7340. As used in this chapter:
(a) "Aerial 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) "Permit" means a permit issued by the division to operate an
aerial passenger tramway in any place.
7341. No aerial passenger tramway shall be operated in any place in
this state unless a permit for the operation thereof is issued by
the division, and unless such permit remains in effect and is kept
posted conspicuously in the main operating terminal of the tramway.
7342. The operation of an aerial 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.
7343. Whenever an aerial 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 aerial passenger tramway is located
for an injunction restraining the operation of the aerial 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 aerial 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.
7344. (a) The division shall cause all aerial passenger tramways to
be inspected at least two times each year.
(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) If an aerial 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.
7345. If inspection shows an aerial passenger tramway to be in an
unsafe condition, the division may issue a preliminary order
requiring repairs or alterations to be made to the aerial passenger
tramway which 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.
7346. 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 aerial passenger
tramway may appear and show cause why he should not comply with the
order.
7347. If it thereafter appears to the division that the aerial
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 such aerial passenger tramway safe, the
division may order or confirm the withholding of the permit and may
make such requirements as it deems proper for its repair or
alteration or for the correction of such unsafe condition. Such order
may thereafter be reheard by the division or reviewed by the courts
in the manner specified for safety orders by Part 1 of this division
and not otherwise.
7348. If the operation of an aerial 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 thereof for not to exceed 30 days during the
making of repairs or alterations.
7349. 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.
7350. (a) The division may fix and collect fees for the inspection
of aerial passenger tramways as it deems necessary to cover the
actual cost of having the inspection performed by a division safety
engineer. The division may not charge for inspections performed by
certified insurance inspectors, but may charge a fee of not more than
ten dollars ($10) to cover the cost of 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) Whenever a person owning or having custody, management, or
operation of an aerial 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.
7351. Fees shall be paid before issuance of a permit to operate an
aerial 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.
7352. All fees collected by the division under this chapter shall
be deposited into the Elevator Safety Account to support the division'
s aerial passenger tramway inspection program.
7353. No aerial passenger tramway shall be constructed or altered
until the plans and design information have been properly certified
to the division by an engineer qualified under the Civil and
Professional Engineers Act (Chapter 7, commencing with Section 6700,
of Division 3 of the Business and Professions Code).
Any person who owns, has custody of, manages, or operates an
aerial passenger tramway shall notify the division prior to any major
repair of such tramway.
7354. The division shall not issue an operating permit to operate
an aerial passenger tramway until it receives certification in
writing by an engineer qualified under the Civil and Professional
Engineers Act (Chapter 7, commencing with Section 6700, of Division 3
of the Business and Professions Code) that the erection work on such
tramway has been completed in accordance with the design and
erection plans for such tramway.
7354.5. 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 who is registered in California
pursuant to Chapter 7 (commencing with Section 6700) of Division 3 of
the Business and Professions Code, any aerial passenger tramway used
as a ski lift, the division may, if it finds such inspections were
made according to the provisions of subdivisions (a) and (b) of
Section 7344, accept such 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. Such private inspector
shall, before commencing his duties therein, secure from the division
a certificate of competency to make such inspections. The division
may determine the competency of any applicant for such certificate,
either by examination or by other satisfactory proof of
qualification.
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 such form and content as the
division may find necessary for acceptance as a proper inspection
made by such private inspector.
7355. Nothing in the foregoing sections of this chapter shall limit
the authority of the division to prescribe or enforce general or
special safety orders.
7356. The division shall, under the authority of Section 7355,
promulgate and cause to be published safety orders directing each
owner or operator of an aerial passenger tramway to report to the
division each known incident where the maintenance, operation, or use
of such tramway results in injury to any person, unless such injury
does not require medical service other than ordinary first aid
treatment.
7357. The division shall establish standards for the qualification
of persons engaged in the operation of aerial 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 aerial passenger tramways and
those engaged in their operation.
