CHAPTER Pas 100  PASSENGER TRAMWAY SAFETY BOARD ORGANIZATIONAL RULES

 

PART Pas 101  DEFINITIONS

 

          Pas 101.01  "Board" means the New Hampshire passenger tramway safety board as defined in RSA 225-A:3-a.

 

Source.  #6319, eff 8-22-96; ss by #10070, eff 1-11-12

 

          Pas 101.02  "Quorum" means three members of the board.

 

Source.  #6319, eff 8-22-96; ss by #10070, eff 1-11-12

 

PART Pas 102  ORGANIZATION

 

          Pas 102.01  Composition of the Board.  Pursuant to RSA 225-A:3-a, the board shall consist of 4 members appointed by the governor and council.

 

Source.  #6319, eff 8-22-96; ss by #10070, eff 1-11-12

 

          Pas 102.02  Duties of the Board.  The responsibilities of the board include:

 

          (a)  Adopting rules pursuant to RSA 225-A:8;

 

          (b)  Accepting and investigating complaints pursuant to RSA 225-A:13;

 

          (c)  Registering passenger tramway operators pursuant to RSA 225-A:14;

 

          (d)  Issuing emergency shut down orders and other orders pursuant to RSA 225-A:18-a and 225-A:19;

 

          (e)  Holding hearings as required by RSA 225-A:20; and

 

          (f)  Any other duty or power specified by statute.

 

Source.  #6319, eff 8-22-96

 

PART Pas 103  INFORMATIONAL REQUESTS OR SUBMISSIONS

 

          Pas 103.01  Obtaining and Submitting Information or Requests.

 

          (a)  Individuals may obtain information, make submissions or requests relative to passenger tramway safety by writing to the passenger tramway safety board, c/o department of safety, commissioner’s office, 33 Hazen Drive, Concord, New Hampshire, 03305.

 

          (b)  The board may be contacted by telephone at (603) 223-4289

 

Source.  #6319, eff 8-22-96; ss by #10070, eff 1-11-12

 

PART Pas 104  CONDUCT OF BOARD MEETINGS

 

          Pas 104.01  Meeting Procedure.  Board meeting procedure shall be according to Robert's Rules of Order (1967) and RSA 91-A.

 

Source.  #6319, eff 8-22-96

 

CHAPTER Pas 200  PASSENGER TRAMWAY SAFETY BOARD HEARING AND PROCEDURAL RULES

 

PART Pas 201  TIME PERIOD

 

          Pas 201.01  Computation of Time.

 

          (a)  Unless otherwise specified, all time periods referenced in this chapter shall be calendar days.

 

          (b)  Computation of any period of time referred to in these rules shall begin with the day after the action which sets the time period in motion, and shall include the last day of the period so computed.

 

          (c)  If the last day of the period so computed falls on a Saturday, Sunday or state legal holiday, then the time period shall be extended to include the first business day following the Saturday, Sunday or state legal holiday.

 

Source.  #6320, eff 8-22-96; ss by #8132, eff 7-30-04

 

PART Pas 202  PRESIDING OFFICER; WAIVER OF RULES

 

          Pas 202.01  Presiding Officer; Appointment; Authority.

 

          (a)  The chairperson shall serve as a presiding officer for all adjudicative hearings or other proceedings unless the board has delegated authority to another individual.

 

          (b)  The presiding officer shall as necessary:

 

(1)  Regulate and control the course of a hearing;

 

(2)  Facilitate an informal resolution of an appeal;

 

(3)  Administer oaths and affirmations;

 

(4)  Receive relevant evidence at hearings and exclude irrelevant, immaterial or unduly repetitious evidence;

 

(5)  Rule on procedural requests, including adjournments or postponements, at the request of a party or on the presiding officer's own motion;

 

Source.  #6320, eff 8-22-96; ss by #8132, eff 7-30-04

 

          Pas 202.02  Withdrawal of Presiding Officer or Board Member.

 

          (a)  Upon his or her own initiative or upon the motion of any party, a presiding officer shall, for good cause, withdraw from any hearing.

 

          (b)  Good cause shall exist if a presiding officer:

 

(1)  Has a direct interest in the outcome of a proceeding, including, but not limited to, a financial or family relationship, within the third degree of relationship, with any party; or

 

(2)  Has made statements or engaged in behavior which objectively demonstrates that he or she has prejudged the facts of a case; or

 

(3)  Personally believes that he or she cannot fairly judge the facts of a case.

 

          (c)  Mere knowledge of the issues, the parties or any witness shall not constitute good cause for withdrawal.

 

Source.  #6320, eff 8-22-96; ss by #8132, eff 7-30-04

 

          Pas 202.03  Waiver of Procedural Rules.  The presiding officer, upon the accepted motion of any interested person, shall waive any procedural requirement or limitation imposed by this chapter upon reasonable notice to affected persons when it appears that the proposed waiver or suspension is lawful, and would be more likely to promote the fair, accurate and efficient resolution of issues properly pending before the board than would adherence to particular procedural rules or requirements. A motion for waiver or suspension of a procedural rule or order shall fully set forth the reasons for the requested relief.

 

Source.  #6320, eff 8-22-96; ss by #8132, eff 7-30-04

 

PART Pas 203  ADJUDICATIVE HEARINGS – PREHEARING PROCEDURES

 

          Pas 203.01  Request for Hearing.

 

          (a)  An operator who is aggrieved by an order issued by the board or the commissioner, except for an emergency shut down order, may request a hearing within 10 days of the service of the order.

 

          (b)  Requests for a hearing shall be sent to the board at:

 

Passenger Tramway Safety Board

c/o Department of Safety

Commissioner’s Office

33 Hazen Drive

Concord, New Hampshire, 03305.

 

          (c)  Requests for a hearing shall include the following:

 

(1)  Name of operator; and

 

(2)  Date of service of order to operator.

 

Source.  #6320, eff 8-22-96; ss by #8132, eff 7-30-04; ss by #10070, eff 1-11-12

 

          Pas 203.02  Service.

 

          (a)  All objections, motions, replies, exhibits, memoranda, or other documents filed with the board in connection with a request for board action shall be served by the proponent upon all other parties to the proceeding by:

 

(1)  Depositing a copy of the document in the United States mail, first class postage prepaid, addressed to the last address given to the board by the party being served, no later than the day the document is filed with the board; or

 

(2)  Delivering a copy of the document in hand on or before the date it is filed with the board.

 

          (b)  Notices, orders, decisions or other documents issued by the board in connection with a request for board actions shall be served by the board upon all parties to the proceeding by either:

 

(1)  Depositing a copy of the document, first class postage prepaid, in the United States mail, addressed to the last address given to the board by the party being served; or

 

(2)  Delivering a copy of the document in hand to the party.

 

          (c)  When a party has appeared by a representative, delivery of a document to the party’s representative at the address stated on the appearance filed by the representative shall constitute delivery to the party.

 

          (d)  Except for exhibits distributed at a prehearing conference or hearing, every document filed with the  board in accordance with (a) above, and required to be served upon the parties to an adjudicative proceeding, shall be accompanied by a certificate of service, signed by the person making service, attesting to the method and date of service, and the persons served.

 

Source.  #6320, eff 8-22-96; ss by #8132, eff 7-30-04

 

          Pas 203.03  Notice of Hearing.

 

          (a)  The board shall schedule the date, time and place of the hearing.  The date shall be scheduled at the earliest mutually convenient date.

 

          (b)  The notice shall:

 

(1)  Comply with RSA 541-A:31, III;

 

(2)  Include information regarding continuances pursuant to Pas 204.01(a);

 

(3)  Be in writing and delivered to the all parties by mail or in hand.

 

Source.  #8132, eff 7-30-04

 

          Pas 203.04  Prehearing Conferences.

 

          (a)  At any time following the commencement of an adjudicative proceeding, the presiding officer, upon motion, or its own initiative, shall request the parties to attend one or more prehearing conferences when such a conference would aid in the disposition of the proceeding.

 

          (b)  Matters which can be addressed at a prehearing conference shall include:

 

(1)  The distribution of exhibits and written testimony, if any, to the parties;

 

(2)  Opportunities and procedures for simplification of the issues;

 

(3)  Possible amendments to the pleadings;

 

(4)  Opportunities and procedures for settlement;

 

(5)  Possible admissions of fact and authentication of documents to avoid unnecessary proof;

 

(6)  Possible limitations on the number of witnesses, and possible limitations on the scheduling of witnesses;

 

(7)  Possible changes to the standard procedures by consent of the parties which would otherwise govern the proceeding; and

 

(8)  Other matters which might contribute to the orderly, prompt, and fair resolution of the proceeding.

 

          (c)  The board shall cause all prehearing conferences to be recorded excluding settlement discussions. Matters decided at a prehearing conference shall be reflected in an appropriate order.

 

Source.  #8132, eff 7-30-04

 

PART Pas 204  ADJUDICATIVE HEARINGS - HEARING PROCEDURES AND RULES

 

          Pas 204.01  Requests for Continuances.

 

          (a)  A request for continuance of a hearing shall be made in writing and received by the board, absent exigent circumstances, at least 5 working days prior to the hearing.

 

          (b)  Exigent circumstances shall include:

 

(1)  Serious illness;

 

(2)  Hospitalization;

 

(3)  Incarceration;

 

(4)  Death of a family member; or

 

(5)  Any other unforeseeable circumstance beyond the party's control that requires the party's absence from the scheduled hearing.

 

          (c)  Appearance by a representative of a party shall not waive the party's required presence at a hearing.

 

          (d)  The written request or motion shall contain but need not be limited to:

 

(1)  The specific reason(s) for the request including issue(s) to be resolved and conflicts with scheduled court appearances;

 

(2)  Optional dates and times when all interested parties shall be available;

 

(3)  The identity of the requestor; and

 

(4)  The name of the respondent.

 

          (e)  If a continuance is requested by a party to the hearing, it shall be granted if the presiding officer determines that good cause has been demonstrated. Good cause shall include the unavailability of parties, witnesses or attorneys necessary to conduct the hearing, the likelihood that a hearing will not be necessary because the parties have reached a settlement or any other circumstances that demonstrate that a postponement would assist in resolving the case fairly.

 

Source.  #6320, eff 8-22-96; ss by #8132, eff 7-30-04

 

          Pas 204.02  Representation of Parties.

 

          (a)  Parties may appear pro se or be represented by an attorney or as specified by RSA 311:1.

 

          (b)  Parties or their representatives may cross-examine witnesses and present evidence and witnesses on their own behalf.

 

          (c)  The presiding officer shall conduct and complete such questioning to obtain all necessary information for the board to make a fair and informed decision.

 

          (d)  Appearance by a representative of a party shall not waive the party's required presence at a hearing.

