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;

(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.

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.

(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.

(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.

(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 Exceptions. The board shall be authorized to grant exceptions from the design, operations, and safety-related requirements of the passenger tramway rules or permit the use of other devices or methods that provide features or functions comparable to those required by the passenger tramway rules in accordance with the American National Standards for Passenger Ropeways – Aerial Tramways, Aerial Lifts, Surface Lifts, Tows and Conveyors – Safety Requirements (ANSI B77.1-2022), section 1, “General Requirements”, effective 2022 and available as noted in Appendix B. The operator requesting an exception shall apply in writing to the board and the request shall contain:

(a) A written description of the device(s) or method(s) for which the exception is requested, including a reference to the administrative rules that normally apply;

(b) A written description of how the use of alternative device(s) or method(s) will maintain the tramway in question in a state that is comparable to full conformance; and

Source. #14144-A, eff 12-6-24

Pas 204.12 Decision of the Board. Pursuant to RSA 225-A:20, the board shall:

(a) Present written findings to the commissioner;

(b) Make such order as the facts require.

Source. #8132, eff 7-30-04; renumbered by #14144-A (formerly Pas 204.11)

Pas 204.13 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; renumbered by #14144-A (formerly Pas 204.12)

Pas 204.14 Appeals. All appeals shall be pursuant to RSA 225-A:21.

Source. #8132, eff 7-30-04; renumbered by #14144-A (formerly Pas 204.13)

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.

(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.

(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.

(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 principal 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; ss by #13429-A, eff 8-6-22

CHAPTER Pas 300 PASSENGER TRAMWAY SAFETY RULES

REVISION NOTE #1:

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

REVISION NOTE #2:

Document #13429-B, effective 8-06-22, adopted, repealed, readopted, readopted and renumbered, readopted with amendments, or readopted with amendments and renumbered all of the rules in Chapter Pas 300. These changes included extensive renumbering of most of the existing rules within Chapter Pas 300 as indicated in the source notes, as well as amended the Part and section headings in Part Pas 305. Document #13429-B replaced all prior filings for rules in the former Chapter Pas 300.

The rules in the former Chapter Pas 300 which were last filed in Document #10072, effective 1-11-12, did not expire on 1-11-22 but were extended pursuant to RSA 541-A:14-a until Document #13429-B was effective 8-06-22.

Document #13429-B adopted the following rules in the Parts indicated:

PART Pas 301 DEFINITIONS

Pas 301.13 defining “qualified personnel”.

Pas 301.14 defining “qualified wire rope inspector”.

PART Pas 302 POLICY, ORDERS AND INCIDENT REPORTING

Pas 302.05 Passenger Tramway Safety Bureau Inspection.

PART Pas 305 CONSTRUCTION, RELOCATION, ALTERATION IN LENGTH, AND

MODIFICATION OF PASSENGER TRAMWAYS

Pas 305.04 Fiber Rope or Wire Rope Tow Application for Construction, Relocation, Alteration in Length, or Modification.

Pas 305.05 Conveyor or Carousel Application for Construction, Relocation,

Alteration in Length, or Modification.

Pas 305.06 T-Bar, J-Bar, Platter Pull, Chair Lift, Aerial Tramway or Gondola

Application for Construction, Relocation, Alteration in Length, or Modification.

PART Pas 306 PASSENGER TRAMWAY REGISTRATION REQUIREMENTS

Pas 306.01 Initial Registration of a New, Modified or Relocated Passenger Tramway.

Pas 306.02 Initial Registration Requirements for Fiber Rope or Wire Rope Tows.

Pas 306.03 Initial Registration Requirements for Conveyors or Carousels.

Pas 306.04 Initial Registration Requirements for T-Bar, J-Bar, Platter Pull, Chairlift,

Aerial Tramway or Gondola.

Document #13429-B repealed the following rules in the Parts indicated:

PART Pas 303 REGISTRATION

Pas 303.02 Application for Construction and Registration.

Pas 303.03 Renewal of Registration.

PART Pas 309 PASSENGER TRAMWAY SAFETY FORMS

Pas 309.01 Tramway Incident Report Form.

Pas 309.02 Application for Construction and Registration Forms.

Pas 309.03 Renewal Registration Certificate.