7340. As used in this chapter:
(a) "Aerial 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) "Permit" means a permit issued by the division to operate an
aerial passenger tramway in any place.
7341. No aerial passenger tramway shall be operated in any place in
this state unless a permit for the operation thereof is issued by
the division, and unless such permit remains in effect and is kept
posted conspicuously in the main operating terminal of the tramway.
7342. The operation of an aerial 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.
7343. Whenever an aerial 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 aerial passenger tramway is located
for an injunction restraining the operation of the aerial 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 aerial 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.
7344. (a) The division shall cause all aerial passenger tramways to
be inspected at least two times each year.
(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) If an aerial 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.
7345. If inspection shows an aerial passenger tramway to be in an
unsafe condition, the division may issue a preliminary order
requiring repairs or alterations to be made to the aerial passenger
tramway which 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.
7346. 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 aerial passenger
tramway may appear and show cause why he should not comply with the
order.
7347. If it thereafter appears to the division that the aerial
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 such aerial passenger tramway safe, the
division may order or confirm the withholding of the permit and may
make such requirements as it deems proper for its repair or
alteration or for the correction of such unsafe condition. Such order
may thereafter be reheard by the division or reviewed by the courts
in the manner specified for safety orders by Part 1 of this division
and not otherwise.
7348. If the operation of an aerial 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 thereof for not to exceed 30 days during the
making of repairs or alterations.
7349. 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.
7350. (a) The division may fix and collect fees for the inspection
of aerial passenger tramways as it deems necessary to cover the
actual cost of having the inspection performed by a division safety
engineer. The division may not charge for inspections performed by
certified insurance inspectors, but may charge a fee of not more than
ten dollars ($10) to cover the cost of 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) Whenever a person owning or having custody, management, or
operation of an aerial 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.
7351. Fees shall be paid before issuance of a permit to operate an
aerial 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.
7352. All fees collected by the division under this chapter shall
be deposited into the Elevator Safety Account to support the division'
s aerial passenger tramway inspection program.
7353. No aerial passenger tramway shall be constructed or altered
until the plans and design information have been properly certified
to the division by an engineer qualified under the Civil and
Professional Engineers Act (Chapter 7, commencing with Section 6700,
of Division 3 of the Business and Professions Code).
Any person who owns, has custody of, manages, or operates an
aerial passenger tramway shall notify the division prior to any major
repair of such tramway.
7354. The division shall not issue an operating permit to operate
an aerial passenger tramway until it receives certification in
writing by an engineer qualified under the Civil and Professional
Engineers Act (Chapter 7, commencing with Section 6700, of Division 3
of the Business and Professions Code) that the erection work on such
tramway has been completed in accordance with the design and
erection plans for such tramway.
7354.5. 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 who is registered in California
pursuant to Chapter 7 (commencing with Section 6700) of Division 3 of
the Business and Professions Code, any aerial passenger tramway used
as a ski lift, the division may, if it finds such inspections were
made according to the provisions of subdivisions (a) and (b) of
Section 7344, accept such 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. Such private inspector
shall, before commencing his duties therein, secure from the division
a certificate of competency to make such inspections. The division
may determine the competency of any applicant for such certificate,
either by examination or by other satisfactory proof of
qualification.
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 such form and content as the
division may find necessary for acceptance as a proper inspection
made by such private inspector.
7355. Nothing in the foregoing sections of this chapter shall limit
the authority of the division to prescribe or enforce general or
special safety orders.
7356. The division shall, under the authority of Section 7355,
promulgate and cause to be published safety orders directing each
owner or operator of an aerial passenger tramway to report to the
division each known incident where the maintenance, operation, or use
of such tramway results in injury to any person, unless such injury
does not require medical service other than ordinary first aid
treatment.
7357. The division shall establish standards for the qualification
of persons engaged in the operation of aerial 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 aerial passenger tramways and
those engaged in their operation.
