§ 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.