Pas 309.04 General Inspection Forms.

The prior filings affecting the repealed Pas 303.02 included the following documents:

#2297, eff 2-7-83

#2704, eff 5-9-84, EXPIRED 5-9-90 (formerly Saf-S 1003.02)

#4862, eff 7-10-90

#6020, eff 4-14-95

#6284, eff 7-10-96

#7800, eff 12-11-02, EXPIRED 12-11-10

#10072, eff 1-11-12

#12989, eff 2-5-20

The prior filings affecting the repealed Pas 303.03 included the following documents:

#2297, eff 2-7-83

#2704, eff 5-9-84, EXPIRED 5-9-90 (formerly Saf-S 1003.03)

#4862, eff 7-10-90

#6020, eff 4-14-95

#6284, eff 7-10-96

#7800, eff 12-11-02, EXPIRED 12-11-10

#10072, eff 1-11-12

The prior filings affecting the repealed Pas 309.01 included the following documents:

#6020, eff 4-14-95

#6284, eff 7-10-96

#7800, eff 12-11-02

#9354-B, eff 1-3-09; EXPIRED: 12-11-10, except for para (a)(9)

#10072, eff 1-11-12

#10382, eff 7-23-13

#12989, eff 2-5-20

The prior filings affecting the repealed Pas 309.02 included the following documents:

#6020, eff 4-14-95

#6284, eff 7-10-96

#7800, eff 12-11-02, expired 12-11-10

#10072, eff 1-11-12

#10382, eff 7-23-13

#12989, eff 2-5-20

The prior filings affecting the repealed Pas 309.03 included the following documents:

#6020, eff 4-14-95

#6284, eff 7-10-96

#7800, eff 12-11-02, EXPIRED 12-11-10

#10072, eff 1-11-12

The prior filings affecting the repealed Pas 309.04 included the following documents:

#6020, eff 4-14-95

#6284, eff 7-10-96

#7800, eff 12-11-02

#9354-B, eff 1-3-09; EXPIRED: 12-11-10, except for para (b)(7)d.

#10072, eff 1-11-12

#10382, eff 7-23-13

#12989, eff 2-5-20

PART Pas 301 DEFINITIONS

Pas 301.01 “American National Standards Institute (ANSI)” means the American National Standards Institute, Inc., 25 West 43^rd Street, 4^th 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); ss by #13429-B, eff 8-6-22 (see Revision Note #2 at chapter heading for Pas 300)

Pas 301.02 “Area operator” means the person who owns 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); ss by #13429-B, eff 8-6-22 (see Revision Note #2 at chapter heading for Pas 300)

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); ss by #13429-B, eff 8-6-22 (see Revision Note #2 at chapter heading for Pas 300)

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); ss by #13429-B, eff 8-6-22 (see Revision Note #2 at chapter heading for Pas 300)

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; ss by #13429-B, eff 8-6-22 (see Revision Note #2 at chapter heading for Pas 300)

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); ss by #13429-B, eff 8-6-22 (see Revision Note #2 at chapter heading for Pas 300)

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); ss by #13429-B, eff 8-6-22 (see Revision Note #2 at chapter heading for Pas 300)

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); ss by #13429-B, eff 8-6-22 (see Revision Note #2 at chapter heading for Pas 300)

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); ss by #13429-B, eff 8-6-22 (see Revision Note #2 at chapter heading for Pas 300)

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); ss by #13429-B, eff 8-6-22 (see Revision Note #2 at chapter heading for Pas 300)

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); ss by #13429-B, eff 8-6-22 (see Revision Note #2 at chapter heading for Pas 300)

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); ss by #13429-B, eff 8-6-22 (see Revision Note #2 at chapter heading for Pas 300)

Pas 301.13 “Qualified personnel” means individuals, who, as a result of training and experience, understand and demonstrate competence with design, construction, operation, or maintenance of passenger tramways and associated hazards.

Source. ##13429-B, eff 8-6-22 (see Revision Note #2 at chapter heading for Pas 300)

Pas 301.14. “Qualified wire rope inspector” means an individual who is acceptable to the board to inspect wire rope, as specified in Pas 304.02.