7340. As used in this chapter:
(a) "Aerial 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) "Permit" means a permit issued by the division to operate an
aerial passenger tramway in any place.
7341. No aerial passenger tramway shall be operated in any place in
this state unless a permit for the operation thereof is issued by
the division, and unless such permit remains in effect and is kept
posted conspicuously in the main operating terminal of the tramway.
7342. The operation of an aerial 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.
7343. Whenever an aerial 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 aerial passenger tramway is located
for an injunction restraining the operation of the aerial 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 aerial 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.
7344. (a) The division shall cause all aerial passenger tramways to
be inspected at least two times each year.
(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) If an aerial 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.
7345. If inspection shows an aerial passenger tramway to be in an
unsafe condition, the division may issue a preliminary order
requiring repairs or alterations to be made to the aerial passenger
tramway which 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.
7346. 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 aerial passenger
tramway may appear and show cause why he should not comply with the
order.
7347. If it thereafter appears to the division that the aerial
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 such aerial passenger tramway safe, the
division may order or confirm the withholding of the permit and may
make such requirements as it deems proper for its repair or
alteration or for the correction of such unsafe condition. Such order
may thereafter be reheard by the division or reviewed by the courts
in the manner specified for safety orders by Part 1 of this division
and not otherwise.
7348. If the operation of an aerial 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 thereof for not to exceed 30 days during the
making of repairs or alterations.
7349. 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.
7350. (a) The division may fix and collect fees for the inspection
of aerial passenger tramways as it deems necessary to cover the
actual cost of having the inspection performed by a division safety
engineer. The division may not charge for inspections performed by
certified insurance inspectors, but may charge a fee of not more than
ten dollars ($10) to cover the cost of 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) Whenever a person owning or having custody, management, or
operation of an aerial 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.
7351. Fees shall be paid before issuance of a permit to operate an
aerial 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.
7352. All fees collected by the division under this chapter shall
be deposited into the Elevator Safety Account to support the division'
s aerial passenger tramway inspection program.
7353. No aerial passenger tramway shall be constructed or altered
until the plans and design information have been properly certified
to the division by an engineer qualified under the Civil and
Professional Engineers Act (Chapter 7, commencing with Section 6700,
of Division 3 of the Business and Professions Code).
Any person who owns, has custody of, manages, or operates an
aerial passenger tramway shall notify the division prior to any major
repair of such tramway.
7354. The division shall not issue an operating permit to operate
an aerial passenger tramway until it receives certification in
writing by an engineer qualified under the Civil and Professional
Engineers Act (Chapter 7, commencing with Section 6700, of Division 3
of the Business and Professions Code) that the erection work on such
tramway has been completed in accordance with the design and
erection plans for such tramway.
7354.5. 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 who is registered in California
pursuant to Chapter 7 (commencing with Section 6700) of Division 3 of
the Business and Professions Code, any aerial passenger tramway used
as a ski lift, the division may, if it finds such inspections were
made according to the provisions of subdivisions (a) and (b) of
Section 7344, accept such 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. Such private inspector
shall, before commencing his duties therein, secure from the division
a certificate of competency to make such inspections. The division
may determine the competency of any applicant for such certificate,
either by examination or by other satisfactory proof of
qualification.
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 such form and content as the
division may find necessary for acceptance as a proper inspection
made by such private inspector.
7355. Nothing in the foregoing sections of this chapter shall limit
the authority of the division to prescribe or enforce general or
special safety orders.
7356. The division shall, under the authority of Section 7355,
promulgate and cause to be published safety orders directing each
owner or operator of an aerial passenger tramway to report to the
division each known incident where the maintenance, operation, or use
of such tramway results in injury to any person, unless such injury
does not require medical service other than ordinary first aid
treatment.
7357. The division shall establish standards for the qualification
of persons engaged in the operation of aerial 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 aerial passenger tramways and
those engaged in their operation.
