Interpretation

  In these rules, unless the context otherwise requires:

"Act" means the Railway Act, R.S.B.C. 1996, c. 395;

"aerial tramway" means any type of transportation employing the use of cables as a means of transportation, except vertical elevators;

"annual inspection" means an inspection of an aerial tramway made by an inspector to determine that the components and systems of the aerial tramway are in proper working order and are being maintained, inspected and tested in accordance with this regulation;

"certificate" means a certificate of inspection made by an inspector;

"chairlift" means any type of aerial tramway on which passengers are transported on chairs attached to a moving rope;

"inspector" means an Inspecting Engineer appointed pursuant to the Railway Act or the Public Service Act;

"operating inspection" means an inspection of an aerial tramway made by an inspector to determine compliance with this regulation respecting the operation of the aerial tramway including, without limitation, training of operators (attendants), performance of inspections and maintenance by the owner, features for public safety, the keeping of records by the owner and the carrying out of directions given by an inspector;

"owner" means any person, firm or corporation in possession of an aerial tramway and includes the manager or other chief officer of such firm or corporation;

"passenger" means any person who uses, or intends to use, any ski lift;

"ski area operator" means any person or partnership, corporation or other commercial entity and their agents, officers, employees or representatives, who has operational responsibility for any ski area or ski lifts;

"skier" means any person present in a ski area under the control of a ski area operator for the purpose of engaging in the sport of skiing;

"ski lift" means any device to transport skiers or non-skiing passengers uphill and/or downhill, at a ski area, and shall include chairlifts, gondola lifts and rope tows as defined by the National Standard of Canada CAN3-Z98-M78 Passenger Ropeways and "surface lift" as defined herein;

"ski tow" means any type of aerial tramway or rope tow which pulls skiers on skis;

"special inspection" means an inspection of an aerial tramway made by an inspector

(a) at the request of the owner, or as the inspector considers necessary, following an incident involving an aerial tramway or a modification or repair to an aerial tramway or to witness a load test, or

(b) as required by this regulation;

"surface lift" means a rope tow, J-bar lift, T-bar lift, platter lift or similar devices, as defined by the National Standard of Canada CAN3-Z98-M78 Passenger Ropeways.

[am. B.C. Regs. 285/88, s. 1; 40/91, s. 8; 27/94, s. 1.]

 Extent of application

1  These rules and regulations shall govern the operation of all aerial tramways under the legislative authority of the Province of British Columbia.

 Company responsibility

2  Every aerial tramway company will be held responsible for the general condition of all aerial tramways under its control.

 Management, repair, inspection and testing

3  The manager or officer in charge at each tramway will be held responsible for the proper maintenance of all appurtenances under his jurisdiction. He must know that all defects disclosed by any inspection are properly repaired before the aerial tramway is returned to service. Each tramway company shall appoint a practical and experienced person to carry out repairs, inspections and tests of the aerial tramway operated by the company. The safe load factors for each aerial tramway shall be fixed by the Chief Inspecting Engineer of the ministry after full consideration has been given to the design, workmanship, age and condition.

 Inspection and acceptance test

4  Every aerial tramway must have a special inspection and submit to an acceptance test before it is commissioned for the carriage of traffic, and an inspector's report must record the results of the inspection and test.

[en. B.C. Reg. 27/94, s. 2.]

 Inspection after 2 years of disuse

5  (1)  An aerial tramway that has not been used for the carriage of traffic for 2 or more consecutive years must have a special inspection and an inspector may, as a part of the special inspection, order a load test.

(2)  For the purposes of subsection (1), an aerial tramway that receives an annual inspection is considered to have been operated for the carriage of traffic during the calendar year.

[en. B.C. Reg. 27/94, s. 2.]

 Reporting of defects

6  Every maintenance supervisor must inform an inspector of any defects that the supervisor knows or believes exist in an aerial tramway under the care and control of the supervisor.

[en. B.C. Reg. 27/94, s. 2.]

 Inspector may examine tramway and records

7  An inspector has the right, at all reasonable hours, to examine the aerial tramway and the records and drawings of the owner that pertain to the operation and maintenance of the aerial tramway.

