S. B. No. 61 As Introduced

Senator Wachtmann

A BILL

To amend sections 4169.01, 4169.03, 4169.08, and 1
4169.09 of the Revised Code to modify duties and 2
liabilities of ski operators and skiers, including 3
duties and liabilities relating to the use of 4
freestyle terrain and tubing parks in ski areas. 5

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

       Section 1. That sections 4169.01, 4169.03, 4169.08, and 6
4169.09 of the Revised Code be amended to read as follows: 7

       Sec. 4169.01. As used in this chapter: 8

       (A) "Skier" means any person who is using ~~or wearing skis or~~ 9
~~any other device or any person who for the purpose of skiing is on~~ 10
~~a ski slope or ski trail that is located at~~the facilities of a 11
ski area, including, but not limited to, the ski slopes and ski 12
trails, for the purpose of skiing, which includes, without 13
limitation, sliding or jumping on snow or ice on skis, a 14
snowboard, sled, tube, snowbike, toboggan or any other device. 15

       (B) "Passenger" means any person who is being transported or 16
conveyed by a passenger tramway. 17

       (C) "Ski slopes" or "ski trails" means those sites that are 18
reserved or maintained and are open for use, as designated by a 19
ski area operator. 20

       (D) "Ski area" means all the ski slopes, ski trails, and 21
passenger tramways that are administered or operated as a single 22
enterprise within this state. 23

       (E) "Ski area operator" means a person or organization that 24
is responsible for the operation of a ski area, including an 25
agency of this state or of a political subdivision thereof. 26

       (F) "Passenger tramway" means a device used to transport 27
passengers uphill, whether on skis or other devices or without 28
skis or other devices, or in cars on tracks or suspended in the 29
air, by the use of steel cables, chains, or belts or by ropes, and 30
that is usually supported by trestles or towers with one or more 31
spans. "Passenger tramway" includes all of the following: 32

       (1) Aerial passenger tramway, a device used to transport 33
passengers in several open or enclosed cars attached to and 34
suspended from a moving wire rope or attached to a moving wire 35
rope and supported on a standing wire rope, or similar devices; 36

       (2) Skimobile, a device in which a passenger car running on 37
steel or wooden tracks is attached to and pulled by a steel cable, 38
or similar devices; 39

       (3) Chair lift, a device on which passengers are carried on 40
chairs suspended in the air and attached to a moving cable, chain, 41
or link belt supported by trestles or towers with one or more 42
spans, or similar devices. Chair lifts need not include foot-rests 43
or passenger restraint devices. 44

       (4) J bar, T bar, or platter pull, devices that pull skiers 45
riding on skis or other devices by means of an attachment to a 46
main overhead cable supported by trestles or towers with one or 47
more spans, or similar devices; 48

       (5) Rope tow, a device with one span and no intermediate 49
towers that pulls skiers riding on skis or other devices as they 50
grasp a rope manually, or similar devices; 51

       (6) Wire rope tow, a device with one span and no intermediate 52
towers by which skiers are pulled on skis or other devices while 53
manually grasping a bar attached to a wire hauling cable; 54

        (7) Conveyor, a flexible moving element, including a belt, 55
that transports passengers on one path and returns underneath the 56
uphill portion. 57

       The operation of a passenger tramway shall not constitute the 58
operation of a common carrier. 59

       (G) "Competitor" means a skier actually engaged in 60
competition, a special event, or training or practicing for 61
competition or a special event in any portion of the area made 62
available by the ski area operator. 63

        (H) "Freestyler" means a skier utilizing freestyle terrain 64
marked with signage approved by the national ski areas 65
association. 66

        (I) "Freestyle terrain" means, but is not limited to, terrain 67
parks and terrain park features, such as jumps, rails, fun boxes, 68
other constructed or natural features, half-pipes, quarter-pipes, 69
and freestyle-bump terrain. 70

        (J) "Tubing park" means a ski slope designated and maintained 71
for the exclusive use of skiers utilizing tubes to slide to the 72
bottom of the course and serviced by a dedicated passenger 73
tramway. 74