 

Source.  #6320, eff 8-22-96; ss by #8132, eff 7-30-04

 

          Pas 204.03  Role of Agency Staff in Enforcement Hearing.  Unless called as witnesses, agency staff shall have no role in any enforcement hearing.

 

Source.  #6320, eff 8-22-96; ss by #8132, eff 7-30-04

 

          Pas 204.04  Role of Complainants in Enforcement Hearings.  Unless called as a witness or granted party or intervenor status, a person who initiates an adjudicative proceeding by complaining to the board about the conduct of person who becomes a party shall have no role in any enforcement hearing.

 

Source.  #8132, eff 7-30-04

 

          Pas 204.05  Intervention.

 

          (a)  A petitioner shall state with particularity in his or her petition for intervention the following:

 

(1)  The petitioner's interest in the subject matter of the hearing;

 

(2)  The petitioner's position with respect to the subject matter of the hearing;

 

(3)  Why the interests of the parties and the orderly and prompt conduct of the proceeding would not be impaired; and

 

(4)  Any other reasons why the petitioner should be permitted to intervene.

 

          (b)  Petitions for intervention shall be granted any time during the proceeding if the petitioner has a substantial interest in the proceeding and granting the petition is in the interest of justice, and if granting intervention will not unduly delay the board's proceeding.

 

          (c)  Once granted leave to intervene, an intervenor shall take the proceeding as he or she finds it and no portion of the proceeding shall be repeated because of the fact of intervention.

 

Source.  #8132, eff 7-30-04

 

          Pas 204.06  Public Access.

 

          (a)  Except as otherwise provided by law, administrative hearings shall be open to the public.

 

          (b)  Members of the press shall be admitted to the hearings whenever the public is permitted. If the press is present at a hearing, the presiding officer shall brief them, on the record, in the presence of all parties, as to the nature and purpose of the hearing.

 

Source.  #8132, eff 7-30-04

 

          Pas 204.07  Motions.

 

          (a)  Motions shall be in written form and filed with the presiding officer, unless made in response to a matter asserted for the first time at a hearing or on the basis of information which was not received in time to prepare a written motion.

 

          (b)  Oral motions and any oral objection to such motions shall be recorded in full in the record of the hearing. If the presiding officer finds that the motion requires additional information in order to be fully and fairly considered, the presiding officer shall direct the moving party to submit the motion in writing, with supporting information.

 

          (c)  Objections to written motions shall be filed within 30 days of the date of the motion;

 

          (d)  Failure by an opposing party to object to a motion shall not in and of itself constitute grounds for granting the motion.

 

          (e)  The presiding officer shall rule upon a motion after full consideration of all objections and other factors relevant to the motion.

 

Source.  #8132, eff 7-30-04

 

          Pas 204.08  Official Notice.

 

          (a)  The board shall take official notice pursuant to RSA 541-A:33, V.

 

          (b)  The board shall state on the record the matters of which he intends to take official notice, and afford the parties the opportunity to object.

 

Source.  #8132, eff 7-30-04

 

          Pas 204.09  Rules of Evidence.  The following shall govern the introduction and admissibility of evidence:

 

          (a)  The rules of evidence shall not apply to passenger tramway safety board hearings;

 

          (b)  All relevant evidence shall be admissible.  Such evidence shall include, but not be limited to, depositions, affidavits, official documents and testimony of witnesses.

 

          (c)  Applicable statutory and constitutional privileges and immunities requiring exclusion of evidence in civil proceedings shall be recognized, provided that nothing herein shall prohibit a party from waiving his/her privilege and immunity.

 

Source.  #8132, eff 7-30-04

 

          Pas 204.10  Burden of Proof.

 

          (a)  The party asserting the affirmative of a proposition shall have the burden of proving the truth of that proposition by a preponderance of the evidence.

 

          (b)  Without limiting the generality of paragraph (a), above, all moving parties and all petitioners shall have the burden of persuading the board that their motion or petition should be granted.

 

Source.  #8132, eff 7-30-04

 

          Pas 204.11  Decision of the Board.  Pursuant to RSA 225-A:20, the board shall:

 

(1)  Present written findings to the commissioner;

 

(2)  Make such order as the facts require.

 

Source.  #8132, eff 7-30-04

 

          Pas 204.12  Reopening of the Record.

 

          (a)  At any time prior to the issuance of the decision on the merits, the presiding officer, on the presiding officer’s own motion or on the motion of any party, shall reopen the record to receive newly discovered, relevant, material and non-duplicative testimony or evidence not previously received and not previously available at the time of hearing if the presiding officer determines that such testimony and evidence are necessary to a full consideration of the issues which form the subject of the hearing.

 

          (b)  Requests to reopen the record made after one or more parties have left the hearing shall be made in writing and supplied to the board and to any parties to the proceeding by the requestor. The requirements of Pas 203.02 shall be met.

 

          (c)  The presiding officer shall give written notice of such further proceedings if the parties are no longer present. The presiding officer shall also specify a date by which other parties, if any, shall respond to or rebut the newly received evidence.

 

Source.  #8132, eff 7-30-04

 

          Pas 204.13  Appeals.  All appeals shall be pursuant to RSA 225-A:21.

 

Source.  #8132, eff 7-30-04

 

PART Pas 205  RULEMAKING PETITIONS

 

          Pas 205.01  Rulemaking Petition.

 

          (a)  Petitions for rulemaking shall be in writing.

 

          (b)  The petitioner shall include a cover letter stating the reason(s) for the proposed rule.

 

          (c)  The petitioner shall include his/her name, address and telephone number.

 

d)  Petitions shall be sent to the board at:

 

Passenger Tramway Safety Board

c/o Department of Safety

Commissioner’s Office

33 Hazen Drive

Concord, NH  03305.

 

Source.  #8132, eff 7-30-04; ss by #10070, eff 1-11-12

 

          Pas 205.02  Disposition of Petitions for Rulemaking.

 

          (a)  The board shall request additional information from the petitioner if such additional information is required to reach a decision.

 

          (b)  The board shall deny the petition for rulemaking when the adoption, amendment or repeal of such rule results in:

 

(1)  A rule which is not within the rulemaking authority of the board;

 

(2)  Duplication of a rule or a statutory provision;

 

(3)  Inconsistency between the existing rules and the statutory mandate of the board;

 

(4)  Inconsistency of administrative rules one with another; or

 

(5)  A rule that is contrary to public safety or public interest.

 

          (c)  Within 30 days of receipt of a sufficient petition, the board shall dispose of it by notifying the petitioner:

 

(1)  That the petition is granted and beginning rulemaking proceedings as required by RSA 541-A:4; or

 

(2)  In writing that the petition is denied and the reasons for its denial.

 

          (d)  The denial of a petition for rulemaking shall not entitle the petitioner to a hearing.

 

Source.  #8132, eff 7-30-04

 

PART Pas 206  RULEMAKING HEARINGS

 

          Pas 206.01  Scope.  This part shall apply to rulemaking hearings required pursuant to RSA 541-A:11.

 

Source.  #8132, eff 7-30-04

 

          Pas 206.02  Notice.  The board shall cause to be published in the New Hampshire Rulemaking Register a notice of its intent to hold a rulemaking hearing pursuant to RSA 541-A:6.

 

Source.  #8132, eff 7-30-04

 

          Pas 206.03  Presiding Officer.

 

          (a)  The hearing shall be presided over by the chairperson of the board or his or her designee.

 

          (b)  The chairperson or designee shall:

 

(1)  Determine whether a quorum of the board is present for the hearing;

 

(2)  Call the hearing to order;

 

(3)  Cause a recording of the hearing to be made;

 

(4)  Recognize those who wish to be heard;

 

(5)  Maintain order during the hearing; and

 

(6)  Adjourn the hearing.

 

Source.  #8132, eff 7-30-04

 

          Pas 206.04  Order of the Hearing.

 

          (a)  Any individual who wishes to testify at the hearing shall provide his or her full name on a speakers list furnished by the board.

 

          (b)  Individuals shall be called to testify in the order in which they signed up.

 

          (c)  Before adjourning the public hearing and after all individuals who signed up have been heard, the chairperson or designee shall call for any new testimony from any new speaker.

 

          (d)  When the chairperson or designee has determined that no other individual wishes to testify, he or she shall close the public hearing.

 

Source.  #8132, eff 7-30-04

 

          Pas 206.05  Postponement and Continuations.

 

          (a)  The chairperson or designee shall postpone a hearing to a later date, time or place in the event of:

 

(1)  Inclement weather;

 

(2)  A lack of a quorum; or

 

(3)  Determination by the board that postponement of the hearing shall facilitate greater participation by the public.

 

          (b)  The chairperson or designee shall continue a hearing to a later date, time or place in the event that:

 

(1)  The time allotted is not sufficient to give each individual who wishes to testify an opportunity to do so; or

 

(2)  A lack of a quorum due to unavoidable absence.

 

          (c)  Notice of a postponement or continuation of a public hearing or written comment period shall be provided pursuant to RSA 541-A:11, III.

 

Source.  #8132, eff 7-30-04

 

          Pas 206.06  Written or Electronic Comments.  Individuals may submit written or electronic comments to the board on proposed rulemaking actions any time from the time notice has been published until the end of the written comment period as set forth in the notice of rulemaking.

 

Source.  #8132, eff 7-30-04

 

          Pas 206.07  Transcripts or Copies of Tapes.

 

          (a)  All hearings shall be tape recorded.

 

          (b)  A written request for a copy of the tape may be sent to:

 

Passenger Tramway Safety Board

c/o Department of Safety

Commissioner’s Office

33 Hazen Drive

Concord, NH  03305.

 

          (c)  Pursuant to RSA 91-A:4, a person requesting a copy of the tape recording shall pay the actual cost of duplication.

 

          (d)  Recordings of proceedings shall be preserved for no less than 75 days from the conclusion of the hearing date.

 

Source.  #8132, eff 7-30-04; amd by #9354-A, eff 1-3-09; ss by #10070, eff 1-11-12

 

PART Pas 207  DECLARATORY RULING

 

          Pas 207.01  Submitting Request for Declaratory Ruling.

 

          (a)  Individuals petitioning for a declaratory ruling, as defined by RSA 541-A:1, V, shall submit the following information to the board in writing:

 

(1)  The specific statute, rule, or order whose applicability is being questioned;

 

(2)  The interest of the petitioner;

 

(3)  The activity in question; and

 

(4)  The name, address and phone number of the petitioner.

 

          (b)  Any petition which does not contain the information in (a) above shall be inadequate.

 

Source.  #8132, eff 7-30-04

 

          Pas 207.02  Time for Consideration.  The board shall review the declaratory ruling petition at the meeting following receipt of the petition, unless the petition is received less than one week before the next scheduled meeting, in which case the board shall consider the petition at its next meeting.