[en. B.C. Reg. 27/94, s. 2.]

 Inspector may require information

8  In order to determine the adequacy of a component or a group of components, an inspector may require that information respecting drawings, specifications, tests or inspection reports be provided by qualified persons.

[en. B.C. Reg. 27/94, s. 2.]

 Inspector may order removal of component for examination

9  An inspector may order that a component of a passenger aerial tramway be removed for examination in order to satisfy the inspector as to its condition.

[en. B.C. Reg. 27/94, s. 2.]

 Inspector may order traffic stopped

10  An inspector may order that the carriage of traffic be discontinued until the inspector is satisfied that the aerial tramway is reasonably free from danger to persons operating or using it.

[en. B.C. Reg. 27/94, s. 2.]

 Records to be kept on site

11  All records and logs required by CSA Standard CAN/CSA-Z98-M91 must be kept on site and made available to an inspector on request.

[en. B.C. Reg. 27/94, s. 2.]

 Annual inspection

12  (1)  Every operating aerial tramway must have an annual inspection at least once in each calendar year, and an inspector's report must record the results of the inspection.

(2)  The date of the annual inspection under subsection (1) must be established by agreement between an inspector and the owner.

(3)  If the owner cancels the annual inspection or fails to have the aerial tramway operable for the annual inspection, the aerial tramway must have a special inspection.

[en. B.C. Reg. 27/94, s. 2.]

 Certificate of inspection

13  (1)  An owner that operates an aerial tramway must not carry traffic on the aerial tramway without a valid certificate.

(2)  An inspector must, on payment by the owner of the applicable fee set out in section 17, issue a certificate for each passenger aerial tramway that, after an annual inspection or a special inspection, is found to be reasonably free from danger to persons operating or using it.

(3)  Unless otherwise stated on a certificate of annual inspection, the certificate is valid until the earlier of

(a) December 31 of the year following the year in which the certificate was issued, and

(b) the issuance of a subsequent certificate for the same aerial tramway.

(4)  The currently valid certificate of annual inspection must be displayed in a place open to public view.

[en. B.C. Reg. 27/94, s. 2.]

 Conditions of a certificate

14  (1)  A certificate of annual inspection may impose conditions on an owner including restrictions on the operation of the aerial tramway.

(2)  The inspector's report made under section 12 (1) is considered to be a part of the certificate.

(3)  A suspension of operations ordered by an inspector remains in effect until the inspector is satisfied that the aerial tramway is reasonably free from danger to persons operating or using it.

[en. B.C. Reg. 27/94, s. 2.]

 Operating inspection

15  An operating inspection may be conducted at any time at the discretion of an inspector.

[en. B.C. Reg. 27/94, s. 2.]

 Compliance with inspector's directions

16  If an inspector has issued an order or direction, the owner must report to the inspector when it has complied with the order or direction.

[en. B.C. Reg. 27/94, s. 2.]

 Fees

17  Fees for the issuance of a certificate for each aerial tramway shall be payable to the Minister of Finance and Corporate Relations, care of the Chief Inspecting Engineer, by the owner of each aerial tramway in accordance with the following table:

[am. B.C. Regs. 172/87, s. 6 (a); 27/94, s. 3.]

 Fees for further inspection or advice

18  In cases of defects requiring repairs that render another inspection necessary within the year, or when an Inspecting Engineer acts in an advisory capacity, a fee of $200 per day and expenses will be charged.

[am. B.C. Reg. 172/87, s. 6 (b).]

 Route map

19  The company shall prepare and submit to the minister, in duplicate, a map showing the general location of the proposed aerial tramway, places through which the tramway is to pass, giving the names thereof, and railways, navigable streams, and tidewaters (if any) to be crossed by said aerial tramway. Such map shall be prepared on a scale of not less than 200 feet to the inch, or upon other such appropriate scale as the minister may determine, and shall be accompanied by an application in duplicate, requesting the minister's approval of the general location as shown on the said map. Such map shall be signed by the president, vice president or general manager of the company.