Source. ##13429-B, eff 8-6-22 (see Revision Note #2 at chapter heading for Pas 300)

Pas 301.15 "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); ss by #13429-B, eff 8-6-22 (formerly Pas 301.13)

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; ss by #13429-B, eff 8-6-22

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; ss by #13429-B, eff 8-6-22

Pas 302.03 Incident Reports: Oral. The owner or operator of any tramway, upon the occurrence of an incident involving death or loss of control of a lift, shall immediately make contact with the lift inspector or a member of the board. The owner or operator of any tramway, upon the occurrence of an incident requiring the evacuation of any aerial lift by any method other than auxiliary power, shall immediately notify the lift inspector or a member of the board. In the event of an evacuation of an aerial lift by auxiliary power, the owner or operator of the lift shall notify the lift inspector or member of the board immediately, but no later than 24 hours of the incident.

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; ss by #13429-B, eff 8-6-22

Pas 302.04 Incident Reports: Written.

(a) The owner or operator of any tramway shall submit a Pas 6 “Tramway Incident Report” form, revised 1/2022, 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 signed by the area operator or owner and sent to the board within 5 days of the date of the incident.

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; ss by #13429-B, eff 8-6-22

Pas 302.05 Passenger Tramway Safety Bureau Inspection.

(a) The passenger tramway safety bureau shall be authorized to perform an inspection of any tramway in order to determine compliance with the rules, regulations, and codes of the department or the board.

(b) The findings of inspections conducted by the passenger tramway safety bureau shall be recorded on form Pas 7 “Passenger Tramway Safety Bureau Inspection Report” , revised 01/2022.

(c) If an inspection results in any failure to comply with the rules, regulations, or codes of the department or the board, the inspector shall list the failures and the recommended corrective measures required for compliance on the Pas 7 form.

(d) The area operator of the tramway shall sign the completed Pas 7 form to certify receipt of a copy and shall reply in writing to the passenger tramway safety bureau within 10 days, unless specified otherwise, that the failures have been corrected as prescribed by the inspector.

(e) Pursuant to RSA 225-A:10-a, prior to the construction of a new, or the alteration of an existing, passenger tramway, the operator or prospective operator shall submit plans and specifications to the department so that the department may make recommendations relative to the safety of the layout and equipment.

Source. #13429-B, eff 8-6-22

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.

(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; ss by #13429-B, eff 8-6-22

Pas 303.02 Requirements for Registration.

(a) Except as otherwise provided in these rules, a registration shall only be issued to an area operator whose passenger tramway meets the minimum requirements set forth in Pas 300.

(b) Prior to initial registration of a new, modified or relocated passenger tramway, a form Pas 5 “Tramway Application / Registration Certificate”, revised 1/2022, and all submissions required in Pas 306 shall be submitted to the board with the appropriate fee pursuant to Pas 303.03.

(c) To renew a passenger tramway registration, a form Pas 5 “Tramway Application / Registration Certificate”, revised 1/2022, shall be submitted to the board with the appropriate fee pursuant to Pas 303.03.

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; ss by #13429-B, eff 8-6-22 (formerly Pas 303.06)

Pas 303.03 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 $245 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 the fees as follows, beginning in each fiscal year noted in Table 3.2:

Table 3.2 Lift Fee Rate

FY 25 $0.61 per foot

FY 27 $0.68 per foot

FY 29 $0.75 per foot

FY 31 $0.82 per foot

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

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; ss by #13429-B, eff 8-6-22 (formerly Pas 303.04); ss by #14144-B, eff 12-6-24, EXPIRES: 12-6-34

Pas 303.04 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 or 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 or 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; ss by #13429-B, eff 8-6-22 (formerly Pas 303.05)

Pas 303.05 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; ss by #13429-B, eff 8-6-22 (formerly Pas 303.07)

PART Pas 304 OPERATOR'S GENERAL INSPECTION

Pas 304.01 Area Operator's General Inspection.

(a) A general inspection of each passenger tramway, to include the entire installation, shall be conducted by qualified personnel at least once a year. For passenger tramways operating in more than one season, a minimum of 2 inspections a year shall be required. The general inspection shall be documented and submitted to the board on a Pas 4 “Area Operator’s Inspection Report” form, revised 1/2022.