 

Source.  #8132, eff 7-30-04

 

          Pas 207.03  Disposition of Petition.

 

          (a)  The board shall act on the petition as follows:

 

(1)  Issue a written declaratory ruling within 30 days of the meeting at which the petition was considered;

 

(2)  Reject the declaratory ruling petition if it is inadequate or beyond the scope of the board's authority as specified in RSA 225-A; or

 

(3)  Refer the petition to the department of justice when the board requires legal guidance.  In such cases the board shall render a decision to the petition within 120 days of receiving the petition.

 

Source.  #8132, eff 7-30-04

 

PART Pas 208  RETENTION OF RECORDS

 

          Pas 208.01  Recordkeeping.

 

          (a)  Unless otherwise specifically stated elsewhere in the law or rules, all records and documents received by the board shall be retained for a minimum of 5 years.

 

          (b)  Notwithstanding (a) above, the original approved designs package of a lift shall be retained for a minimum of 5 years after the last registration.

 

Source.  #8132, eff 7-30-04

 

PART Pas 209  REQUEST FOR STATEMENT EXPLAINING RULE

 

          Pas 209.01  Request for Rule Explanation.

 

          (a)  Within 30 days after the adoption of a rule, any interested person may request the board to issue a statement explaining the following:

 

(1)  The principle reason(s) for and against the adoption of a rule in its final form; or

 

(2)  Reasons why the board overruled arguments and considerations relative to the rule.

 

          (b)  Requests shall be sent to the board at:

 

Passenger Tramway Safety Board

c/o Department of Safety

Commissioner’s Office

33 Hazen Drive

Concord, NH  03305

 

          (c)  Upon receipt of a request for rule explanation, the board shall issue a statement that provides the information set forth in (a) above.

 

Source.  #8132, eff 7-30-04; amd by #9354-B, eff 1-3-09; ss by #10071, eff 1-11-12

 

CHAPTER Pas 300  PASSENGER TRAMWAY SAFETY RULES

 

REVISION NOTE:

 

Document #6284, effective 7-10-96 readopt and renumbered Pas 2000 as Pas 300.

 

PART Pas 301  DEFINITIONS

 

          Pas 301.01  "ANSI" means the American National Standards Institute, Inc., 25 West 43rd Street, 4th Floor, New York, New York, 10036.

 

Source.  #2297, eff 2-7-83; ss by #2704, eff 5-9-84, EXPIRED 5-9-90 (formerly Saf-S 1001.01)

 

New.  #4862, eff 7-10-90; ss by #6284, eff 7-10-96; ss by #7800, eff 12-11-02, EXPIRED: 12-11-10

 

New.  #10072, eff 1-11-12 (from Pas 301.02)

 

          Pas 301.02  "Area operator" means the person who owns and/or is responsible for the operation of a facility using a passenger tramway.

 

Source.  #2297, eff 2-7-83; ss by #2704, eff 5-9-84, EXPIRED 5-9-90 (formerly Saf-S 1001.02)

 

New.  #4862, eff 7-10-90; ss by #5434, eff 7-8-92; ss by #6020, eff 4-14-95; ss by #6284, eff 7-10-96; ss by #7800, eff 12-11-02, EXPIRED: 12-11-10

 

New.  #9354-B, eff 1-3-09; ss by #10072, eff 1-11-12 (from Pas 301.03)

 

          Pas 301.03  "Authority having jurisdiction" means the New Hampshire passenger tramway safety board.

 

Source.  #2297, eff 2-7-83; ss by #2704, eff 5-9-84, EXPIRED 5-9-90 (formerly Saf-S 1001.03)

 

New.  #4862, eff 7-10-90; ss by #6284, eff 7-10-96; ss by #7800, eff 12-11-02, EXPIRED: 12-11-10

 

New.  #10072, eff 1-11-12 (from Pas 301.04); ss by #10382, eff 7-23-13 (from Pas 301.04)

 

          Pas 301.04  "Board" means “board” as defined in RSA 225-A:2, I.

 

Source.  #2297, eff 2-7-83; ss by #2704, eff 5-9-84,

EXPIRED 5-9-90 (formerly Saf-S 1001.04)

 

New.  #4862, eff 7-10-90; ss by #6284, eff 7-10-96; ss by #7800, eff 12-11-02, EXPIRED: 12-11-10

 

New.  #10072, eff 1-11-12 (from Pas 301.06); ss by #10382, eff 7-23-13 (from Pas 301.05)

 

          Pas 301.05  Bodily injury” means any injury where medical services are rendered beyond the first aid provided on-site.

 

Source.  #2297, eff 2-7-83; ss by #2704, eff 5-9-84, EXPIRED 5-9-90 (formerly Saf-S 1001.05)

 

New.  #4862, eff 7-10-90; ss by #6284, eff 7-10-96; ss by #7800, eff 12-11-02, EXPIRED: 12-11-10

 

New.  #10072, eff 1-11-12 (from Pas 301.06); ss by #10382, eff 7-23-13

 

          Pas 301.06  "Cable attachment" means the method or gripping device for securing the car, gondola, chair or bar hanger to the cable or wire rope.

 

Source.  #2297, eff 2-7-83; ss by #2704, eff 5-9-84, EXPIRED 5-9-90 (formerly Saf-S 1001.06)

 

New.  #4862, eff 7-10-90; ss by #6284, eff 7-10-96; ss by #7800, eff 12-11-02, EXPIRED: 12-11-10

 

New  #10072, eff 1-11-12 (from Pas 301.07)

 

          Pas 301.07  Carousel” means a class of outdoor transportation wherein skiers are transported in a circle.  The skier is propelled in a circular pattern while holding on to a rotating tow bar.

 

Source.  #2297, eff 2-7-83; ss by #2704, eff 5-9-84, EXPIRED 5-9-90 (formerly Saf-S 1001.07)

 

New.  #4862, eff 7-10-90; ss by #6284, eff 7-10-96; ss by #7800, eff 12-11-02, EXPIRED: 12-11-11

 

New.  #10072, eff 1-11-12 (from Pas 301.08)

 

          Pas 301.08  Construction” means the excavation for installation, or placement of any foundation, or placement of structural materials of a passenger tramway.

 

Source.  #2297, eff 2-7-83; ss by #2704, eff 5-9-84, EXPIRED 5-9-90 (formerly Saf-S 1001.08)

 

New.  #4862, eff 7-10-90; ss by #6284, eff 7-10-96; ss by #7800, eff 12-11-02, EXPIRED: 12-11-10

 

New.  #10072, eff 1-11-12 (from Pas 301.09)

 

          Pas 301.09  "Department" means the New Hampshire department of safety.

 

Source.  #2297, eff 2-7-83; ss by #2704, eff 5-9-84, EXPIRED 5-9-90 (formerly Saf-S 1001.09)

 

New.  #4862, eff 7-10-90; ss by #6284, eff 7-10-96; ss by #7800, eff 12-11-02, EXPIRED: 12-11-10

 

New.  #10072, eff 1-11-12 (from Pas 301.10); ss by #10382, eff 7-23-13 (from Pas 301.10)

 

     Pas 301.10  "Industry" means "industry" as defined in RSA 225-A:2, III.

 

Source.  #4862, eff 7-10-90; ss by #5434, eff 7-8-92; ss by #6284, eff 7-10-96; ss by #7800, eff 12-11-02; ss by #8201, eff 11-9-04; ss by #10072, eff 1-11-12 (from Pas 301.14); ss by #10382, eff 7-23-13 (from Pas 301.13)

 

          Pas 301.11  "Passenger tramway" means "passenger tramway" as defined in RSA 225-A:2,VI.

 

Source.  #2297, eff 2-7-83; ss by #2704, eff 5-9-84, EXPIRED 5-9-90 (formerly Saf-S 1001.10)

 

New.  #4862, eff 7-10-90; ss by #6284, eff 7-10-96; ss by #7800, eff 12-11-02, EXPIRED: 12-11-10

 

New.  #10072, eff 1-11-12 (from Pas 301.16); ss by #10382, eff 7-23-13 (from Pas 301.15)

 

          Pas 301.12  "Qualified engineer" means  a professional engineer registered in New Hampshire.

 

Source.  #2297, eff 2-7-83; ss by #2704, eff 5-9-84, EXPIRED 5-9-90 (formerly Saf-S 1001.11)

 

New.  #4862, eff 7-10-90; ss by #6284, eff 7-10-96; ss by #7800, eff 12-11-02, EXPIRED: 12-11-10

 

New.  #10072, eff 1-11-12 (from Pas 301.17); ss by #10382, eff 7-23-13 (from Pas 301.16)

 

          Pas 301.13  "Qualified wire rope splicer" means an individual who is acceptable to the board to splice wire rope as specified in Pas 304.03.

 

Source.  #4329, eff 10-20-87; ss by #4862, eff 7-10-90 (formerly Saf-S 1001.12); ss by #6284, eff 7-10-96; ss by #7800, eff 12-11-02, EXPIRED: 12-11-10

 

New.  #10072, eff 1-11-12 (from Pas 301.18); ss by #10382, eff 7-23-13 (from Pas 301.17)

 

PART Pas 302  POLICY, ORDERS AND INCIDENT REPORTING

 

          Pas 302.01  Policy.  The primary responsibility for design, construction, maintenance and inspection shall rest with the owners of passenger tramways.  The safety of passengers and other users is of paramount importance, thus owners and operators shall conform to the orders of the board.  If any operator fails to comply with the lawful orders of the board, within the time fixed thereby, the board shall suspend the registration of such operator.  These orders shall apply only to the tramways and mechanisms necessary to propel passengers between loading and unloading stations, the stations or platforms themselves and the areas immediately adjacent to the tramways.  They shall not apply to conditions existing on trails, ski slopes or other facilities provided in this area.

 

Source.  #2297, eff 2-7-83; ss by #2704, eff 5-9-84, EXPIRED 5-9-90 (formerly Saf-S 1002.01)

 

New.  #4862, eff 7-10-90; ss by #6284, eff 7-10-96; ss by #7800, eff 12-11-02, EXPIRED: 12-11-10

 

New.  #10072, eff 1-11-12

 

          Pas 302.02  Order.  If, after investigation, the board finds that a violation of any of its rules exists, or that there is a condition in the tramway construction, operation or maintenance endangering the safety of the public, the board shall issue a written order setting forth its findings, the corrective action to be taken and a date for compliance therewith.  Such order shall be served upon the area operator by registered mail or in hand and shall become final, unless the area operator requests a hearing as provided by statute.