 Location plan and profile

20  (1)  After the minister approves the map described in Rule 19, the company shall make a location plan and profile of the aerial tramway signed by

(a) the president of the company or the vice president or general manager of the company, and

(b) the British Columbia Professional Engineer or B.C. Land Surveyor employed by the company to make the location plan and profile.

(2)  The location plan shall show

(a) contours,

(b) the location of the aerial tramway,

(c) the terminals of the aerial tramway,

(d) the towers of the aerial tramway,

(e) the watercourses, highways, roads, railway and other utility crossings proposed to be crossed or affected by the aerial tramway, and

(f) bearings and chainage.

(3)  The profile, which may be included on the location plan, shall show

(a) the location of the aerial tramway,

(b) the terminals of the aerial tramway,

(c) the towers of the aerial tramway,

(d) the watercourses, highways, roads, railways and other utility crossings proposed to be crossed or affected by the aerial tramway, and

(e) elevations and chainage.

(4)  The datum to be used where possible shall be sea level.

(5)  The scale for the location plan shall not be more than 200 feet to the inch.

(6)  The horizontal scale and the vertical scale in the profile shall be the same.

(7)  The scale for the profile shall not be more than 60 feet to the inch.

(8)  The profile shall be prepared from a closing survey and shall include pertinent field notes.

(9)  The profile drawing and field notes shall be signed and dated by the British Columbia Land Surveyor or British Columbia Professional Engineer who made the closing survey and prepared the field notes.

 No construction until approval of plans and profiles by minister

21  The company shall not commence construction of the aerial tramway or of any section or portion thereof until the plans and profiles described in the last preceding sections have been submitted to and sanctioned by the minister.

 Prints and plans may be made after approval affixed

22  When necessary prints of plans and profiles will be made from the tracing after the minister's approval has been affixed thereto.

 Terminals and intermediate towers

23  Detail plans and cross sections shall be submitted to the Chief Inspecting Engineer for wooden or steel terminals and intermediate towers. Such plans shall show the proposed type of construction, including dimensions of material in substructure and superstructure. The location and foundations showing the proposed type of construction, including dimensions of material in substructure and superstructure, shall also be shown on the plan.

 Approval of appliances and appurtenances

24  Working drawings of all mechanical details and appurtenances with respect to the construction, modification and operation of the aerial tramway shall be submitted in duplicate to the inspector. The as built drawings and technical specifications must be provided and accepted for filing by an inspector prior to the inspection or acceptance test.

[en. B.C. Reg. 95/2002, s. 1.]

 Wire ropes and cables

25  (1)  A manufacturer's certificate, properly signed and notarized shall be submitted to the Chief Inspecting Engineer for every travelling or track wire rope on which passengers are carried or upon which depends the safety of any aerial tramway operation. Such certificate shall show the specification of material used in the wire which the rope is manufactured, the tensile strength of the wire, the ultimate strength of the rope, the lay and type of construction used in the rope and all other pertinent data with respect thereto.

(2)  The ultimate strength shall be established by a pull test to destruction of a specimen cut from the length of rope to be installed; an approved testing agency shall supply a certificate of such test stating also the manner and location of a break.

(3)  To provide a reference standard, all haul ropes and track ropes (except as noted below) shall, prior to performance of the tramway acceptance test, be examined by an electromagnetic testing apparatus or other approved non-destructive testing system. The cable shall be so tested after being permanently installed and, where practical, after being subjected to one day of continuous operation. (Exempted from this requirement are haul ropes on T-Bars, and on all devices whereby passengers are at all times in contact with the ground or the snow.)

 Standard code to govern aerial tramways

26  Except as otherwise provided in this regulation, the standard governing the design, manufacture, construction, modification, testing, operation, maintenance and inspection of aerial tramways (also referred to as passenger ropeways) and appurtenances to them shall be CSA Standard CAN/CSA Z98-01 Passenger Ropeways and Conveyors and CSA supplement CAN/CSA Z98S1-02. Appendices A, B, C, D, E, F, G, H, J and K of the Standard are mandatory.

[en. B.C. Reg. 264/2003.]