(b) The general inspection required by this section shall include an inspection performed by a qualified wire rope inspector of each wire rope used in the passenger tramway.

(c) The qualified wire rope inspector(s) shall submit a written report to the board indicating whether the wire rope(s) are ready for operation.

(d) The person performing the general inspection shall sign the Pas 4 form. By signing the form, the person shall certify that each lift complies with the rules, regulations, RSA 225-A.

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; ss by #13429-B, eff 8-6-22 (see Revision Note #2 at chapter heading for Pass 300)

Pas 304.02 Wire Rope Inspectors.

(a) The board shall qualify a visual wire rope inspector as referred to in ANSI B77.1- 2022, section A.4.1.2., effective 2022 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 -2022 section A.4.1., effective 2022 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; ss by #13429-B, eff 8-6-22 (see Revision Note #2 at chapter heading for Pass 300); ss by #14144-B, eff 12-6-24, EXPIRES: 12-6-34

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; ss by #13429-B, eff 8-6-22 (see Revision Note #2 at chapter heading for Pass 300)

PART Pas 305 CONSTRUCTION, RELOCATION, ALTERATION IN LENGTH, AND MODIFICATION OF PASSENGER TRAMWAYS

Pas 305.01 Requirements for Manufacturers to Pre-Certify Tows, Carousels, and Conveyors.

(a) The manufacturer shall submit the appropriate application form listed below. When completing the application form for pre-certification purposes, the manufacturer shall indicate “pre-certification” in lieu of site specific information.

(b) For a rope tow, a manufacturer shall request pre-certification by submitting a completed form Pas 1 “Application for New Construction, Alteration in Length, Relocation, or Modification and Registration of Fiber Rope Tow or Wire Rope Tow”, as revised 1/2022.

(c) For a conveyor or carousel, a manufacturer shall request pre-certification by submitting a completed form Pas 2 “Application for New Construction, Alteration in Length, Relocation, or Modification and Registration of Conveyor or Carousel”, as revised 1/2022.

(d) 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.

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

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; ss by #13429-B, eff 8-6-22 (see Revision Note #2 at chapter heading for Pass 300)

Pas 305.02 Application for Construction, Relocation, or Alteration of Length of Passenger Tramways.

(a) Before the construction of any new passenger tramway, relocation, or alteration of length of a 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 as specified in (c) below, for the type of lift to be constructed, relocated, or altered in length.

(b) The operator shall not proceed with construction, relocation, or alteration of length unless:

(1) The operator has received approval from the board; or

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

(c) Before any passenger tramway construction, relocation, or alteration of length is started, owners or area operators shall apply for the board’s approval using the application that correlates to the type of lift to be constructed, relocated, or altered in length, as described in Pas 305.04, Pas 305.05, and Pas 305.06.

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; ss by #13429-B, eff 8-6-22 (see Revision Note #2 at chapter heading for Pass 300); ss by #14144-B, eff 12-6-24, EXPIRES: 12-6-34

Pas 305.03 Modification of Passenger Tramway.

(a) 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 modifications, as defined in ANSI B77.1- 2022, Section 1.2.4., effective 2022 and available as noted in Appendix B, except in (d) below, to be made to a passenger tramway shall be submitted to the department for approval. The engineering data shall be prepared by a qualified engineer and shall include testing requirements as well as design change data.

(b) In the case of the replacement of a prime mover motor controller or the change or replacement of a control system, the application, specifications, and plans shall be submitted to the department. Notwithstanding any rule to the contrary, the board shall allow the completion of the modifications and testing if the submittals meet the design requirements of the ANSI B.77.1 standard as adopted and these rules, and the department determines that there is not a condition in the passenger tramway construction, operation, or maintenance endangering the safety of the public. The application shall be reviewed at the next scheduled meeting of the board. If the board finds that there are elements of the modification that do not conform to requirements of the ANSI B.77.1 standard as adopted and these rules, they shall identify the area or areas of non-conformance and stipulate a reasonable time frame for conformance.

(c) Owners and operators shall submit an application that correlates to the type of lift to be modified, described in Pas 305.04, Pas 305.05, and Pas 305.06.