 

Source.  #2297, eff 2-7-83; ss by #2704, eff 5-9-84, EXPIRED 5-9-90 (formerly Saf-S 1002.02)

 

New.  #4862, eff 7-10-90; ss by #6284, eff 7-10-96; ss by #7800, eff 12-11-02, EXPIRED: 12-11-10

 

New.  #10072, eff 1-11-12

 

          Pas 302.03  Incident Reports: Oral. The owner or operator of any tramway, upon the occurrence of an incident involving death, loss of control of a lift or the evacuation of any type of lift device carrying passengers above the ground, by any method other than auxiliary power, shall immediately notify the lift inspector or a member of the board, by telephone. If neither the lift inspector nor a member of the board can be reached, notification may  be made through state police communications at (603)271-3636.

 

Source.  #2297, eff 2-7-83; ss by #2704, eff 5-9-84, EXPIRED 5-9-90 (formerly Saf-S 1002.03)

 

New.  #4862, eff 7-10-90; ss by #6284, eff 7-10-96; ss by #7800, eff 12-11-02, EXPIRED: 12-11-10

 

New.  #10072, eff 1-11-12; ss by #10382, eff 7-23-13; ss by #12989, eff 2-5-20

 

          Pas 302.04  Incident Reports: Written.

 

          (a)  The owner or operator of any tramway shall submit a detailed report to the board of all incidents, including all those requiring an oral report, involving any lift system failure affecting the safety or integrity of any tramway, or resulting in bodily injury on a tramway, including loading and off-loading areas.

 

          (b)  The report shall be sent to the board within 5 days from the date of the incident.

 

          (c)  The report shall be submitted on the "tramway incident report form" as set forth in Pas 309.01.

 

Source.  #2297, eff 2-7-83; ss by #2704, eff 5-9-84, EXPIRED 5-9-90 (formerly Saf-S 1002.04)

 

New.  #4862, eff 7-10-90; amd by #6020, eff 4-14-95; ss by #6284, eff 7-10-96; ss by #7800, eff 12-11-02; ss by #9354-B, eff 1-3-09; ss by #10072, eff 1-11-12; amd by #10382, eff
7-23-13

 

PART Pas 303  REGISTRATION

 

          Pas 303.01  Registration Required.

 

          (a)  No passenger tramway shall be operated unless a registration for such tramway has been issued by the board.

 

          (b)  The registration year shall extend from November 1 to October 31.

 

          (c)  The summer season shall extend from May 15 to October 31.

 

          (d)  The winter season shall extend from November 1 to May 14 of the following year.

 

Source.  #2297, eff 2-7-83; ss by #2704, eff 5-9-84, EXPIRED 5-9-90 (formerly Saf-S 1003.01)

 

New.  #4862, eff 7-10-90; ss by #6284, eff 7-10-96; ss by #7800, eff 12-11-02, EXPIRED: 12-11-10

 

New.  #10072, eff 1-11-12

 

          Pas 303.02  Application for Construction and Registration.

 

          (a)  Before any passenger tramway construction, modification or relocation is started, the area operator shall apply to the board on the appropriate application as set forth in Pas 305 and Pas 309.02, for the type of lift to be constructed or modified.

 

          (b)  The operator shall not proceed with construction unless:

 

(1)  He/she has received approval from the board; or

 

(2)  The board has not responded within 30 days of receipt of the application.

 

          (c)  Prior to initial registration of a new, modified or relocated passenger tramway, the following shall be completed and submitted to the board:

 

(1)  A stamped certificate from the designer with original signatures that the lift meets all requirements set forth by statute and these rules;

 

(2)  The acceptance test and inspection;

 

(3)  A certified copy of the results of a destruction test of the wire rope conducted by the manufacturer or a laboratory;

 

(4)  The evacuation plans for an aerial lift; and 

 

(5)  Certification from a qualified engineer that the lift conforms to the designer’s plans.

 

          (d)  Within 60 calendar days after the acceptance test, certified as-built plans shall be completed and delivered to the owner and the tramway board.

 

Source.  #2297, eff 2-7-83; ss by #2704, eff 5-9-84, EXPIRED 5-9-90 (formerly Saf-S 1003.02)

 

New.  #4862, eff 7-10-90; amd by #6020, eff 4-14-95; ss by #6284, eff 7-10-96; ss by #7800, eff 12-11-02, EXPIRED:
12-11-10

 

New.  #10072, eff 1-11-12; amd by #12989, eff 2-5-20

 

          Pas 303.03  Renewal of Registration.  Every area operator requesting a renewal of a passenger tramway registration shall apply to the board on the "Passenger Tramway Safety Board Renewal Registration Certificate" as set forth in Pas 309.03, and submit the appropriate fee pursuant to Pas 303.04.

 

Source.  #2297, eff 2-7-83; ss by #2704, eff 5-9-84, EXPIRED 5-9-90 (formerly Saf-S 1003.03)

 

New.  #4862, eff 7-10-90; amd by #6020, eff 4-14-95; ss by #6284, eff 7-10-96; ss by #7800, eff 12-11-02, EXPIRED:
12-11-10

 

New.  #10072, eff 1-11-12

 

          Pas 303.04  Fees.

 

          (a)  All applications for registration shall be accompanied by the appropriate fee, established by the board pursuant to the authority of RSA 225-A:16.

 

          (b)  Each lift shall have a fee equal to the larger amount of $160 or the amount determined as follows: 

 

(1)  The lift slope length, as indicated in design drawings, shall be multiplied by the applicable lift-type factor from table 3.1:

 

Table 3.1 Lift Type Factor

 

Aerial Tramway

1.50

 

 

Gondola or detachable chairlift

1.25

 

 

Fixed grip chairlift

1.00

 

 

Surface Lifts

0.50

 

 

Conveyors

0.50

 

(2)  The length, as modified above, shall be multiplied by $0.54 per foot.

 

          (c)  When an operator operates a chairlift, skimobile, gondola or aerial tramway during both the winter and summer seasons, the annual fee shall increase to one and one quarter the amount listed for the lift.

 

          (d)  The minimum fee for any facility shall be $325.00 for each season requiring registration.

 

Source.  #2297, eff 2-7-83; ss by #2704, eff 5-9-84, EXPIRED 5-9-90 (formerly Saf-S 1003.04)

 

New.  #4862, eff 7-10-90; amd by #6020, eff 4-14-95; ss by #6284, eff 7-10-96; ss by #7800, eff 12-11-02; ss by #7968, INTERIM, eff 1-3-03, EXPIRED: 3-31-04

 

New.  #8133, eff 7-30-04; amd by #8485, eff 11-10-05; ss by #9596, eff 1-2-10; ss by #10072, eff 1-11-12; amd by #10382, eff 7-23-13; amd by #12989, eff 2-5-20

 

          Pas 303.05  Insurance Required.

 

          (a)  Every applicant for an original or renewal registration shall include, with the application form, a copy of a certificate of insurance that has a minimum amount of coverage of $300,000 per accident.

 

          (b)  The certificate of insurance set forth in (a) above shall not apply to organizations that are not required to maintain insurance pursuant to RSA 225-A:25, III.

 

          (c)  Any passenger tramway that is not insured, as set forth in RSA 225-A:25, shall not be allowed to be operated except for maintenance, and the registration shall be suspended until proof of insurance is provided to the board, the commissioner or his/her designee.

 

          (d)  An operator shall receive a written notice of suspension of operating privileges that includes the following:

 

(1)  Date;

 

(2)  Name of person to whom the order is directed;

 

(3)  An order not to operate the passenger tramway until proof of insurance is received and the operator’s original or renewal registration has been restored in writing by the board, the commissioner or his/her designee;

 

(4)  Tramway plate number;

 

(5)  Signature of board member; and

 

(6)  Affidavit of service, including:

 

a.  Name of person to whom the order is served:

 

b.  Date and time of service; and

 

c.  Signature of person making service.

 

          (e)  The affidavit of service shall be completed by the person making service.

 

Source.  #2297, eff 2-7-83; ss by #2704, eff 5-9-84; ss by #3143, eff 11-4-85 (formerly Saf-S 1003.05)

 

New.  #4862, eff 7-10-90; ss by #6284, eff 7-10-96; ss by #7800, eff 12-11-02, EXPIRED: 12-11-10

 

New.  #10072, eff 1-11-12

 

          Pas 303.06  Requirements for Registration.  Except as otherwise provided in these rules, a registration shall only be issued to an area operator whose passenger tramways meet the minimum requirements set forth in Pas 300.

 

Source.  #2297, eff 2-7-83; ss by #2704, eff 5-9-84, EXPIRED

 

New.  #4862, eff 7-10-90; amd by #6020, eff 4-14-95; ss by #6284, eff 7-10-96; ss by #7800, eff 12-11-02, EXPIRED:
12-11-10

 

New.  #10072, eff 1-11-12

 

          Pas 303.07  Posting Plate.  Each operator shall be issued a registration plate that shall be posted in a conspicuous place near the base loading area of each tramway.

 

Source.  #2297, eff 2-7-83; ss by #2704, eff 5-9-84, EXPIRED 5-9-90 (formerly Saf-S 1003.06)

 

New.  #4862, eff 7-10-90; ss by #6284, eff 7-10-96; ss by #7800, eff 12-11-02, eff 12-11-02, EXPIRED: 12-11-10

 

New.  #10072, eff 1-11-12

 

PART Pas 304  OPERATOR'S GENERAL INSPECTION

 

          Pas 304.01  Area Operator's General Inspection.

 

          (a)  For the purpose of this section, “qualified wire rope inspector” means an individual who is acceptable to the board to inspect wire rope.

 

          (b)  A general inspection of each passenger tramway, that shall include the entire installation, shall be conducted by the area operator or his/her designee at least once a year.  For passenger tramways operating in more than one season, a minimum of 2 inspections a year shall be required.

 

          (c)  The inspector(s) shall submit a written report to the board indicating whether the tramway is ready for operation on the "Area Operator's Inspection Report" form as set forth in Pas 309.04.

 

          (d)  The general inspection required by this section shall include an annual inspection of each wire rope used in the passenger tramway.

 

          (e)  The annual wire rope inspection set forth in (d) above shall be:

 

(1)  Performed by a qualified wire rope inspector; and

 

(2)  Documented on the “Annual Wire Rope Inspection Report” as set forth in Pas 309.04(b), filed with the board.

 

Source.  #2297, eff 2-7-83; ss by #2704, eff 5-9-84, EXPIRED 5-9-90 (formerly Saf-S 1004.01)

 

New.  #4862, eff 7-10-90; amd by #5434, eff 7-8-92; ss by #6020, eff 4-14-95; ss by #6284, eff 7-10-96; ss by #7800, eff 12-11-02; amd by #9354-B, eff 1-3-09; EXPIRED: 12-11-10, except for para (e)(2); ss by #10072, eff 1-11-12; amd by #10382, eff 7-23-13

 

          Pas 304.02  Wire Rope Inspectors.

