§ 18-103 — Duties of ski area operators

New York § 18-103

• Jurisdiction: New York
• Law GOB: General Obligations
• Art. 18: Safety In Skiing Code

Text

§ 18-103. Duties of ski area operators. Every ski area operator shall\nhave the following duties:\n 1. To equip all trail maintenance vehicles with such warning\nimplements or devices as shall be specified by the commissioner of labor\npursuant to section eight hundred sixty-seven of the labor law. Such\nimplements or devices shall be present and operating whenever the\nvehicle is within the borders of any slope or trail.\n 2. To post in a location likely to be seen by all skiers signs of such\nsize and color as will enable skiers to have knowledge of their\nresponsibilities under this article.\n 3. To hold employee training sessions at least once before the\nbeginning of each season, the contents of which shall be specified by\nthe commissioner of labor upon the recommendation of the passenger\ntramway advisory council, as follows:\n a. for operators of trail maintenance equipment concerning the safe\noperation of such vehicles in the ski area;\n b. for passenger tramway attendants concerning the safe operation of\npassenger tramways;\n c. for ski personnel charged with the responsibility of evacuating\npassengers from passenger tramways concerning proper evacuation\ntechniques; and\n d. for all other personnel charged with on-mountain maintenance,\ninspection or patrol duties as to methods to be used for summoning aid\nin emergencies.\n 4. To conspicuously mark with such implements as may be specified by\nthe commissioner of labor pursuant to section eight hundred sixty-seven\nof the labor law, the location of such man-made obstructions as, but not\nlimited to, snow-making equipment, electrical outlets, timing equipment,\nstanchions, pipes, or storage areas that are within the borders of the\ndesignated slope or trail, when the top of such obstruction is less than\nsix feet above snow level.\n 5. To maintain in a central location at the ski area an information\nboard or boards showing at a minimum the following:\n a. the location of tramways, slopes or trails;\n b. the status of each trail--open or closed;\n c. the location of emergency communications or medical equipment and\nsites designated by the ski area operator for receipt of notice from\nskiers pursuant to subdivision thirteen of this section;\n d. the relative degree of difficulty of each slope or trail (at a\nminimum easier, more difficult, most difficult); and\n e. the general surface condition of each slope and trail as most\nrecently recorded in the log required to be maintained by subdivision\nsix of this section.\n 6. To inspect each open slope or trail that is open to the public\nwithin the ski area at least twice a day, and enter the results of such\ninspection in a log which shall be available for examination by the\ncommissioner of labor. The log shall note:\n a. the general surface conditions of such trail at the time of\ninspection (powder, packed powder, frozen granular, icy patches or icy\nsurface, bare spots or other surface conditions);\n b. the time of inspection and the name of the inspector;\n c. the existence of any obstacles or hazards other than those which\nmay arise from:\n (i) skier use;\n (ii) weather variations including freezing and thawing; or\n (iii) mechanical failure of snow grooming or emergency equipment which\nmay position such equipment within the borders of a slope or trail.\n 7. To develop and maintain a written policy consistent with the\nregulations of the commissioner of labor upon the advice of the\npassenger tramway advisory council for situations involving the reckless\nconduct of skiers, which shall include, but not be limited to:\n a. a definition of reckless conduct; and\n b. procedures for approaching and warning skiers of reckless conduct\nand procedures for dealing with such skiers which may include the\nrevocation of the lift tickets of such skiers.\n 8. To designate personnel to implement the ski area's policy on\nreckless conduct.\n 9. To report to the commissioner of labor by telephone within\ntwenty-four hours any fatality or injury resulting in a fatality at the\nski area.\n 10. To conspicuously post and maintain such ski area signage,\nincluding appropriate signage at the top of affected ski slopes and\ntrails, notice of maintenance activities and for passenger tramways as\nshall be specified by the commissioner of labor pursuant to section two\nhundred two-c or eight hundred sixty-seven of the labor law.\n 11. To post in a conspicuous location at each lift line a sign, which\nshall indicate the degree of difficulty of trails served by that lift\nwith signs as shall be specified by the commissioner of labor pursuant\nto section two hundred two-c or eight hundred sixty-seven of the labor\nlaw.\n 12. To ensure that lift towers located within the boundaries of any\nski slope or trail are padded or otherwise protected and that no\nprotruding metal or wood objects, such as ladders or steps, shall be\ninstalled on the uphill or side portion of lift towers within the\nborders of a ski slope or trail, unless such objects are below the snow\nline, at least six feet above it, or padded or otherwise protected with\nsuch devices as, but not limited to, the following:\n a. commercially available tower padding;\n b. air or foam filled bags;\n c. hay bales encased in a waterproof cover; or\n d. soft rope nets properly spaced from the tower.\n 13. To, within a reasonable amount of time after the inspection\nrequired by subdivision six of this section, conspicuously mark with\nsuch implements as may be specified by the commissioner of labor\npursuant to section eight hundred sixty-seven of the labor law and to\nprovide sufficient warning to skiers by such marking or remove such\nobstacles or hazards which are located within the boundaries of any ski\nslope or trail and were noted pursuant to paragraph c of subdivision six\nof this section; and to also conspicuously mark with such implements and\nprovide such warning or remove such obstacles or hazards within a\nreasonable amount of time after receipt of notice by the ski area\noperator from any skier as to the presence of such obstacles or hazards\nwhen notice is given at sites designated by the ski area operator for\nsuch receipt and the locations of which are made known to skiers\npursuant to paragraph c of subdivision five of this section.\n 14. To have present at all times when skiing activity is in progress,\nindividuals properly and appropriately trained for the safe operation of\non-slope vehicles; trail maintenance equipment; tramways; tramway\nevacuations; implementation of the reckless skier policy; first aid and\noutdoor rescue; and, to have present according to a schedule posted for\naccess by skiers, by the ski area operator, personnel appropriately\ntrained in the instruction of skiers and passengers in methods of risk\nreduction while using ski slopes and passenger tramways and the\ninstruction of skiers with respect to the risks inherent in the sport.\n