       Sec. 4169.03. (A) Before a passenger tramway operator may 75
operate any passenger tramway in the state, the operator shall 76
apply to the ski tramway board, on forms prepared by it, for 77
registration by the board. The application shall contain an 78
inventory of the passenger tramways that the applicant intends to 79
operate and ~~such~~ other information as the board may reasonably 80
require and shall be accompanied by the following annual fees: 81

       (1) Each aerial passenger tramway, five hundred dollars; 82

       (2) Each skimobile, two hundred dollars; 83

       (3) Each chair lift, two hundred dollars; 84

       (4) Each J bar, T bar, or platter pull, one hundred dollars; 85

       (5) Each rope tow, fifty dollars; 86

       (6) Each wire rope tow, seventy-five dollars; 87

        (7) Each conveyor, one hundred dollars. 88

       When an operator operates an aerial passenger tramway, a 89
skimobile, or a chair lift during both a winter and summer season, 90
the annual fee shall be one and one-half the above amount for the 91
respective passenger tramway. 92

       (B) Upon payment of the appropriate annual fees in accordance 93
with division (A) of this section, the board shall issue a 94
registration certificate to the operator. Each certificate shall 95
remain in force until the thirtieth day of September next ensuing. 96
The board shall renew an operator's certificate in accordance with 97
the standard renewal procedure in Chapter 4745. of the Revised 98
Code upon payment of the appropriate annual fees. 99

       (C) Money received from the registration fees and from the 100
fines collected pursuant to section 4169.99 of the Revised Code 101
shall be paid into the state treasury to the credit of the 102
industrial compliance operating fund created in section 121.084 of 103
the Revised Code. 104

       (D) No person shall operate a passenger tramway in this state 105
unless the person has been registered by the board. 106

       Sec. 4169.08. (A)(1) The general assembly recognizes that 107
skiing as a recreational sport is hazardous to skiers regardless 108
of all feasible safety measures that can be taken. It further 109
recognizes that a skier expressly assumes the risk of and legal 110
responsibility for any losses or damages that result from the 111
inherent risks of skiing, which include, but are not limited to, 112
losses or damages caused by ~~variations in terrain~~changing weather 113
conditions; surface or subsurface snow or ice conditions; hard 114
pack, powder, packed powder, wind pack, corn, crust, slush, cut-up 115
snow, and machine-made snow; bare spots, rocks, trees, stumps, and 116
other forms of forest growth or debris; lift towers or other forms 117
of towers and their components, either above or below the snow 118
surface; variations in steepness or terrain, whether natural or as 119
the result of snowmaking, slope design, freestyle terrain, jumps, 120
catwalks, or other terrain modifications; any other objects and 121
structures, including, but not limited to, passenger tramways and 122
related structures and equipment, competition equipment, utility 123
poles, fences, posts, ski equipment, slalom poles, ropes, 124
out-of-bounds barriers and their supports, signs, ski racks, 125
walls, buildings, and sheds; and plainly marked or otherwise 126
visible snowmaking and snow-grooming equipment, snowmobiles, snow 127
cats, and over-snow vehicles. 128

       (2) Provided that the ski operator complies with division 129
(B)(4) of this section, no liability shall attach to a ski area 130
operator for injury or death to any competitor or freestyler using 131
a freestyle terrain, which injury or death is caused by course, 132
venue, or area conditions that visual inspection should have 133
revealed or by collision with a spectator, competition official, 134
ski area personnel, or another competitor or freestyler. 135

        (3) Provided the ski operator complies with division (B)(5) 136
of this section, no liability shall attach to a ski area operator 137
for injury or death to any skier using a tubing park, which injury 138
or death is caused by course design or maintenance or conditions 139
that visual inspection should have revealed or by collision with 140
another skier. 141

       (B) ~~Therefore, the~~The legal responsibilities of a ski area 142
operator to a skier with respect to any injury or death resulting 143
in any way from an inherent risk of the sport shall not be those 144
of the common law duty of premises owners to business invitees. A 145
ski area operator shall have, however, the following 146
responsibilities: 147

       (1) To mark all trail maintenance vehicles and to furnish 148
such vehicles with flashing or rotating lights that shall be in 149
operation whenever the vehicles are working or are moving in the 150
ski area; 151