(d) For modifications defined in ANSI B77.1-2022, section 1.2.4., effective 2022, that do not involve relocating or altering the length of the passenger tramway, a qualified engineer shall prepare the engineering data, including testing requirements and design change data. Except, if the modification is to a fiber rope tow, then the designer may prepare the engineering data.

(e) 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 for the modification and has been determined by the board to comply with these rules and all applicable standards;

(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) Except for fiber rope tows, 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.

(f) Upon request, the board shall issue an exception to the requirement that the operator provide certified as-built plans, provided that a qualified engineer conducts the tests required in (d) above 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. #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; ss by #13429-B, eff 8-6-22 (see Revision Note #2 at chapter heading for Pass 300); ss by #14144-B, eff 12-6-24, EXPIRES: 12-6-34

Pas 305.04 Fiber Rope or Wire Rope Tow Application for Construction, Relocation, Alteration in Length, or Modification.

(a) For a rope tow, an owner or operator shall apply for the board’s approval by submitting a form Pas 1 “Application for New Construction, Alteration in Length, Relocation or Modification and Registration of Fiber Rope Tow or Wire Rope Tow”, revised 1/2022. The board may request additional information for verification of compliance with its rules.

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

(1) Design parameters showing relationships between vertical rise, length, handle spacing, speed and capacity prepared by the designer;

(2) Proper load and unload designs prepared by the designer;

(3) 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;

(4) An electrical diagram of the control circuits indicating the location of all stop and start switches; and

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

a. A set of drawings that shall be in the English language, stamped by a design engineer showing the basic structure, electrical and mechanical systems;

b. A design parameter specification with the engineer’s stamp, showing the allowable operating and installation procedures, such as passenger spacing, type of passengers, use of recreational devices, location of safety devices, anchorages;

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

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

(c) If any variances are requested, the applicant shall submit with the application a description of any variance to the rules, regulations, and code of the New Hampshire tramway with justification.

(d) The owner or operator and the designer of the rope tow shall sign the application form. By signing the form, the applicant shall certify that all information provided in the application is true and accurate.

Source. #13429-B, eff 8-6-22 (see Revision Note #2 at chapter heading for Pas 300)

Pas 305.05 Conveyor or Carousel Application for Construction, Relocation, Alteration in Length, or Modification.

(a) For a conveyor or carousel, an owner or operator shall apply for the board’s approval by submitting a form Pas 2 “Application for New Construction, Alteration in Length, Relocation or Modification and Registration of Conveyor or Carousel”, revised 1/2022. The board shall request additional information when necessary to verify compliance with its rules.

(b) In addition to the application required in (a) 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; and

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;

5. Anchorages; and

6. Operating and maintenance instructions for the lift system.

(c) If any variances are requested, the applicant shall submit with the application a description of any variance to the rules, regulations, and code of the New Hampshire tramway with justification.

Source. #13429-B, eff 8-6-22 (see Revision Note #2 at chapter heading for Pas 300)

Pas 305.06 T-Bar, J-Bar, Platter Pull, Chair Lift, Aerial Tramway or Gondola Application for Construction, Relocation, Alteration in Length, or Modification.

(a) For a T-bar, J-bar, platter pull, chair lift, aerial tramway or gondola, an owner or operator shall apply for the board’s approval by submitting a form Pas 3 “Application for New Construction, Alteration in Length, Relocation, or Modification and Registration of T-bar, J-bar, Platter Pull, Chair Lift, Aerial Tramway or Gondola”, revised 1/2022. The board may request additional information for verification of compliance with its rules.

(b) In addition to the application required in (a) 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 rope conducted by the manufacturer or a laboratory;

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

(4) A lift profile drawing showing the rope path, ground profile, maximum snow depths, tower locations, and trail crossing areas; and

(5) A plan view of the installation showing the location of the lift, any buildings, trail crossings, power lines, other lifts, or watercourses.

(c) If any variances are requested, the applicant shall submit with the application a description of any variance to the rules, regulations, and code of the New Hampshire tramway with justification.

Source. #13429-B, eff 8-6-22 (see Revision Note #2 at chapter heading for Pas 300)

Pas 305.07 Notice and Sample Required for All Concrete Pours.

