Code Section Group

Labor Code - LAB

DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9104]

  ( Division 5 enacted by Stats. 1937, Ch. 90. )

PART 3. SAFETY ON BUILDINGS [7100 - 7384]

  ( Part 3 enacted by Stats. 1937, Ch. 90. )

CHAPTER 4. Passenger Tramways [7340 - 7357]
  ( Heading of Chapter 4 amended by Stats. 2016, Ch. 31, Sec. 199. )

7340.
  

As used in this chapter:

(a) “Passenger tramway” includes any method or device used primarily for the purpose of transporting persons by means of cables or ropes suspended between two or more points or structures.

(b) “Permit” means a permit issued by the division to operate a passenger tramway in any place.

(Amended by Stats. 2016, Ch. 31, Sec. 200. (SB 836) Effective June 27, 2016.)

7341.
  

A passenger tramway shall not be operated in any place in this state unless a permit for the operation of the tramway is issued by the division, and unless the permit remains in effect and is kept posted conspicuously in the main operating terminal of the tramway.

(Amended by Stats. 2016, Ch. 31, Sec. 201. (SB 836) Effective June 27, 2016.)

7342.
  

The operation of a passenger tramway by any person owning or having the custody, management, or operation thereof without a permit is a misdemeanor, and each day of operation without a permit is a separate offense. No prosecution shall be maintained where the issuance or renewal of a permit has been requested and remains unacted upon.

(Amended by Stats. 2016, Ch. 31, Sec. 202. (SB 836) Effective June 27, 2016.)

7343.
  

Whenever a passenger tramway in any place is being operated without the permit herein required, and is in such condition that its use is dangerous to the life or safety of any person, the division, or any person affected thereby, may apply to the superior court of the county in which the passenger tramway is located for an injunction restraining the operation of the passenger tramway until the condition is corrected. Proof by certification of the division that a permit has not been issued, together with the affidavit of any safety engineer of the division that the operation of the passenger tramway is dangerous to the life or safety of any person, is sufficient ground, in the discretion of the court, for the immediate granting of a temporary restraining order.

(Amended by Stats. 2016, Ch. 31, Sec. 203. (SB 836) Effective June 27, 2016.)

7344.
  

(a) The division shall cause all passenger tramways to be inspected at least two times each year.

(b) At least one of the inspections required by subdivision (a) shall take place between November 15 of each year and March 15 of the succeeding year.

(c) If a passenger tramway is found upon inspection to be in a safe condition for operation, a permit for operation for not longer than one year shall be issued by the division.

(Amended by Stats. 2016, Ch. 31, Sec. 204. (SB 836) Effective June 27, 2016.)

7345.
  

If inspection shows a passenger tramway to be in an unsafe condition, the division may issue a preliminary order requiring repairs or alterations to be made to the passenger tramway that are necessary to render it safe, and may order the operation or use thereof discontinued until the repairs or alterations are made or the unsafe conditions are removed.

(Amended by Stats. 2016, Ch. 31, Sec. 205. (SB 836) Effective June 27, 2016.)

7346.
  

Unless the preliminary order is complied with, a hearing before the division shall be allowed, upon request, at which the owner, operator, or other person in charge of the passenger tramway may appear and show cause why he should not comply with the order.

(Amended by Stats. 2016, Ch. 31, Sec. 206. (SB 836) Effective June 27, 2016.)

7347.
  

If it thereafter appears to the division that the passenger tramway is unsafe and that the requirements contained in the preliminary order should be complied with, or that other things should be done to make the passenger tramway safe, the division may order or confirm the withholding of the permit and may make requirements as it determines to be proper for its repair or alteration or for the correction of the unsafe condition. The order may thereafter be reheard by the division or reviewed by the courts only in the manner specified for safety orders by Part 1 (commencing with Section 6300).

(Amended by Stats. 2016, Ch. 31, Sec. 207. (SB 836) Effective June 27, 2016.)

7348.
  

If the operation of a passenger tramway during the making of repairs or alterations is not immediately dangerous to the safety of employees or others, the division may issue a temporary permit for the operation of the tramway for a term not to exceed 30 days during the making of repairs or alterations.

(Amended by Stats. 2016, Ch. 31, Sec. 208. (SB 836) Effective June 27, 2016.)

7349.
  

The inspection herein provided for shall be made by a division safety engineer or, on ski lifts, by a certified tramway inspector qualified under Section 7354.5 and employed by a licensed insurance company. A temporary permit for operation may be issued by a division engineer or by the qualified insurance inspector, on a form furnished by the division, under conditions of Sections 7348 and 7351.

(Amended by Stats. 1974, Ch. 863.)

7350.
  

