Section 867. Safety in skiing code  


Latest version.
  • 1. The commissioner, on the advice of
      the passenger tramway advisory council as created  pursuant  to  section
      twelve-c  of  this  chapter,  shall  promulgate  rules  and regulations,
      consistent  with  article  eighteen  of  the  general  obligations  law,
      intended  to  guard  against  personal injuries to downhill skiers which
      will, in view of such intent, define the duties and responsibilities  of
      downhill  skiers  and  the  duties  and  responsibilities  of  ski  area
      operators.
        2. The commissioner shall enforce all the provisions of  this  article
      and  the  regulations  adopted pursuant hereto and may issue such orders
      against any entity, public or private, as he finds necessary,  directing
      compliance  with  any provision of this article or such regulations. The
      commissioner may also investigate any fatality or injury resulting in  a
      fatality at a ski area.
        3.   The   passenger   tramway  advisory  council  shall  conduct  any
      investigation necessary to carry out the provisions of this article.
        4.  The  passenger  tramway  advisory  council  shall  conduct  public
      hearings  on any rules and regulations proposed under this section prior
      to  their  promulgation  by  the  commissioner.  The  passenger  tramway
      advisory  council  shall  fix a time and place for each such hearing and
      cause such notice as it may deem appropriate to be given to  the  public
      and  news  media  prior  to  such  a hearing. Testimony may be taken and
      evidence received at such a hearing pursuant to procedures prescribed by
      the passenger tramway advisory council.
        5.  Upon  advice  of  the  passenger  tramway  advisory  council,  the
      commission  shall,  on  the  fifteenth  day  of  March, nineteen hundred
      eighty-nine, promulgate rules which shall set forth  specifications  for
      the  uniform  textual  and  graphic  content,  physical description, and
      conspicuous posting  of  a  "Warning  to  Skiers"  regarding  the  risks
      inherent  in  the  sport  as  set forth in section 18-101 of the general
      obligations law, which shall be posted and provided  to  skiers  by  ski
      areas  operators in accordance with subdivision one of section 18-106 of
      the general obligations law, and shall promulgate rules which shall  set
      forth  textual  and  graphic  specifications designed to occupy not more
      than twenty-five percent of the imprintable surface  area  of  the  face
      side nor more than eighty percent of the imprintable surface area of the
      reverse side or backing paper of all lift tickets sold or distributed in
      the  state, as defined by section 18-102 of the general obligations law,
      which shall uniformly serve to direct the attention of all skiers to the
      "Warning to Skiers" herein directed to be promulgated  and  required  by
      section 18-106 of the general obligations law.