining to the affected systems and their connections with existing systems.

(5) A revised lift data form shall be submitted.

(6) The ropeway shall not resume operating until authorized by the Committee, or its appointed representative.

 

R920-50-16. Inspections and Testing.

(1) Inspections shall verify that the intent of the design and operational requirements imposed by the Governing Standard and this rule are met. The Committee may order other inspections in accordance with Section 72-11-211. Ropeway inspectors may inspect ropeways at any time during the operation of the ropeway (spot check). All reports, logs, etc. shall be made available to them upon request.

(2) Acceptance Inspection and Test.

(a) The Committee, or its appointed representative, will schedule acceptance inspection and test as the procedures are received.

(3) Annual General Inspection.

All existing ropeway shall have an annual general inspection.

(a) A ropeway inspector shall make the inspection.

(b) The inspection shall occur prior to approval of any registration application.

(c) A report signed by the Ropeway Inspector listing items found either deficient or in noncompliance shall be filed with the owner.

(d) The report shall include the name and address of the inspector and the date of the inspection.

(e) The area operator shall notify the Committee, or its appointed representative of the annual general inspection. The area operator should give a 7[] -day[s] notice of the inspection.

(f) The owner shall correct all deficiencies and noncompliance items listed in the Ropeway Inspector's report.

(4) Incident Inspection.

Incident inspections shall occur as required in R920-50-14.

(5) Operational Inspection.

An [O]operational inspection[s] may be made periodically during each season of use.

(a) A ropeway inspector shall make the inspection.

(b) A report signed by the Ropeway Inspector listing items found either deficient or in noncompliance shall be filed with the owner.

(c) The report shall include the name and address of the inspector and the date of the inspection.

(d) The owner shall correct all deficiencies and noncompliance items listed in the Ropeway Inspector's report.

(6) Pre-operational Inspection.

A pre-operational inspection is required for new and modified lifts.

(a) A ropeway inspector shall make the inspection.

(b) The inspection shall occur prior to approval of any registration application.

(c) A report signed by the Ropeway Inspector listing items found either deficient or in noncompliance shall be filed with the owner.

(d) The report shall include the name and address of the inspector and the date of the inspection.

(e) If the inspection does not take place at the acceptance inspection and testing the area operator shall notify the Committee, or its appointed representative of the inspection. The area operator should give a 7[]-day[s] notice of the inspection.

(f) The owner shall correct all deficiencies and noncompliance items listed in the Ropeway Inspector's report.

 

R920-50-17. Ropeway Inspector and Qualified Engineer.

(1) General.

(a) Any person performing inspection services must be a "ropeway inspector" as required by this rule, and any person performing design services must be a "qualified engineer", as required by this rule.

(b) The Committee shall maintain up-to-date lists of qualified engineers and ropeway inspectors, which lists shall be open to inspection by the public.

(c) Any person desiring to be approved by the Committee as a ropeway inspector or qualified engineer shall submit a written request to the Committee enumerating his or her professional experience and attesting as far as possible to meeting the requirements stated in R920-50-17(2).

(2) Requirements.

(a) Applicant shall satisfy the Committee that by his or her education, training and experience gained by participation in ropeway inspections or designs as a principal or an assistant to a recognized ropeway inspector or ropeway designer, he or she is qualified to be, respectively, an approved inspector or designer or both.

(b) Applicant shall satisfy the Committee that he has a working familiarity and understanding of drawings and design data such as are furnished to design, construct, test, and inspect passenger ropeways, and that he or she has an understanding and working knowledge of the governing standard and this rule.

(c) The Committee may approve qualifications based on experience gained by an applicant through work under direct supervision of a qualified ropeway inspector or qualified ropeway designer.

(d) The Committee may approve employees of the state or individuals retained by the state as qualified ropeway inspectors. Such engineers may be given certain assignments where time is of the essence or a private engineer is not available or willing to undertake the inspection or investigation. It shall be the policy of the Committee to use the services and talents of qualified private engineers wherever possible.

(3) Revocation or suspension of approval as ropeway inspector or qualified engineer.

The committee may revoke or suspend the approval of any qualified engineer or ropeway inspector who is found by the committee to have:

(a) practiced any fraud, misrepresentation, or deceit in applying for approval;

(b) caused damage to another by gross negligence in the practice of passenger ropeway designing, construction, or inspection; or

(c) been engaged in acts of unlawful or unprofessional conduct.

 

R920-50-18. Violations.

The Committee may address violations of this rule pursuant to Utah Code Sections 72-11-212 and 72-11-213.

 

R920-50-19. Administrative Procedures.

Appeals from orders issued pursuant to any provision of this rule shall be governed by R907-1.

 

KEY: transportation safety, tramways, ropeways, tramway permits

Date of Enactment or Last Substantive Amendment: [October 10, 2017]2019

Notice of Continuation: July 6, 2017

Authorizing, and Implemented or Interpreted Law: 72-11-201 through 72-11-216