(a) The division shall fix and collect fees for the inspection of passenger tramways as it deems necessary to cover the costs of the division in administering this chapter. In fixing the amount of these fees, the division may include direct costs and a reasonable percentage attributable to the indirect costs of the division for administering this chapter. The division shall not charge an inspection fee for inspections performed by certified insurance inspectors, but may charge a fee for processing the permit when issued by the division as a result of the inspection. Notwithstanding Section 6103 of the Government Code, the division may collect the fees authorized by this section from the state or any county, city, district, or other political subdivision.

(b) Whenever a person owning or having custody, management, or operation of a passenger tramway fails to pay any fee required under this chapter within 60 days after the date of notification by the division, the division shall assess a penalty fee equal to 100 percent of the initial fee. For purposes of this section, the date of the invoice fixing the fee shall be considered the date of notification.

(Amended by Stats. 2016, Ch. 31, Sec. 209. (SB 836) Effective June 27, 2016.)

7351.
  

Fees shall be paid before issuance of a permit to operate a passenger tramway, except that the division, at its own discretion, may issue a temporary operating permit not to exceed 30 days, pending receipt of payment of fees.

(Amended by Stats. 2016, Ch. 31, Sec. 210. (SB 836) Effective June 27, 2016.)

7352.
  

(a) All fees collected by the division under this chapter shall be deposited into the Occupational Safety and Health Fund to support the division’s passenger tramway inspection program.

(b) On the effective date of the statute adding this subdivision, any moneys in the Elevator Safety Account that, before that date, were deposited pursuant to this section, subdivision (a) of Section 7904, or subdivision (b) of Section 7929 shall be transferred to the Occupational Safety and Health Fund, together with any assets, liabilities, revenues, expenditures, and encumbrances of that fund that are attributable to the division’s passenger tramway inspection program under this chapter, the portable amusement ride inspection program under Part 8 (commencing with Section 7900), and the Permanent Amusement Ride Safety Inspection Program (Part 8.1 (commencing with Section 7920)).

(Amended by Stats. 2016, Ch. 31, Sec. 211. (SB 836) Effective June 27, 2016.)

7353.
  

(a) A passenger tramway shall not be constructed or altered until the plans and design information have been properly certified to the division by an engineer qualified under the Professional Engineers Act (Chapter 7 (commencing with Section 6700) of Division 3 of the Business and Professions Code).

(b) Any person who owns, has custody of, manages, or operates a passenger tramway shall notify the division prior to any major repair of the tramway.

(Amended by Stats. 2016, Ch. 31, Sec. 212. (SB 836) Effective June 27, 2016.)

7354.
  

The division shall not issue an operating permit to operate a passenger tramway until it receives certification in writing by an engineer qualified under the Professional Engineers Act (Chapter 7 (commencing with Section 6700) of Division 3 of the Business and Professions Code) that the erection work on the tramway has been completed in accordance with the design and erection plans for the tramway.

(Amended by Stats. 2016, Ch. 31, Sec. 213. (SB 836) Effective June 27, 2016.)

7354.5.
  

(a) Notwithstanding any other provision of this chapter, in any case in which an insurer admitted to transact insurance in this state has inspected or caused to be inspected, by a qualified, licensed professional engineer registered in California pursuant to Chapter 7 (commencing with Section 6700) of Division 3 of the Business and Professions Code, any passenger tramway used as a ski lift, the division may, if it finds those inspections were made according to subdivisions (a) and (b) of Section 7344, accept the inspections in lieu of any other inspections for that year, except that the initial inspection of a new ski lift or of a major alteration to an existing ski lift shall be performed by a division safety engineer. A private inspector shall, before commencing his or her duties therein, secure from the division a certificate of competency to make inspections. The division may determine the competency of any applicant for a certificate, either by examination or by other satisfactory proof of qualification.

(b) The division may rescind at any time, upon good cause being shown therefor, and after hearing, if requested, any certificate of competency issued by it to a ski lift inspector. The inspection reports made to the division shall be in a form and content as the division finds necessary for acceptance as a proper inspection made by a private inspector.

(Amended by Stats. 2016, Ch. 31, Sec. 214. (SB 836) Effective June 27, 2016.)

7355.
  

Nothing in the foregoing sections of this chapter shall limit the authority of the division to prescribe or enforce general or special safety orders.

(Added by Stats. 1965, Ch. 1047.)

7356.
  

The division shall, under the authority of Section 7355, promulgate and cause to be published safety orders directing each owner or operator of a passenger tramway to report to the division each known incident where the maintenance, operation, or use of the tramway results in injury to any person, unless the injury does not require medical service other than ordinary first aid treatment.

(Amended by Stats. 2016, Ch. 31, Sec. 215. (SB 836) Effective June 27, 2016.)

7357.
  

The division shall establish standards for the qualification of persons engaged in the operation of passenger tramways, whether as employees or otherwise. The standards shall be consistent with the general objective of this chapter in providing for the safety of members of the public who use passenger tramways and those engaged in their operation.

(Amended by Stats. 2016, Ch. 31, Sec. 216. (SB 836) Effective June 27, 2016.)

LABLabor Code - LAB