2023 New York Laws › GOB - General Obligations › Article 18 - Safety in Skiing Code › 18-103 - Duties of Ski Area Operators.

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