 

          (a)  The board shall qualify a visual wire rope inspector as referred to in ANSI B77.1- 2017, section A.4.1.2., effective 2017 and available as noted in Appendix B, by demonstration of professional competence, education and experience as evidenced by, but not limited to, the following:

 

(1)  The applicant has attained a certification or diploma from a wire rope company stating that the applicant is competent to visually inspect wire rope; or

 

(2)  The applicant has performed a minimum of 20 visual wire rope inspections and has submitted 2 letters of recommendation that support the applicant's qualifications.

 

          (b)  The board shall qualify a magnetic rope testing (MRT) wire rope inspector as referred to in ANSI B77.1 -2017 section A.4.1., effective 2017 and available as noted in Appendix B, by demonstration of professional competence, education and experience as evidenced by, but not limited to, the following:

 

(1)  The applicant is a qualified visual wire rope inspector in the State of New Hampshire;

 

(2)  The applicant has submitted evidence of training and experience demonstrating that the applicant is competent to inspect wire rope using MRT equipment; and

 

(3)  The applicant has submitted 2 letters of recommendation that support the applicant’s qualifications.

 

Source.  #7800, eff 12-11-02; ss by #9354-B, eff 1-3-09; ss by #10072, eff 1-11-12; ss by #12989, eff 2-5-20

          Pas 304.03  Wire Rope Splicers.

 

          (a)  The board shall qualify a wire rope splicer by demonstration of professional competence, education and experience as evidenced by, but not limited to the applicant’s:

 

(1)  Resume;

 

(2)  Experience with rope wire;

 

(3)  Education by a wire rope manufacturer;

 

(4)  Ability to splice and knowledge of wire rope; and

 

(5)  Certification or diploma from a wire rope company stating the applicant’s level of training.

 

Source.  #7800, eff 12-11-02, EXPIRED: 12-11-10

 

New.  #10072, eff 1-11-12

 

PART Pas 305  NEW INSTALLATIONS AND MODIFICATIONS

 

          Pas 305.01  Requirements for Pre-Certification of Tows, Carousels, and Conveyors

 

          (a)  For pre-certification of tows, carousels, and conveyors, the design shall be suitable for installation at any location without modification of any structures, electrical system, mechanical system or hydraulic system.

 

(b)   Installation procedures shall be the same for all sites except for the length or number of carriers that may vary at different locations.

 

          (c)  The manufacturer shall submit the request for pre-certification on the applicable construction form as set forth in Pas 309.02 and indicate “pre-certification” in lieu of site specific information.

 

          (d)  The designer shall provide the design parameters showing relationships between vertical rise, length, handle spacing, speed and capacity.

 

          (e)  The designer shall provide proper load and unload designs.

 

Source.  #2297, eff 2-7-83; ss by #2704, eff 5-9-84, EXPIRED 5-9-90 (formerly Saf-S 1005.01)

 

New.  #4862, eff 7-10-90; amd by #6020, eff 4-14-95; ss by #6284, eff 7-10-96; ss by #7800, eff 12-11-02, EXPIRED:
12-11-10

 

New.  #10072, eff 1-11-12; ss by #12989, eff 2-5-20

 

          Pas 305.02  Required Submissions.

 

          (a)  Before the construction of any new passenger tramway, the area operator shall submit to the board a profile of the lift line and a plan showing proximity of power lines, structures, woods, highways, and rivers. The plan and profile shall be submitted along with the appropriate application for construction and registration of the tramway.

 

          (b)  Except in the case of a rope tow, conveyor or carousel, pursuant to Pas 305.01(a), the application shall be submitted on the "Application for New Construction, Modification or Relocation and Registration of T-bar, J-bar, Platter Pull, Chair Lift, Aerial Tramway or Gondola", as set forth in Pas 309.02(a).

 

          (c)  In addition to the application required in (b) above, each operator shall submit the following:

 

(1)  A copy of the manufacturer’s specifications for any new or replacement wire rope including:

 

a.  Size;

 

b.  Grade of steel;

 

c.  Construction;

 

d.  Core; and

 

e.  Minimum guaranteed breaking strength;

 

(2)  A certified copy of the results of a destruction test of the wire reope conducted by the manufacturer or a laboratory; and

 

(3)  A complete set of specifications and plans that shall be in the english language, with all dimensions shown in feet and inches in a font type and size that is readily legible.

 

          (d)  In the case of a rope tow, the application shall be submitted on the "Application for New Construction, Modification or Relocation and Registration of Fiber Rope Tow or Wire Rope Tow" as set forth in Pas 309.02(b).

 

          (e)  In addition to the application required in (d) above, each operator shall submit the following:

 

(1)  For pre-certified lifts, certification by the manufacturer that the lift conforms to the pre-certified submission, along with the equipment model number and date of certification approval;

 

(2)  For lifts that are not pre-certified, the following shall be submitted:

 

a.  A copy of the manufacturer’s specifications for any new or replacement wire rope;

 

b.  A certified copy of the results of a destruction test of the wire rope conducted by the manufacturer or a laboratory; and

 

c.  A complete set of specifications and plans that shall be in the english language, with all dimensions shown in feet and inches in a font type and size that is readily legible.

 

          (f)  In the case of a conveyor or carousel, the application shall be submitted on the “Application for New Construction, Modification or Relocation and Registration of Conveyor or Carousel” as set forth in Pas 309.02(c).

 

          (g)  In addition to the application required in (f) above, each operator shall submit the following:

 

(1)  For pre-certified lifts, certification by the manufacturer that the lift conforms to the pre-certified submission;

 

(2)  For lifts that are not pre-certified, the following shall be submitted:

 

a.  A set of drawings, stamped by a qualified engineer, showing the basic structure, electrical and mechanical systems;

 

b.  A design parameter specification, stamped by a qualified engineer, showing the allowable operating and installation procedures, such as:

 

1.  Passenger spacing;

 

2.  Type of passengers;

 

3.  Use of recreational devices;

 

4.  Location of safety devices; and

 

5.  Anchorages; and

 

(3)  Operating and maintenance instructions for the lift system.

 

Source.  #2297, eff 2-7-83; ss by #2704, eff 5-9-84, EXPIRED 5-9-90 (formerly Saf-S 1005.02)

 

New.  #4862, eff 7-10-90; ss by #6020, eff 4-14-95; ss by #6284, eff 7-10-96; ss by #7800, eff 12-11-02, EXPIRED:
12-11-10

 

New.  #10072, eff 1-11-12; amd by #10382, eff 7-23-13; amd by #12989, eff 2-5-20

 

          Pas 305.03  Modification of Tramway.  A passenger tramway that is moved to a new location or altered in length shall be considered a new installation.  Plans and specifications of any modification, as defined in ANSI B77.1-2017, section 1.2.4., effective 2017 and available as noted in Appendix B, to be made to a passenger tramway shall be submitted to the board for approval.  The engineering data shall be prepared by a qualified engineer and shall include testing requirements as well as design change data.

 

Source.  #2297, eff 2-7-83; ss by #2704, eff 5-9-84, EXPIRED 5-9-90 (formerly Saf-S 1005.03)

 

New.  #4862, eff 7-10-90; ss by #6284, eff 7-10-96; ss by #6284, eff 7-10-96; ss by #7800, eff 12-11-02, EXPIRED:
12-11-10

 

New.  #10072, eff 1-11-12; ss by #10382, eff 7-23-13; ss by #12989, eff 2-5-20

 

          Pas 305.04  Notice and Sample Required.

 

          (a)  Before any concrete is poured for either terminal or tower foundations, the tramway inspector shall be notified at least 48 hours prior to the expected date and time of pouring.

 

          (b)  If the required notice has been given pursuant to (a) above, the pouring may be carried out in the absence of a tramway inspector or another representative of the board.

 

          (c)  Two sample cylinders of concrete from each truckload, or from each batch if on site mixing is done, shall be tested to ascertain that the compression strength of the concrete meets the minimum requirements of the designer.  The area operator shall be responsible for having the test done and shall submit a record of such test to the board.

 

Source.#2297, eff 2-7-83; ss by #2704, eff 5-9-84, EXPIRED 5-9-90 (formerly Saf-S 1005.04)

 

New.  #4862, eff 7-10-90; amd by #5434, eff 7-8-92; amd by #6020, eff 4-14-95; ss by #6284, eff 7-10-96; ss by #7800, eff 12-11-02, EXPIRED: 12-11-10

 

New.  #10072, eff 1-11-12

 

          Pas 305.05  General Acceptance Testing.

 

          (a)  All new passenger tramways shall be subject to an inspection and a running test in accordance with ANSI B77.1-2017 standards effective 2017 and available as noted in Appendix B.  The test shall be witnessed by an authorized representative or designee of the board.

 

          (b)  An authorized representative of the board pursuant to (a) above shall include:

 

(1)  Engineers as designated by the board;

 

(2)  Members of the tramway board; and

 

(3)  The state of New Hampshire's chief of tramway safety or state tramway inspector.

 

          (c)  In the event of a modification to an existing passenger tramway, the testing requirements of the qualified engineer shall be completed.  The board shall require testing of one or more components beyond that required by the qualified engineer if the board determines that the modification adversely affects the safety of the lift.

 

          (d)  The board shall be given 10 days advance notice that the tramway shall be ready for testing.

 

Source.  #2297, eff 2-7-83; ss by #2704, eff 5-9-84, EXPIRED 5-9-90 (formerly Saf-S 1005.05)

 

New.  #4862, eff 7-10-90; amd by #6020, eff 4-14-95; ss by #6284, eff 7-10-96; ss by #7800, eff 12-11-02; amd by
#9354-B, eff 1-3-09; EXPIRED: 12-11-10, except for para (a); ss by #10072, eff 1-11-12; amd by #10382, eff 7-23-13; ss by #12989, eff 2-5-20

 

          Pas 305.06  Seven-Year Dynamic Testing.

 

          (a)  All aerial tramways shall be dynamically tested every 7 years. A state inspector or designee of the board shall witness the test.

 

          (b) A written procedure prepared by the manufacturer or a qualified engineer reflecting the latest modifications to each lift shall be used as part of the testing.

 

          (c)  The following materials shall be available for the inspection:

 

(1)  The as-built documentation for mechanical equipment, electrical system, tower loadings geometry, and tensioning system; and

 

(2)  A copy of the last load test or periodic dynamic test with recorded parameters for comparison.