(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; ss by#13429-B, eff 8-6-22 (formerly Pas 305.04)

Pas 305.08 General Acceptance Testing of New Passenger Tramways.

(a) All new passenger tramways shall be subject to an inspection and a running test in accordance with ANSI B77.1-2022 standards effective 2022 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. For fiber rope tows, testing shall be completed by the designer.

(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; ss by#13429-B, eff 8-6-22 (formerly Pas 305.05); ss by #14144-B, eff 12-6-24, EXPIRES: 12-6-34

Pas 305.09 Seven-Year Dynamic Testing of Passenger Tramways.

(a) All aerial tramways shall be dynamically tested at intervals of no greater than 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.

(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; and

(3) A 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; ss by#13429-B, eff 8-6-22 (formerly Pas 305.05); ss by#13429-B, eff 8-6-22 (formerly Pas 305.06)

Pas 305.10 New Installation Operation Restrictions. New installations shall be put into service for use by the general public only after testing and issuance of a registration.

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); ss by#13429-B, eff 8-6-22 (formerly Pas 305.07)

PART Pas 306 PASSENGER TRAMWAY REGISTRATION REQUIREMENTS

Pas 306.01 Initial Registration of a New Construction, Relocated, Altered in Length, or Modified Passenger Tramway.

(a) Prior to initial registration of a new construction, relocated, altered in length, or modified 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, except for fiber rope tows.

(b) 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. #13429-B, eff 8-6-22 (see Revision Note #2 at chapter heading for Pas 300)

Pas 306.02 Initial Registration Requirements for Fiber Rope or Wire Rope Tows.

(a) To register the new construction, relocation, altered in length, or modification of fiber rope tows or wire rope tows, the following shall be submitted to the board along with the form Pas 5 “Tramway Application / Registration Certificate”, revised 1/2022:

(1) Certificate from designer with original signatures and drawings submitted to the board within 30 days of the acceptance test;

(2) Completed acceptance test and inspection;

(3) Wire rope test certificates submitted to the board for the following:

a. Haul rope;

b. Tensioning rope; and

c. Stay ropes;

(4) On-site operations manual;

(5) On-site maintenance manual; and

(6) Documentation that any variances required have been granted.

(b) The operator shall sign the completed Pas 5 form under penalty of unsworn falsification pursuant to RSA 641:3.

Source. #13429-B, eff 8-6-22 (see Revision Note #2 at chapter heading for Pas 300)

Pas 306.03 Initial Registration Requirements for Conveyors or Carousels.

(a) To register the new construction, relocation, altered in length, or modification of conveyors or carousels”, the following shall be submitted to the board along with the form Pas 5 “Tramway Application / Registration Certificate”, revised 1/2022:

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

(2) Completed acceptance test and inspection;

(3) Onsite operations manual;

(4) On-site maintenance manual; and

(5) Documentation that any variances required have been granted.

(b) The operator shall sign the completed Pas 5 form under penalty of unsworn falsification pursuant to RSA 641:3.

Source. #13429-B, eff 8-6-22 (see Revision Note #2 at chapter heading for Pas 300)

Pas 306.04 Initial Registration Requirements for T-Bar, J-Bar, Platter Pull, Chairlift, Aerial Tramway or Gondola.

(a) To register the new construction, relocation, altered in length, or modification and registration of T-bars, J-bars, platterpulls, chairlifts, aerial tramways or gondolas, the following shall be submitted to the board with the form Pas 5 “Tramway Application / Registration Certificate”, revised 1/2022:

(1) 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;

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

(3) Completed acceptance test and inspection;

(4) Completed written evacuation plan and documentation of training;

(5) Rope inspection reports submitted to the board for the following:

a. Haul;

b. Counterweight; and

c. Other wire rope or strand;

(6) On-site operations manual;

(7) On-site maintenance manual, and documentation of all required maintenance; and

(8) Documentation that any variances required have been granted.

(b) The operator shall sign the completed Pas 5 form under penalty of unsworn falsification pursuant to RSA 641:3.