 Training of attendants

27  Attendants shall be properly trained as to the handling of the public and operating the apparatus and shall have written an examination as to their general knowledge of the rules and the proper handling of the public and the company shall have on file written evidence that the foregoing has been complied with.

 Responsibility for posting and maintaining signs

28  A ski area operator shall be responsible for posting and maintaining all signs required by the Railway Act, the regulations made pursuant to it, and the standard set out in section 26.

[en. B.C. Reg. 285/88, s. 3.]

 Passengers presumed to understand signs

29  Evidence that signs required by section 28 were present at the beginning of the ski lift operation on any given day raises a presumption that all passengers using said devices have seen and understood said signs.

 No use without ability and understanding

30  No passenger shall use a ski lift if he does not have sufficient physical dexterity, ability and knowledge to negotiate or use such facility safely or until such passenger has asked for and received information sufficient to enable him to use the equipment safely. A passenger is required to follow any written or verbal instructions that are given to him regarding the use of ski lifts.

 Rules of use for passengers

31  No passenger shall

(a) embark upon or disembark from a ski lift except at a designated area,

(b) throw, expel or drop any object from any ski lift while riding on such device, except as permitted by the operator,

(c) act, while riding on a ski lift, in any manner that may interfere with proper or safe operation of such ski lift,

(d) engage in any type of conduct that may contribute to or cause injury to any person,

(e) place in an uphill track of a surface lift any object that could cause another skier to fall,

(f) embark upon a ski lift marked as closed, or

(g) disobey any instructions posted in accordance with this Act or any verbal instructions by the ski area operator regarding the proper or safe use of a ski lift unless such verbal instructions are contrary to this Act.

 Disembarkation

32  Passengers shall clear the unloading area immediately upon disembarkation from a ski lift.

 Crossing uphill track of surface lift

33  A skier shall not cross the uphill track of a surface lift except at locations designated by the operator and then only crossing in such a manner as to avoid collision with passengers and the surface lift itself.

 Impairment by drugs or alcohol

34  A passenger shall not enter the marshalling area or move uphill on any ski lift when his ability to do so is impaired by the consumption of alcohol or by the use of any narcotic or other drug.

 Compliance with electrical safety regulations

35  Except as otherwise provided, all electrical wiring on an apparatus shall comply with the current regulations as set forth under the Electrical Safety Act.

[am. B.C. Reg. 27/94, s. 4.]

 Upper and lower terminals

36  The upper and lower terminal of every aerial tramway shall be equipped with at least one approved type fire extinguisher, properly maintained.

 Engine and motor rooms

37  Engine rooms and motor rooms in conjunction with aerial tramway drives shall be equipped with at least one approved type fire extinguisher, properly maintained.

 Company may make bylaws and rules

38  The company may, subject to the provisions and restrictions of the Railway Act, make bylaws, rules or regulations with respect to the operation of its aerial tramways.

 Penalty for known unsafe construction or repairs

39  Any person who constructs an aerial tramway, or any part of an aerial tramway, or who makes any repairs to same, such construction or repairs being known to be defective, shall be liable to a penalty of not exceeding $300.

 Penalty for operation of uncertified tramway

40  Any person operating an aerial tramway, as well as the owner or lessee thereof, in case the same is being operated with his consent, without there being an unexpired certificate of inspection thereof, shall be liable to a penalty of $100 a day for each and every day that he shall operate such uncertified aerial tramway, except in such cases where the owner has made a request in writing to an inspector to have such aerial tramway examined, but for good and valid reasons such inspection has not been made.

 Penalty for operation of unsafe tramway

41  It shall be the duty of any person operating or owning any aerial tramway pronounced by the inspector as unsafe to cease to use the same until such repairs as are indicated by the inspector are made, and in case of failure to comply with the requirements of the inspector, the person owning or leasing, as well as the person operating any such aerial tramway shall be liable to a penalty of not less than $300 and shall also be liable for any damage to person or property resulting therefrom.

 Offence against regulations

42  Every company guilty of an infraction of any of these rules, or failure to discharge any duty imposed upon it by any of these rules, shall be liable pursuant to Part 45 of the Railway Act.

[am. B.C. Reg. 285/88, s. 4.]