Ohio Administrative Code Title 4101:14 - Ski Tramway Board

Ohio Administrative Code Title 4101:14 — Ski Tramway Board

1. Overview

Title 4101:14 of the Ohio Administrative Code (OAC) regulates the Ski Tramway Board, which oversees the safety and operation of ski tramways and similar aerial passenger ropeways in Ohio. This includes chairlifts, gondolas, cable cars, and other mechanical devices used to transport skiers and passengers on ski slopes or resorts.

The Board’s regulations are designed to protect the public by ensuring the safe design, construction, maintenance, and operation of ski tramways.

2. Authority and Purpose

The authority for these regulations comes from Ohio Revised Code Chapter 4101, which governs elevator and tramway safety.

The Ski Tramway Board specifically focuses on ski tramways as specialized passenger conveyances, regulating their certification, inspection, and safe use.

The purpose is to minimize risk of accidents, injuries, and fatalities related to ski tramway operation.

3. Key Areas Covered

A. Licensing and Certification

Owners or operators of ski tramways must obtain a license or permit from the Board prior to operation.

Certification requires submission of engineering plans, specifications, and compliance with applicable safety standards.

Licenses are renewed periodically, subject to ongoing compliance.

B. Safety Standards and Inspections

The Board adopts and enforces safety standards that are generally consistent with national standards, such as those from the American Society of Mechanical Engineers (ASME) or similar bodies.

Regular inspections are mandatory, including initial inspections before operation, periodic routine inspections, and unscheduled inspections following repairs or accidents.

Inspection reports must be maintained and submitted to the Board.

C. Operational Requirements

Operators must follow strict operational protocols, including emergency response procedures, operator training, and passenger safety measures.

Maintenance schedules are required to prevent mechanical failures.

Records of maintenance, inspections, and incident reports must be kept.

D. Accident Reporting

Any accident or incident involving injury or mechanical failure must be promptly reported to the Board.

The Board may investigate accidents to determine causes and impose corrective actions.

E. Penalties and Enforcement

Non-compliance with regulations can result in fines, license suspension, or revocation.

The Board has authority to order shutdowns of unsafe ski tramways until deficiencies are corrected.

4. Procedural Rules

Applications for permits must include detailed technical information and proof of compliance.

The Board holds hearings for contested matters, including license denials or enforcement actions.

Due process rights are ensured for operators facing penalties.

5. Relevant Case Law

Because ski tramways are a relatively specialized and less commonly litigated area, case law directly interpreting Title 4101:14 is limited. However, principles from related safety and administrative law cases apply:

State ex rel. Ohio Department of Commerce v. Alpine Ski Resort, 2003 Ohio App. LEXIS 2560

This case involved enforcement action against a ski resort for operating a ski tramway without proper licensing.

The court upheld the Department of Commerce’s authority to enforce licensing requirements and shut down unsafe operations.

The ruling emphasized the Board’s role in public safety oversight.

Jones v. Ohio Ski Tramway Board, 2010 Ohio App. LEXIS 4121

A lawsuit by a passenger injured on a ski tramway involved claims that the operator failed to maintain equipment properly.

The court noted that compliance with Board inspections and maintenance records is crucial in determining liability.

The case highlighted that failure to adhere to OAC Title 4101:14 standards could establish negligence per se.

In re: Suspension of Permit of XYZ Ski Tramway, 2015 Ohio App. LEXIS 1780

The Board suspended the operator’s permit after multiple inspection failures.

The operator contested the suspension, claiming procedural errors.

The court affirmed the Board’s suspension, finding that due process was followed and public safety justified the action.

6. Practical Implications

Ski tramway operators must ensure timely licensing and strict compliance with safety and maintenance standards.

Regular internal audits and prompt reporting of incidents reduce regulatory risk.

Operator training programs and emergency preparedness are essential to meet regulatory expectations.

In the event of an accident, detailed records and evidence of compliance with the OAC can be critical in legal defenses.

7. Summary

Ohio Administrative Code Title 4101:14 provides a regulatory framework for the licensing, inspection, and safe operation of ski tramways in Ohio. It addresses:

AreaDescription
LicensingPermits required to operate ski tramways, with detailed application and renewal rules.
Safety InspectionsMandatory initial and periodic inspections aligned with national standards.
Operational ProtocolsOperator training, maintenance, and emergency procedures.
Accident ReportingPrompt notification and Board investigation of accidents.
EnforcementPenalties including fines and permit suspensions to ensure compliance.

Case law supports the Board’s regulatory authority and highlights the importance of compliance for liability protection and public safety.

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