PART Pas 307 OPERATING PERSONNEL

Pas 307.01 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; ss by #13429-B, eff 8-6-22 (formerly Saf-C 306.01) (see Revision Note #2 at chapter heading for Pas 300)

Pas 307.02 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; ss by #13429-B, eff 8-6-22 (formerly Saf-C 306.02) (see Revision Note #2 at chapter heading for Pas 300)

Pas 307.03 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; ss by #13429-B, eff 8-6-22 (formerly Saf-C 306.03) (see Revision Note #2 at chapter heading for Pas 300)

Pas 307.04 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; ss by #13429-B, eff 8-6-22 (formerly Saf-C 306.04) (see Revision Note #2 at chapter heading for Pas 300)

PART Pas 308 REQUIREMENTS ADOPTED BY REFERENCE

Pas 308.01 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 B77.1-2022”, 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 1.9, F.1.10, F.6, F.8, 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” and ” “(i) “A change or replacement of a prime mover motor controller or a change in or replacement of the control system.”;

(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 established 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 5.1.1.5.1, by adding the following to the end of the first paragraph: “The down-coming empty towing devices shall be a minimum of 8 feet (2.44 meters) above the snow surface at any area where persons are permitted to cross the tow path.”;

(14) 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.”;

(15) 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.”;

(16) 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.”;

(17) 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.”;

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

(19) Amend ANSI Annex F.1.2 by adding the following to the third paragraph, “Except in the case of an emergency.”

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; ss by #13429-B, eff 8-6-22 (formerly Saf-C 307.01) (see Revision Note #2 at chapter heading for Pas 300); ss by #14144-B, eff 12-6-24, EXPIRES: 12-6-34

PART Pas 309 EMERGENCY SHUTDOWN

Pas 309.01 Notice. Notice of an emergency shutdown order issued by the board as set forth in RSA 255-A:18-a shall include the following:

(a) Date;

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

(d) Tramway plate number;

(e) Statement of duration of the order;

(f) Signature of board member issuing the order, or his or her agent; and

(g) Affidavit of service, including:

(1) Name of person to whom the order is served;

(2) Date and time of service; and

(3) 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; ss by #13429-B, eff 8-6-22 (formerly Saf-C 308.01) (see Revision Note #2 at chapter heading for Pas 300)

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 - Pas 301.03	RSA 541-A:7
Pas 301.04	RSA 225-A:2, I
Pas 301.05 – Pas 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 - Pas 301.15	RSA 541-A:7
Pas 302.01	RSA 225-A:1; RSA 225-A:3-a
Pas 302.02	RSA 225-A:19
Pas 302.03	RSA 225-A:1; RSA 225-A:8
Pas 302.04	RSA 225-A:8
Pas 302.05	RSA 225-A:10-a
Pas 303.01	RSA 225-A:14
Pas 303.02	RSA 225-A:17; RSA 541-A:8
Pas 303.03	RSA 225-A:16
Pas 303.04	RSA 225-A:25
Pas 303.05	RSA 225-A:17; RSA 225-A:8
Pas 304	RSA 225-A:10
Pas 305.01	RSA 225-A:10-a; RSA 541-A:8
Pas 305.02 - Pas 305.06	RSA 225-A:10-a: RSA 225-A:14; RSA 225-A:15
Pas 305.07	RSA 225-A:10; RSA 225-A:10-a
Pas 305.08	RSA 225-A:10; RSA 225-A:10-a
Pas 305.09	RSA 225-A:10; RSA 225-A:10-a
Pas 305.10	RSA 225-A:10; RSA 225-A:14
Pas 306.01	RSA 225-A:10-a; RSA 225-A:15
Pas 306.02 - Pas 306.04	RSA 225-A:8; RSA 225-A:10-a; RSA 225-A:15
Pas 307	RSA 225-A:8;
Pas 308	RSA 541-A:8; RSA 225-A:8
Pas 309	RSA 225-A:18-a

APPENDIX B

Rule

Title

Obtain at:

Pas 204.11

“American National Standard for Passenger Ropeways – Aerial Tramways, Aerial Lifts, Surface Lifts, Tows and Conveyors – Safety Requirements (ANSI B77.1-2022)”, dated 2022

American National Standards Institute (ANSI)

Attn: Customer Service Department

25 W. 43^rd Street, 4^th 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

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

Pas 305.08(a);

Pas 308.01(a) &(b)

“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. 43^rd Street, 4^th 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