 

          (d)  The written procedure for the dynamic test shall include, at a minimum:

 

(1)  Testing for proper functioning of all electrical safety switches, including but not limited to:

 

a.  Line tower and lift terminal deropement switches;

 

b.  Manual stop, start and slow switches;

 

c.  Tension system limit switches for mechanical travel and for pressure limits;

 

d.  Collision control switches and systems;

 

e.  Brake monitoring switches;

 

f.  Overspeed devices;

 

g.  Field loss and phase loss detection, as appropriate;

 

h.  Brake trip switches; and

 

i.  Speed control circuit loss detectors;

 

(2)  Verification of basic design parameters, including:

 

a.  Lift speed;

 

b.  Carrier spacing;

 

c.  Tensioning values;

 

d.  Line geometry, such as the general conformance to design drawings;

 

e.  Capacity and torque value of all brakes;

 

f.  Quantity and condition of line sheaves;

 

g.  Lift acceleration and deceleration rates; and

 

h.  Carrier weights, configurations, and condition;

 

(3)  A suitable load test to verify that the following devices are functioning properly for all loading conditions, such as uphill, downhill and simultaneous uphill and downhill loading:

 

a.  Prime mover system;

 

b.  Auxiliary drive system;

 

c.  Evacuation drive system; and

 

d.  All braking systems in each mode of design operation.

 

          (e)  For the purposes of (d)(2)d. above, a survey shall not be required unless an apparent discrepancy exists between field observations and existing as-built drawings.

 

Source.  #7800, eff 12-11-02; amd by #9354-B eff 1-3-09; EXPIRED: 12-11-10, except for para (f); ss by #10072, eff
1-11-12; amd by #10382, eff 7-23-13; ss by #12989, eff 2-5-20

 

          Pas 305.07  Operation Restricted.

 

          (a)  New installations shall be put into service for use by the general public only after testing and issuance of a registration.

 

          (b)  Installations that have undergone modifications, shall be put into service for use by the general public only after the following has been completed:

 

(1)  Application has been made to the board of the modification and has been approved by the board;

 

(2)  Completion of any testing required by the board and the designer engineer;

 

(3)  Certified “as-built” plans have been submitted to the board;

 

(4)  Certification from a qualified engineer that the lift conforms to the “as-built” plans have been submitted to the board; and

 

(5)  Issuance of a registration.

 

          (c)  Upon request, the board shall issue an exception to the requirement set forth in (b)(3) above provided that a qualified engineer conducts the test required in Pas 305.02 and the engineer submits a certified copy of the results of the test with a statement certifying that the tramway meets all applicable code requirements.

 

Source.  #7800, eff 12-11-02; amd by #9354-B, eff 1-3-09; ss by #10072, eff 1-11-12; amd by #10382, eff 7-23-13

 

PART Pas 306  OPERATING PERSONNEL

 

          Pas 306.01  Lift Operator.

 

          (a)  No person less than 18 years of age shall work as a lift operator on any passenger tramway.

 

          (b)  A lift shall be started only at the direction of the operator.

 

Source.  #2297, eff 2-7-83; ss by #2704, eff 5-9-84, EXPIRED 5-9-90 (formerly Saf-S 1006.01)

 

New.  #4862, eff 7-10-90; ss by #6284, eff 7-10-96; ss by #7800, eff 12-11-02, EXPIRED: 12-11-10

 

New.  #10072, eff 1-11-12; amd by #10382, eff 7-23-13

 

          Pas 306.02  Attendants.  No person less than 16 years of age shall work as an attendant on any passenger tramway.

 

Source.  #2297, eff 2-7-83; ss by #2704, eff 5-9-84, EXPIRED 5-9-90 (formerly Saf-S 1006.02)

 

New.  #4862, eff 7-10-90; ss by #6284, eff 7-10-96; ss by #7800, eff 12-11-02, EXPIRED: 12-11-10

 

New.  #10072, eff 1-11-12

 

          Pas 306.03  Training.

 

          (a)  All personnel employed in connection with lift operations at any passenger tramway shall be trained in their duties.

 

          (b)  The area operator shall be responsible for carrying out such training as is necessary to permit the safe performance of all duties assigned to passenger tramway personnel.

 

Source.  #2297, eff 2-7-83; ss by #2704, eff 5-9-84, EXPIRED 5-9-90 (formerly Saf-S 1006.03)

 

New.  #4862, eff 7-10-90; ss by #6284, eff 7-10-96; ss by #7800, eff 12-11-02, EXPIRED: 12-11-10

 

New.  #10072, eff 1-11-12

 

          Pas 306.04  Sales.  No lift operator or attendant shall act as a ticket seller or receive monies while the tramway is in motion.

 

Source.  #2297, eff 2-7-83; ss by #2704, eff 5-9-84, EXPIRED 5-9-90 (formerly Saf-S 1006.04)

 

New.  #4862, eff 7-10-90; ss by #6284, eff 7-10-96; ss by #7800, eff 12-11-02, EXPIRED: 12-11-10

 

New.  #10072, eff 1-11-12

 

PART Pas 307  REQUIREMENTS ADOPTED BY REFERENCE

 

          Pas 307.01  ANSI Safety Requirements.

 

          (a)  Pursuant to the authority granted to the board by RSA 225-A:1 and RSA 225-A:8, all design, construction, operation, and maintenance of passenger tramways shall comply with the "American National Standard for Passenger Ropeways - Aerial Tramways, Aerial Lifts, Surface Lifts, Tows and Conveyors – Safety Requirements ANSI B77.1-2017", available as noted in Appendix B.

 

          (b)  The following revisions and additions shall supersede or supplement the applicable provisions of said requirements:

 

(1)  Amend ANSI 1.2.4.1  Existing Installations, by changing the first sentence of the second paragraph to read  “Operation and maintenance shall be in compliance with those requirements specifically listed (not included by reference) in the operation and maintenance subsection (2.3, 3.3, 4.3, 5.3, 6.3, 7.3)[,] and normative Annexes A, C, D, E, F and G.”;

 

(2)  Amend ANSI 1.2.4.2  Relocated Installations, to read “Existing  ropeways, when removed or re-installed, or when not registered to operate for a period of 3 or more consecutive years, shall be classified as new installations (see 1.2.4.3).”;

 

(3)  Amend ANSI 1.2.4.4 Ropeway Modifications, by adding the following to read “(h) Any change in the models of significant components such as the chair or the grip.”;

 

(4)  Amend ANSI 1.5.1  Design, by adding the following paragraph to the end of section to read  “The ropeway design shall be certified in writing by a qualified design engineer(s) who has either originated or reviewed the design and design drawings and finds them to be in conformance with Pas 300.  This document shall list all applicable drawings including structural, mechanical and electrical.  This list shall show the title, drawing number, date, and date of any latest revision.”;

 

(5)  Amend  ANSI 2.2.1.5, 3.2.1.5, 4.2.1.5, 5.2.1.5, 6.1.2.5 and 7.1.2.5  Wiring, by adding the following paragraph  to read  "Power and control wiring suspended between a fixed structure and  a moveable carriage shall be designed  and installed such that the wiring will allow the carriage to move to permanent carriage stops without overstressing the wires.”;

 

(6)  Amend ANSI 2.3.4.1  General Inspection, by adding the following paragraph to read "Design Integrity.  Unless otherwise specified, the term "design integrity", for the purposes of inspection, shall be limited to verifications as to whether or not the tramway has undergone any modifications (see 1.2.4.4) and if so, a verification will also be made to ensure that modification meet all applicable rules.";

 

(7)  Amend ANSI 2.3.2.4.3 Periodic operation of drive units, so that the first sentence reads "Aerial tramways  shall have the  evacuation engine started and brought to operating temperature daily prior to operation for the public.”;

 

(8)  Amend ANSI 3.3.2.4.3 Periodic operation of drive units so that the first sentence reads, “Aerial lifts shall have the evacuation engine started and brought to operating temperature daily prior to operation for the public.”;

 

(9)  Amend ANSI 3.3.4.1  General Inspection, by adding the following paragraph to read "Design Integrity.  Unless otherwise specified, the term "design integrity", for the purposes of inspection, shall be limited to verifications as to whether or not the tramway has undergone any modifications (see 1.2.4.4)  and if so, a verification will also be made to ensure that modifications meet all applicable rules.";

 

(10)  Amend ANSI 4.3.2.4.3 Periodic operation of drive units so that the first sentence reads “Aerial lifts shall have the evacuation engine started and brought to operating temperature daily prior to operation for the public.”; 

 

(11)  Amend ANSI 4.3.4.1  General Inspection, by adding the following paragraph to read "Design Integrity.  Unless otherwise specified, the term "design integrity", for the purposes of inspection, shall be limited to verifications as to whether or not the tramway has undergone any modifications (see 1.2.4.4) and if so, a verification will also be made to ensure that modifications meet all applicable rules.";

 

(12)  Amend ANSI 4.3.4.3 Carrier Inspection, by changing the first sentence to read: “All carriers (grips, clips, hangers, chairs, carriages, and cabins) shall be tested using a nondestructive testing method capable of revealing flaws that might not be identified through visual examination alone.”;

 

(13)  Amend ANSI 5.3.4.1  General Inspection, by adding the following paragraph to read "Design Integrity.  Unless otherwise specified, the term "design integrity", for the purposes of inspection, shall be limited to verifications as to whether or not the tramway has undergone any modifications (see 1.2.4.4) and if so, a verification will also be made to ensure that modifications meet all applicable rules.";

 

(14)  Amend ANSI 6.3.2.2  Minimum Operating Personnel, by inserting before the first sentence "For fiber rope tows, the operator shall be stationed at the top terminal.";

 

(15)  Amend ANSI 6.3.2.2 Minimum Operating Personnel, by changing the first sentence of  (a) in the fourth paragraph to read “Tows other than fiber rope tows may be operated by a single operator at the loading area who will serve concurrently as the operator and the attendant.”;

 

(16)  Amend ANSI 6.3.4 and 7.3.4 Inspection, by adding the following paragraph to read "Design Integrity.  Unless otherwise specified, the term "design integrity", for the purposes of inspection, shall be limited to verifications as to whether or not the tramway has undergone any modifications (see 1.2.4.4) and if so, a verification will also be made to ensure that modifications meet all applicable rules."; and

 

(17)  Amend ANSI A.3.1.1  Haul Ropes, by inserting before the first sentence “Splicing shall be performed by a qualified wire rope splicer.”

 

Source.  #2297, eff 2-7-83; ss by #2704, eff 5-9-84; ss by #4329, eff 10-20-87, (formerly Saf-S 1007.01)

 

New.  #4862, eff 7-10-90; ss by #5434, eff 7-8-92; amd by #6020, eff 4-14-95; ss by #6284, eff 7-10-96; ss by #7800, eff 12-11-02; amd by #8201, eff 11-9-04; ss by #9354-B, eff
1-3-09; ss by #10072, eff 1-11-12; ss by #10382, eff 7-23-13; amd by #10872, EMERGENCY RULE, eff 6-30-15, EXPIRED: 12-27-15 in para. (b)(15); amd by #11162, eff
8-22-16; ss by #12989, eff 2-5-20

 

PART Pas 308  EMERGENCY SHUTDOWN

 

          Pas 308.01  Notice.

