§ 99C-2. Duties of ski area operators and skiers. - North Carolina Statutes

§ 99C‑2.  Duties of skiarea operators and skiers.

(a)        A ski area operatorshall be responsible for the maintenance and safe operation of any passengertramway in his ski area and insure that such is in conformity with the rulesand regulations prescribed and adopted by the North Carolina Department ofLabor pursuant to G.S. 95‑120(1) as such appear in the North CarolinaAdministrative Procedures Act. The North Carolina Department of Labor shallconduct certifications and inspections of passenger tramways.

A ski area operator'sresponsibility regarding passenger tramways shall include, but is not limitedto, insuring operating personnel are adequately trained and are adequate innumber; meeting all standards set forth for terminals, stations, line structures,and line equipment; meeting all rules and regulations regarding the safeoperation and maintenance of all passenger lifts and tramways, including allnecessary inspections and record keeping.

(b)        A skier shall havethe following responsibilities:

(1)        To know the range ofthe skier's abilities to negotiate any ski slope or trail and to ski within thelimits of such ability;

(2)        To maintain controlof the skier's speed and course at all times when skiing and to maintain aproper lookout so as to be able to avoid other skiers and obvious hazards andinherent risks, including variations in terrain, snow, or ice conditions, barespots and rocks, trees and other forms of forest growth or forest debris;

(3)        To stay clear ofsnow grooming equipment, all vehicles, pole lines, lift towers, signs,snowmaking equipment, and any other equipment on the ski slopes and trails;

(4)        To heed all postedinformation and other warnings and to refrain from acting in a manner which maycause or contribute to the injury of the skier or others;

(5)        To wear retentionstraps, ski brakes, or other devices to prevent runaway skis or snowboards;

(6)        Before beginning toski from a stationary position or before entering a ski slope or trail from theside, to avoid moving skiers already on the ski slope or trail;

(7)        To not move uphillon any passenger tramway or use any ski slope or trail while such person'sability to do so is impaired by the consumption of alcohol or by the use of anynarcotic or other drug or while such person is under the influence of alcoholor any narcotic or any drug;

(8)        If involved in acollision with another skier or person, to not leave the vicinity of thecollision before giving his name and current address to an employee of the skiarea operator, a member of the ski patrol, or the other skier or person withwhom the skier collided, except in those cases when medical treatment isrequired; in which case, said information shall be provided as soon aspractical after the medical treatment has been obtained. If the other personinvolved in the collision is unknown, the skier shall leave the personalidentification required by this subsection with the ski area operator;

(9)        Not to embark uponor disembark from a passenger tramway except at an area that is designated forsuch purpose;

(10)      Not to throw or expelany object from a passenger tramway;

(11)      Not to perform anyaction that interferes with the operation or running of a passenger tramway;

(12)      Not to use suchtramway unless the skier has the ability to use it with reasonable safety;

(13)      Not to engagewillfully or negligently in any type conduct that contributes to or causesinjury to another person or his properties;

(14)      Not to embark upon apassenger tramway without the authority of the ski area operator;

(15)      If using freestyleterrain, to know the range of the skier's abilities to negotiate the terrainand to avoid conditions and obstacles beyond the limits of such ability that avisible inspection should have revealed.

(c)        A ski area operatorshall have the following responsibilities:

(1)        To mark all trailsand maintenance vehicles and to furnish such vehicles with flashing or rotatinglights that shall be in operation whenever the vehicles are working or movingin the ski area;

(2)        To mark with avisible sign or other warning implement the location of any hydrant or similarequipment that is used in snowmaking operations and located anywhere in the skiarea;

(3)        To indicate therelative degree of difficulty of a slope or trail by appropriate signs. Suchsigns are to be prominently displayed at the base of a slope where skiersembark on a passenger tramway serving the slope or trail, or at the top of aslope or trail. The signs must be of the type that have been approved by theNational Ski Areas Association and are in current use by the industry;

(4)        To post at or nearthe top of or entrance to, any designated slope or trail, signs givingreasonable notice of unusual conditions on the slope or trail;

(5)        To provide adequateski patrols;

(6)        To mark clearly anyhidden rock, hidden stump, or any other hidden hazard known by the ski areaoperator to exist;

(6a)      To inspect the wintersports slopes, alpine and Nordic ski trails, and freestyle terrains that areopen to the public at least twice daily and maintain a log recording: (i) thetime of the inspection and the name of the inspector(s); and (ii) the generalsurface conditions, based on industry standards, for the entire ski area at thetime of the inspections;

(6b)      To post, in aconspicuous manner, the general surface conditions for the entire ski areatwice daily; and

(7)        Not to engagewillfully or negligently in any type conduct that contributes to or causesinjury to another person or his properties.  (1981, c. 939, s. 1; 2009‑353, s. 1.)