S.B. 82 Enrolled

1

PASSENGER ROPEWAY SYSTEMS ACT
2 AMENDMENTS
3 2010 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Allen M. Christensen
6 House Sponsor: Melvin R. Brown
7
8 LONG TITLE
9 General Description:
10 This bill modifies the Passenger Ropeway Systems Act by amending provisions
11 relating to the registration and inspection of private residence passenger ropeways.
12 Highlighted Provisions:
13 This bill:
14 . defines private residence passenger ropeways;
15 . provides that private residence passenger ropeways are exempt from the registration
16 and inspection requirements; and
17 . makes technical changes.
18 Monies Appropriated in this Bill:
19 None
20 Other Special Clauses:
21 None
22 Utah Code Sections Affected:
23 AMENDS:
24 72-11-102, as last amended by Laws of Utah 1999, Chapter 195
25 72-11-201, as renumbered and amended by Laws of Utah 1999, Chapter 195
26 72-11-205, as renumbered and amended by Laws of Utah 1999, Chapter 195
27 72-11-211, as renumbered and amended by Laws of Utah 1999, Chapter 195
28
29 Be it enacted by the Legislature of the state of Utah:

30 Section 1. Section 72-11-102 is amended to read:
31 72-11-102. Definitions.
32 As used in this chapter:
33 (1) "Aerial lift" means a ropeway on which passengers are transported in cabins or on
34 chairs.
35 (2) "Aerial tramway" means a ropeway on which passengers are transported in cable
36 supported carriers and are not in contact with the ground or snow surface and that reciprocates
37 between terminals.
38 (3) "Area" means the geographic area, terrain, and ski slopes served by a passenger
39 ropeway.
40 (4) "Committee" means the Passenger Ropeway Safety Committee created by Section
41 72-11-202 .
42 (5) "Conveyor" means a device used to transport skiers and snowboarders standing on
43 a flexible moving element or belt.
44 (6) "Detachable grip lift" means a monocable or bicable ropeway system on which
45 carriers circulate around the system alternately attaching to and detaching from a moving haul
46 rope.
47 (7) "Funicular" means a ropeway on which carriers are supported and guided by a
48 guideway and that is propelled by means of a haul rope system and that is operated as a single
49 or double reversible system.
50 (8) "Industry" means the passenger ropeway business activities of any person in the
51 state who owns, manages, or directs the operation of a passenger ropeway.
52 (9) "Operator" means a person, including any political subdivision or instrumentality
53 of the political subdivision, who owns, manages, or directs the operation of a passenger
54 ropeway.
55 (10) (a) "Passenger ropeway" means a device, excluding an elevator, used to transport
56 passengers along a level, inclined or declined path by means of a haul rope or other flexible
57 elements that is driven by a power unit that remains essentially at a single location.

58 (b) Passenger ropeways include the following:
59 [(a)] (i) an aerial tramway;
60 [(b)] (ii) an aerial lift, including a detachable grip lift and chair lift;
61 [(c)] (iii) a conveyor;
62 [(d)] (iv) a funicular;
63 [(e)] (v) a surface lift, including a J-bar, T-bar, or platter pull; and
64 [(f)] (vi) a rope tow, including a wire rope and fiber rope tow.
65 (11) "Private residence passenger ropeway" means a passenger ropeway that:
66 (a) is installed at a private residence;
67 (b) is not accessible to the general public;
68 (c) is not used for commercial purposes; and
69 (d) (i) is owned by one single owner; and
70 (ii) the owner described in Subsection (11)(d)(i) is not:
71 (A) a unit or homeowner's association; or
72 (B) a planned unit development or a planned residential unit development organization
73 or entity.
74 [(11)] (12) "Rope tow" means a ropeway on which passengers remain in contact with
75 the ground or snow surface and are pulled in one direction only by a towing device attached to
76 a circulating wire rope.
77 [(12)] (13) "Surface lift" means a ropeway on which passengers remain in contact with
78 the ground or snow surface and are pulled by a towing device attached to a circulating
79 overhead wire rope, and includes a J-bar, T-bar, or platter pull.
80 Section 2. Section 72-11-201 is amended to read:
81 72-11-201. Passenger ropeways -- Purpose and scope.
82 (1) In order to safeguard the life, health, property, and welfare of citizens while using
83 passenger ropeways, it is the policy of the state to:
84 (a) protect citizens and visitors from unnecessary mechanical hazards in the design,
85 construction, and operation of passenger ropeways, but not from the hazards inherent in the

86 sports of mountaineering, skiing, snowboarding, mountain biking, and hiking, or from the
87 hazards of the area served by passenger ropeways, all of which hazards are assumed by the
88 sportsman; and
89 (b) require periodic inspections of passenger ropeways to ensure that each passenger
90 ropeway meets "The United States of America Standard Institute Safety Code for Aerial
91 Passenger Tramways," or an equivalent standard established by rule under Section 72-11-210 .
92 (2) [The] (a) Except as provided in Subsection (2)(b), the committee, through the
93 Department of Transportation, shall:
94 [(a)] (i) register all passenger ropeways in the state;
95 [(b)] (ii) establish reasonable standards of design, construction, and operational
96 practices; and
97 [(c)] (iii) make inspections as necessary to implement this section.
98 (b) The committee has no jurisdiction over the construction, modification, registration,
99 or inspection of a private residence passenger ropeway.
100 Section 3. Section 72-11-205 is amended to read:
101 72-11-205. Passenger ropeways -- Registration of ropeways.
102 (1) [A] Except as provided in Subsections (2) through (4), a passenger ropeway may
103 not be operated in this state unless it is registered with the committee[, except as provided in
104 Subsections (2) and (3)].
105 (2) The initial application for registration of a passenger ropeway permits the operator
106 to operate the passenger ropeway until final action on the application is taken by the
107 committee.
108 (3) If an operator files an application to renew registration of a passenger ropeway,
109 then the operator may continue the operation of the passenger ropeway under the existing
110 registration until the committee takes final action on the pending application and has:
111 (a) issued a certificate to the operator; or
112 (b) given written notice to the operator that the passenger ropeway has not qualified
113 for certification.

114 (4) A private residence passenger ropeway may be operated in this state without
115 fulfilling the registration requirements of this section.
116 Section 4. Section 72-11-211 is amended to read:
117 72-11-211. Passenger ropeways -- Inspection.
118 (1) The committee may order inspections of the design, construction, operation, and
119 maintenance of passenger ropeways as the committee may reasonably require.
120 (2) If, as the result of an inspection, it is found that a violation of the committee's rules
121 exists, or a condition in passenger ropeway construction, operation, or maintenance exists that
122 endangers the safety of the public, an immediate report shall be made to the operator whose
123 passenger ropeway has received the inspection and to the committee for appropriate
124 investigation and order.
125 (3) A private residence passenger ropeway is not subject to the inspection
126 requirements under this section.