 

          (a)  Notice of an emergency shutdown order as set forth in RSA 255-A:18-a shall be issued on the "Passenger Tramway Safety Board Emergency Order" form.

 

          (b)  The form in (a) above, shall include the following:

 

(1)  Date;

 

(2)  Name of person to whom the order is directed;

 

(3)  Order to shutdown tramway;

 

(4)  Tramway plate number;

 

(5)  Statement of duration of the order;

 

(6)  Signature of board member issuing the order, or his/her agent;

 

(7)  Affidavit of service, including:

 

a.  Name of person to whom the order is served;

 

b.  Date and time of service; and

 

c.  Signature of person making service.

 

Source.  #2297, eff 2-7-83; ss by #2704, eff 5-9-84, EXPIRED 5-9-90 (formerly Saf-S 1008.01)

 

New.  #4862, eff 7-10-90; ss by #6284, eff 7-10-96; ss by #7800, eff 12-11-02, EXPIRED: 12-11-10

 

New.  #10072, eff 1-11-12

 

PART Pas 309  PASSENGER TRAMWAY SAFETY FORMS

 

          Pas 309.01  Tramway Incident Report Form.

 

          (a)  The “Tramway Incident Report” form shall include the following:

 

(1)  Date of report;

 

(2)  Incident specifics, including:

 

a.  Name of Ski Area and Tramway registration number;

 

b.  Type of lift on which incident occurred;

 

c.  Date and time of incident;

 

d.  Specific location of incident;

 

e.  Name of ski area owner;

 

f.  Mailing address; and

 

g.  Telephone number;

 

(3)  Carrier number;

 

(4)  Type of passenger as follows:

 

a.  Skier;

 

b.  Snowboarder;

 

c.  Foot passenger; or

 

d.  Other;

 

(5)  Each person injured or killed, including:

 

a.  Name, address, and age; and

 

b.  Detailed description of each person's injuries;

 

(6)  Weather conditions, temperature, visibility, uphill snow conditions, and wind conditions;

 

(7)  Name(s) and age(s) of attendants and lift operator in charge of tramway at the time of the incident;

 

(8)  A brief description of the incident;

 

(9)  Names and addresses of all witnesses;

 

(10)  Person’s name and address who performed the preoperational inspection of the tramway on the date of incident;

 

(11)  If the injured person was treated at the scene of the incident, the name(s) of persons who administered treatment;

 

(12)  Name of hospital or doctor's office where injured person was taken, if known;

 

(13)  Detailed statement describing any lift system failure that contributed to the incident; and

 

(14)  Signature of owner or operator.

 

Source.  #6020, eff 4-14-95; ss by #6284, eff 7-10-96; ss by #7800, eff 12-11-02; amd by #9354-B, eff 1-3-09; EXPIRED: 12-11-10, except for para (a)(9); ss by #10072, eff 1-11-12; ss by #10382, eff 7-23-13; ss by #12989, eff 2-5-20

 

          Pas 309.02  Application for Construction and Registration Forms.

 

          (a)  The application for new construction, modification or relocation and registration of t-bar, j-bar, platter pull, chair lift, or gondola form shall include the following:

 

(1)  For the purpose of applying for construction:

 

a.  Type of application, whether new installation, modification or lift relocation and description of the application;

 

b.  Tramway number, if available;

 

c.  Owner's name, address and telephone number;

 

d.  If the owner is a corporation or partnership, the names and addresses of the officers or partners;

 

e.  Manager's name, address and telephone number;

 

f.  Lift name and specific location;

 

g.  Tramway type, whether:

 

1.  T-bar;

 

2.  J-bar;

 

3.  Platter pull, whether fixed grip or detachable grip;

 

4.  Chairlift, whether fixed grip or detachable grip;

 

5..  Gondola; or

 

6..  Other;

 

h.  Name of the designer, manufacturer, construction supervisor and construction engineer;

 

i.  Design data, including:

 

1.  Uphill capacity in people per hour at maximum speed;

 

2.  Vertical length in feet;

 

3.  Horizontal length in feet;

 

4.  Slope length in feet;

 

5.  Ranges for the number and spacing of carriers;

 

6.  Number of passengers per carrier;

 

7.  For work carrier, if used, drawing of carrier and grip, and live load capacity;

 

8.  Maximum speed of lift;

 

9.  Percent of loading allowed on downhill side;

 

10.  The normal, maximum, and minimum line tower calculations, including full and partial loading;

 

11.  Line tower footing calculations; and

 

12.  For detachable lifts, specification for number of carriers on line before loading passengers;

 

j.  Design specification, including diameter, grade, construction, core and safety factor of the following:

 

1.  Haul rope;

 

2.  Counterweight rope; and

 

3.  Other wire rope;

 

 

k.  Bullwheel data, including:

 

1.  Diameter of drive and return in feet;

 

2.  Whether drive and return are cast or fabricated;

 

3.  Type of liner material on drive and return; and

 

4.  Bullwheel retention system;

 

l.  Tension system data, including:

 

1.  Counterweight, hydraulic or other;

 

2.  Total force of tensioner in pounds;

 

3.  Ratio of motion of tensioner to bullwheel;

 

4.  Force at carriage;

 

5.  Travel of bullwheel carriage and tension device in feet; and

 

6.  Pressure range for hydraulic or pneumatic systems in psi;

 

m.  Line equipment data, including:

 

1.  Tower line gauge;

 

2.  Maximum rope gradient for design carrier clearances;

 

3.  Maximum misalignment while still maintaining minimum clearances;

 

4.  Degree of swing with unbalanced load of 250 pounds;

 

5.  Type of deropement switches;

 

6.  Manufacturer and model of carrier;

 

7.  Whether carrier has restraint bars and foot rests; and

 

8.  Manufacturer and model of grip.

 

n.  Line features, including:

 

1.  Maximum height of carrier above the ground in feet;

 

2.  A lift profile, showing:

 

(i)  Rope path;

 

(ii)  Ground profile;

 

(iii)  Maximum snow depth;

 

(iv)  Tower locations; and

 

(v)  Trail crossing areas; and

 

3.  Plan view of installations with plan width at least 150' centered on lift centerline, showing:

 

(i)  Location of lift; and

 

(ii)  Any buildings, trail crossings, power lines, other lifts or watercourses;

 

o.  Description of each power unit, including:

 

1.  Horsepower;

 

2.  Age;

 

3.  Type; and

 

4.  Gearbox manufacturer and model;

 

p.  Quantities and locations of fuel storage;

 

q.  Brake data, including type, manufacturer, and model:

 

1.  Service brake;

 

2.  Bullwheel brake;

 

3.  High speed backstop;

 

4.  Backstop; and

 

5.  Retarding device;

 

r.  A ladder diagram of control circuits indicating the location of all manual speed controls including stop and start switches;

 

s.  Description of the lift communications system;

 

t.  Personnel data, including:

 

1.  Minimum number of operators or attendants utilized;

 

2.  Location of operators or attendants at lift; and

 

3.  If single operator, whether entire lift is within view;

 

u.  If lift is in operation at night, a description of the lighting for the following:

 

1.  Machine room;

 

2.  Lift attendants; and

 

3.  Lift usage;

 

v.  Description and justification for any requested variance from these rules; and

 

w.  Signature of owner or agent and designer certifying that all information provided in the application is true and accurate ;

 

(2)  For the purpose of applying for registration:

 

a.  Certificate from designer with original signatures and drawings list with revision dates and notes of changes made, not shown on the listed drawings submitted to the board;

 

b.  Construction certificate with a drawing list as built and original signatures submitted to the board within 30 days of the acceptance test;

 

c.  Completed acceptance test and inspection;

 

d.  Completed written evacuation plan and documentation of training;

 

e.  Rope inspection reports submitted to the board for the following:

 

1.  Haul;

 

2.  Counterweight; and

 

3.  Other wire rope or strand;

 

f.  On-site operations manual;

 

g. On-site maintenance manual, and documentation of all required maintenance; and

 

h.  Documentation that any variances required have been granted.

 

          (b)  The application for new construction, modification, or relocation and registration of fiber rope tow or wire rope tow form shall include the date, a description of the application and the following information:

 

(1)  For the purpose of applying for construction:

 

a.  Type of application, whether new installation, modification or lift relocation;

 

b.  Tramway number, if available;

 

c.  Owner's name, address and telephone number;

 

d.  If the owner is a corporation or partnership, the names and addresses of the officers or partners;

 

e.  Manager's name, address and telephone number;

 

f.  Tow location;

 

g.  Type of tow, including:

 

1.  Portable or stationary;

 

2.  Fiber rope or wire rope;

 

3.  Whether a single rope is used, or 2 tows side by side in parallel; and

 

4.  Number of tow ropes operated by drive;

 

h.  Name of designer, manufacturer and model, and construction supervisor;

 

i.  Design data, including:

 

1.  Uphill capacity of tow;

 

2.  Vertical length in feet;

 

3.  Number and range of spacing of handles;

 

4.  Maximum speed of lift;

 

5.  Any recreational devices considered for use with the tow; and

 

6.  Plans for compliance with ANSI 6.1.1.3.2., effective 2017 and available as noted in Appendix B, if applicable, to minimize the risk of an inadvertently detached recreational device from sliding into another device or the tow;

 

j.  Design specifications, including diameter, grade, construction and core of the following:

 

1.  Haul rope;

 

2.  Tensioning rope; and

 

3.  Stay ropes;

 

k.  Description of how the haul rope is tensioned and the upper and lower tension limits;

 

l.  Description of how the terminal is anchored;

 

m.  Line equipment data, including:

 

1.  Whether towers are steel or wood;

 

2.  Distance between rope path and towers; and

 

3.  Manufacturer and model of handles;

 

n.  A lift profile, showing:

 

1.  Rope path;

 

2.  Ground profile;

 

3.  Snow depth;

 

4.  Tower locations;

 

5.  Stop gate location; and

 

6.  Identification of bridges or structures which passengers are towed over or travel under;

 

o.  Plan view of installations with plan width at least 150' centered on lift centerline, showing:

 

1.  Location of lift; and

 

2.  Any buildings, trail crossings, power lines, other lifts or watercourses;

 

p.  Description of primary power unit, including:

 

1.  Horsepower;

 

2.  Age;

 

3.  Type; and

 

4.  Quantity and location of fuel storage;

 

q.  Type, manufacturer, and model of service and backstop brakes;

