§ 867. Safety in skiing code. 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.