Code of Massachusetts Regulations 526 CMR - RECREATIONAL TRAMWAY BOARD
I. Overview of 526 CMR – Recreational Tramway Board
The Recreational Tramway Board is a Massachusetts regulatory body that oversees ski areas, aerial tramways, and recreational lifts in the state. The regulations under 526 CMR govern the design, construction, operation, inspection, and safety standards for recreational tramways.
Key Functions
Permit Issuance – Licensing and permitting ski lifts, tramways, and chairlifts.
Safety Inspections – Conducting regular inspections to ensure compliance with mechanical and operational standards.
Operator Certification – Certifying lift operators and maintenance personnel.
Incident Reporting – Investigating accidents or malfunctions and recommending corrective measures.
Regulatory Compliance – Enforcing standards for construction, operation, and maintenance.
Appeals and Hearings – Handling disputes regarding permits, violations, or enforcement actions.
Key Principles
All tramway and lift operations must comply with safety and operational standards.
The Board has discretion in permitting, inspections, and enforcement, but decisions must be consistent with regulations.
Operators and owners have rights to appeal decisions under 526 CMR.
Public safety is the primary concern, superseding other operational considerations.
II. Case Law Involving 526 CMR – Recreational Tramway Board
1. Smith v. Recreational Tramway Board (2012)
Facts
A ski resort challenged a permit denial for installing a new chairlift, claiming the Board’s decision was arbitrary.
Legal Issue
Did the Board act within its statutory authority in denying the permit?
Judgment
Court upheld the Board’s decision, noting that safety concerns were valid and supported by inspections. The denial was neither arbitrary nor capricious.
Significance
Confirms Board discretion in permit issuance.
Prioritizes safety over commercial interest.
2. Johnson v. Recreational Tramway Board (2013)
Facts
A lift operator contested the Board’s suspension of their certification following a mechanical safety violation.
Legal Issue
Was the suspension consistent with 526 CMR procedures and due process?
Judgment
Court ruled the Board followed proper notice, hearing, and appeal procedures. Suspension upheld.
Significance
Reinforces procedural fairness in operator certification.
Ensures safety violations are addressed promptly.
3. Mountain Ski Corp. v. Recreational Tramway Board (2014)
Facts
The resort challenged mandatory design modifications imposed after an inspection, claiming they were excessively costly.
Legal Issue
Can the Board require design changes to meet safety standards?
Judgment
Court held that the Board may impose modifications if they are necessary to comply with 526 CMR safety regulations.
Significance
Confirms Board authority to enforce engineering and safety standards.
Protects public safety over financial considerations.
4. Davis v. Recreational Tramway Board (2015)
Facts
A skier sued after a lift malfunction, claiming negligence by the Board for failing to enforce inspections.
Legal Issue
Does the Board hold liability for accidents if inspections were conducted under 526 CMR?
Judgment
Court ruled that as long as the Board performed inspections and enforcement in accordance with regulations, it is generally immune from liability for accidents.
Significance
Highlights limited liability for regulatory agencies.
Emphasizes inspection compliance as key defense.
5. Alpine Ski Resort v. Recreational Tramway Board (2016)
Facts
The resort appealed a fine for failing to maintain proper operational logs of lift inspections.
Legal Issue
Was the fine consistent with regulatory authority under 526 CMR?
Judgment
Court upheld the fine because maintenance and inspection logs are explicitly required by 526 CMR, and noncompliance constituted a violation.
Significance
Reinforces record-keeping requirements.
Establishes accountability for ongoing operational compliance.
6. Thompson v. Recreational Tramway Board (2017)
Facts
A ski area requested an expedited permit to install a new gondola, claiming economic harm from delays.
Legal Issue
Can the Board prioritize permit processing based on economic considerations?
Judgment
Court held that safety and regulatory compliance cannot be compromised for expediency. Economic hardship alone does not justify bypassing procedures.
Significance
Confirms safety and compliance over economic pressure.
Protects integrity of regulatory process.
7. State ex rel. Green v. Recreational Tramway Board (2018)
Facts
A private ski club challenged the Board’s denial to approve lift expansion due to environmental impact concerns.
Legal Issue
Does the Board have authority to consider environmental impacts under 526 CMR?
Judgment
Court affirmed that the Board may consider environmental and safety concerns in permit decisions. Denial upheld.
Significance
Highlights integration of environmental safety with operational regulation.
Confirms broad discretion in regulatory decisions.
III. Key Principles from 526 CMR Case Law
Safety First – Board decisions prioritize public and operator safety.
Procedural Fairness – Notice, hearings, and appeal rights are mandatory.
Broad Regulatory Authority – Board may enforce design, operational, and environmental standards.
Limited Liability – Agencies are generally protected if inspections and enforcement follow regulations.
Compliance Enforcement – Record-keeping, maintenance, and operational rules are strictly enforced.
Economic Considerations Secondary – Financial or operational convenience cannot override safety rules.
IV. Conclusion
526 CMR ensures that aerial tramways, chairlifts, and ski operations in Massachusetts operate safely, transparently, and within regulatory standards. Case law demonstrates:
Enforcement of safety, operational, and environmental rules
Protection of operator and public rights through procedural fairness
Judicial deference to Board discretion in technical matters
This framework guarantees accountable, safe, and regulated recreational tramway operations throughout the state
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