 

r.  A ladder diagram of control circuits indicating the location of all manual speed controls including start and stop switches;

 

s.  Description of the lift communications system;

 

t.  Personnel data, including:

 

1.  Minimum number of operators or attendants utilized;

 

2.  Location of operators or attendants at lift; and

 

3.  If operating with a single operator, whether the operator has the entire lift in his or her view;

 

u.  If lift is in operation at night, a description of the lighting for the following:

 

1.  Machine room;

 

2.  Lift attendants; and

 

3.  Tow usage;

 

v.  Description and justification of any requested variance from these rules;

 

w.  Signature of owner or agent and designer certifying that all information provided in the application is true and accurate;

 

x.  For pre-certified lifts:

 

1.  The state issued pre-certification number; and

 

2.  Certification by the manufacturer that the lift conforms to the pre-certification submission; and

 

y.  For lifts that are not pre-certified:

 

1.  A set of drawings by a designer showing the basic structure, electrical, and mechanical systems;

 

2.  A design parameter specification, by a designer stamped by a qualified engineer showing the allowable operating and installation procedures such as passenger spacing, type of passengers, use of recreational devices, location of safety devices and anchorages; and

 

3.  Operating and maintenance instructions for the lift system; and

 

(2)  For the purpose of applying for registration:

 

a.  Certificate from designer with original signatures and drawings submitted to the board within 30 days of the acceptance test;

 

b.  Completed acceptance test and inspection; and

 

c.  Wire rope test certificates submitted to the board for the following:

 

1.  Haul rope;

 

2.  Tensioning rope; and

 

3.  Stay ropes;

 

d.  On-site operations manual;

 

e.  On-site maintenance manual;

 

f.  Documentation that any variances required have been granted.

 

          (c)  The “Application for New Construction, Modification or Relocation and Registration of Conveyor or Carousel” form shall include the following:

 

(1)  For the purpose of applying for construction:

 

a.  Date, description and type of application, whether new installation, modification or lift relocation;

 

b.  Tramway number, if available;

 

c.  Owner’s name, address and telephone number;

 

d.  If the owner is a corporation or partnership, the names and addresses of the officers or partners;

 

e.  Manager’s name, address and telephone number;

 

f.  Carousel or conveyor location, address, and name of conveyance (if known);

 

g.  Tramway type, including;

 

1.  Whether carousel or conveyor;

 

2.  Manufacturer;

 

3.  Lift model;

 

4.  Lift drive horsepower;

 

5.  Location plan, showing the proposed location and environs; and

 

6.  Length of the conveyor or outer diameter of the carousel;

 

h.  For pre-certified lifts:

 

1.  The state issued pre-certification number; and

 

2.  Certification by the manufacturer that the lift conforms to the pre-certified submission; and

 

i.  For lifts that are not pre-certified:

 

1.  A set of drawings stamped by a qualified engineer showing the basic structure, electrical, and mechanical systems;

 

2.  A design parameter specification stamped by a qualified engineer, showing the allowable operating and installation procedures such as passenger spacing, type of passengers, use of recreational devices, location of safety devices, and anchorages; and

 

3.  Operating and maintenance instructions for the lift system;

 

j.  Signature of the owner or agent, and designer certifying the information provided in the application is true and accurate.

 

(2)  For the purposes of applying for registration:

 

a.  Certificate from designer with original signatures and drawing list submitted to the board within 30 days of the acceptance test;

 

b.  Completed acceptance test and inspection;

 

c.  Onsite operations manual;

 

d.  On-site maintenance manual; and

 

e.  Documentation that any variances required have been granted.

 

Source.  #6020, eff 4-14-95; ss by #6284, eff 7-10-96; ss by #7800, eff 12-11-02, EXPIRED: 12-11-10

 

New.  #10072, eff 1-11-12; amd by #10382, eff 7-23-13; ss by #12989, eff 2-5-20

 

          Pas 309.03  Renewal Registration Certificate.

 

          (a)  The renewal registration certificate form shall include the following:

 

(1)  Tramway number, if available;

 

(2)  Name and location of passenger tramway;

 

(3)  Operator name(s) and address(es);

 

(4)  Owner’s name and address;

 

(5)  The seasons of operation;

 

(6)  Length of tow or lift;

 

(7)  Type of passenger tramway and registration fee;

 

(8)  Date issued;

 

(9)  Whether the tramway was operated in the previous year;

 

(10)  Whether the tramway is in compliance with these rules;

 

(11)  Name of insurance company covering tramway; and

 

(12)  Signature of operator.

 

Source.  #6020, eff 4-14-95; ss by #6284, eff 7-10-96; ss by #7800, eff 12-11-02, EXPIRED: 12-11-10

 

New.  #10072, eff 1-11-12

 

          Pas 309.04  Ski Lift Annual Area Inspection Report.

 

          (a)  The “Ski Lift Annual Area Operators Inspection Report” form shall include the following:

 

(1)  Lift name and type;

 

(2)  Registration number and the last year registered;

 

(3)  Uphill length of lift in feet;

 

(4)  Business name, owner or operator's name, address, telephone number, and email address;

 

(5)  Signature of person responsible for the operation of the tramway, certifying:

 

a. The tramway has been inspected;

 

b.  The date of inspection;

 

c.  Any deficiencies identified have been corrected, or shall be corrected, prior to operation to comply with RSA 321-A and these administrative rules; and

 

d.  A wire rope report has been received for all ropes requiring inspection.

 

(6)  Notation of any exceptions to the requirements set forth in (a)(6) above.

 

          (b)  The “Annual Wire Rope Inspection Report” shall include the following:

 

(1)  Ski area name, address and telephone number;

 

(2)  Date of report;

 

(3)  Lift designation and state registration number;

 

(4)  Rope data for each wire rope or strand, including:

 

a.  Diameter;

 

b.  Length;

 

c.  Construction;

 

d.  Lay;

 

e.  Core;

 

f.  Manufacturer;

 

g.  Date installed;

 

h.  Reel number and date;

 

i.  Splice or other repair; and

 

j.  Name of splicer and date of splice;

 

(5)  Inspection data of the wire haul rope, including:

 

a.  Diameter of main body of haul rope, at each a minimum of 6 readings on 2 planes at 90 degrees;

 

b.  Average length of lay;

 

c.  Estimated percentage of abrasive wear;

 

d.  Number and location of broken wires found;

 

e.  Type of break;

 

f.  Condition of lubrication;

 

g.  Estimated degree of corrosion;

 

h.  Any irregularities or damage to the rope such as but not limited to kinking, crushing or heat;

 

i.  Number of splices;

 

j.  Condition of each splice; and

 

k.  Description of all changes from the previous inspections of the wire rope;

 

(6)  Inspection data of other wire ropes and cables, including:

 

a.  Diameter and condition;

 

b.  Condition of lubrication; and

 

c.  Condition of end connections; and

 

(7)  Other data, including:

 

a.  Position of center of tension bullwheel;

 

b.  Inspector's comments; and

 

c.  Inspector’s address and telephone number; and

 

d.  Signature of inspector certifying that all rope has been inspected in accordance with ANSI B77.1-2017 Section A.4.1.2., effective 2017 and available as noted in Appendix B.

 

Source.  #6020, eff 4-14-95; ss by #6284, eff 7-10-96; ss by #7800, eff 12-11-02; amd by #9354-B, eff 1-3-09; EXPIRED: 12-10-11, except for para (b)(7)d; ss by #10072, eff 1-11-12; amd by #10382, eff 7-23-13; ss by #12989, eff 2-5-20


 

APPENDIX

 

 

Rule

Specific State Statute which the Rule Implements

 

 

Pas 101; Pas 102.01 & Pas 103

RSA 541-A:16, I(a); RSA 225-A:3-a; RSA 225-A:4-a

 

 

Pas 201 - 204

RSA 541-A:16, I(b)(2); RSA 225-A:20

Pas 205.01

RSA 541-A:16, I(c)

Pas 206

RSA 541-A:16, I(b)(3)

Pas 206.07

RSA 541-A:16, I(b)(3)

Pas 207

RSA 541-A:16, I(d)

Pas 208

RSA 5:38

Pas 209

RSA 541-A:11, VII

 

 

Pas 301

RSA 541-A:8

Pas 301.01-301.03

RSA 541-A:7

Pas 301.04

RSA 225-A:2, I

Pas 301.05

RSA 541-A:7

Pas 301.06-301.08

RSA 541-A:7

Pas 301.09

RSA 225-A:2, II

Pas 301.10

RSA 225-A:2, III

Pas 301.11

RSA 225-A:2, VI

Pas 301.12-301.13

RSA 541-A:7

Pas 302.01

RSA 225-A:1; 225-A:3-a

Pas 302.02

RSA 225-A:19

Pas 302.03

RSA 225-A:1; 225-A:8

Pas 302.04

RSA 225-A:8

Pas 303.01

RSA 225-A:14

Pas 303.02

RSA 225-A:10-a; 225-A:15

Pas 303.03

RSA 225-A:15; 225-A:16

Pas 303.04

RSA 225-A:16

Pas 303.05

RSA 225-A:25

Pas 303.06

RSA 225-A:17

Pas 303.07

RSA 225-A:17; 225-A:8

Pas 304

RSA 225-A:10

Pas 305.01-305.06

RSA 225-A:10; RSA 225-A:10-a

Pas 305.07

RSA 225-A:10; 225-A:14

Pas 306 & 307

RSA 225-A:8

Pas 307.01

RSA 541-A:8; RSA 225-A:8

Pas 307.01(b)(15)

RSA 225-A:1; RSA 225-A:8; RSA 225-A:10

Pas 308

RSA 225-A:18-a

Pas 308.01(b)

RSA 541-A:16, I(b)(1)

Pas 309.01 – Pas 309.03

RSA 225-A:8

Pas 309.01(a)(9); Pas 309.04(b)(7)d.

RSA 541-A:16, I(b)(1)

Pas 309.04

RSA 225-A:8; RSA 225-A:12

 


APPENDIX B

 

Rule

Title

Obtain at:

Pas 304.02(a)&(b); Pas 305.03;

Pas 305.05(a);

Pas 305.06;

Pas 307.01(a);

Pas 309.02(b)(1)i.6.; Pas 309.04(b)(7)d.

“American National Standard for Passenger Ropeways – Aerial Tramways, Aerial Lifts, Surface Lifts, Tows and Conveyors – Safety Requirements (ANSI B77.1)”, dated 2017

American National Standards Institute (ANSI)

Attn: Customer Service Department

25 W. 43rd Street, 4th Floor

New York, NY 10036

(212) 642-4980

E-mail: info@ansi.org

Price: $200

Also available for inspection by contacting the Department of Safety, Passenger Tramway Safety Board