Reportable Tramway Incidents; Immediate Shutdown

(1) All tramway incidents involving a Serious Injury shall be immediately reported to the Board through the Department Incident Hotline. A Tramway Incident Report shall be sent to the Board for all Reportable Tramway Incidents postmarked within four days of such incident. (2) Serious Injury. (a) When a Serious Injury results from a possible malfunction of a Tramway, the Ski Area Operator shall immediately stop operation of the Tramway and notify the Board. No part of the Tramway or the surrounding area shall be removed or disturbed before written permission has been given by the Board or its designee, except to the extent that such action is necessary to avoid further Serious Injury. (b) An investigation of the incident shall precede any authorization to resume public operation of the Tramway. The report of investigation shall include a factual account of the incident, the nature and extent of injuries to persons, damage to the Tramway, any witness statements, any other pertinent details, and recommendations for remedial measures to be taken prior to resuming operation. (3) Immediate Shutdown. (a) Whenever the Board or its designee deems a condition in Tramway construction, operation or maintenance to be a threat to public safety, it may order the Ski Area Operator to immediately suspend operation of the Tramway until such time as the condition has been remedied. The Board reserves the right to exercise the provisions in 526 CMR 10.10(3) notwithstanding any other provision to the contrary. (b) Items which may warrant immediate Tramway shut down by the Board include: 1. Failure of the safety system; 2. Failure of the limit switch, derailment system or stop switch; 3. Counterweight striking ground or tension carriage improperly positioned and improper functioning of the hydraulic/pneumatic system; 4. Improper functioning brakes or back stops; 5. Non-functioning Tramway communication system; 6. The occurrence of a Serious Injury due to a defect or malfunction of the Tramway; or 7. Any other condition, which may affect safe operation of the Tramway. (4) Re-inspection Following Immediate Shutdown. (a) The Tramway shall remain closed until all necessary repairs have been completed to the satisfaction of the Board. (b) Operation of the Tramway shall not be resumed until the Tramway has been re-inspected by a certified inspector and found to be safe for operation by the Board.