       (2) To mark with a visible sign or other warning implement 152
the location of any hydrant or similar equipment that is used in 153
snowmaking operations and located anywhere in the ski area; 154

       (3) To mark, at the base of a slope or hill where skiers 155
embark on a passenger tramway serving the slope or hill or at the 156
top of a trail or slope, such slopes, trails, and hills with signs 157
indicating their relative degree of difficulty. The signs must be 158
the type that have been approved by the national ski areas 159
association and are in current use by the industry; 160

        (4) Prior to the use of any portion of a freestyle terrain 161
area made available by the ski area operator, to allow each 162
freestyle skier or competitor an opportunity to reasonably inspect 163
the course, venue, or area of the freestyle terrain; 164

        (5) To allow skiers using a tubing park visible access to the 165
course. 166

       (C) A skier shall have the following responsibilities: 167

       (1) To know the range of the skier's ability to negotiate any 168
slope or trail or to use any passenger tramway that is associated 169
with a slope or trail, to ski within the limits of the skier's 170
ability, to ski only on designated slopes and trails, to maintain 171
control of speed and course at all times while skiing, to heed all 172
posted warnings, and to not cross the track of a passenger tramway 173
except at a designated area; 174

       (2) To refrain from acting in a manner that may cause or 175
contribute to the injury of another person, to refrain from 176
causing collision with any person or object while skiing, and to 177
not place any object in a ski area that may cause another skier or 178
a passenger to fall; 179

       (3) When involved in a skiing accident in which another 180
person is involved who needs medical or other assistance, to 181
obtain assistance for the person, to notify the proper 182
authorities, and to not depart from the scene of the accident 183
without leaving personal identification; 184

        (4) If the skier is a competitor, freestyler, or user of 185
freestyle terrain, to assume the risk of all course, venue, or 186
area conditions, including, but not limited to, weather and snow 187
conditions; obstacles; course or feature location, construction, 188
or layout; freestyle terrain configuration and conditions; and 189
other courses, layouts, or configurations of the area to be used; 190

        (5) If the skier is utilizing a tubing park, to assume the 191
risk of collision with others on the course. 192

       Sec. 4169.09. A ski area operator, a tramway passenger, 193
freestyler, competitor, or a skier is liable for losses or damages 194
caused by ~~his~~the operator's, passenger's, freestyler's, 195
competitor's, or skier's failure to fulfill any of the 196
responsibilities required by this chapter. A ski area operator, a 197
tramway passenger, freestyler, competitor, or a skier is not 198
liable for any losses or damages caused by another's failure to 199
fulfill any of the responsibilities required of another by this 200
chapter. A ski area operator, a tramway passenger, freestyler, 201
competitor, or a skier is not entitled to recover for any losses 202
or damages caused by ~~his~~the operator's, passenger's, 203
freestyler's, competitor's, or skier's failure to fulfill any of 204
the responsibilities required by this chapter. 205

       Section 2. That existing sections 4169.01, 4169.03, 4169.08, 206
and 4169.09 of the Revised Code are hereby repealed. 207

Section 1. That sections 4169.01, 4169.03, 4169.08, and	6
4169.09 of the Revised Code be amended to read as follows:	7

(A) "Skier" means any person who is using ~~or wearing skis or~~	9
~~any other device or any person who for the purpose of skiing is on~~	10
~~a ski slope or ski trail that is located at~~the facilities of a	11
ski area, including, but not limited to, the ski slopes and ski	12
trails, for the purpose of skiing, which includes, without	13
limitation, sliding or jumping on snow or ice on skis, a	14
snowboard, sled, tube, snowbike, toboggan or any other device.	15

(B) "Passenger" means any person who is being transported or	16
conveyed by a passenger tramway.	17

(C) "Ski slopes" or "ski trails" means those sites that are	18
reserved or maintained and are open for use, as designated by a	19
ski area operator.	20

(D) "Ski area" means all the ski slopes, ski trails, and	21
passenger tramways that are administered or operated as a single	22
enterprise within this state.	23

(E) "Ski area operator" means a person or organization that	24
is responsible for the operation of a ski area, including an	25
agency of this state or of a political subdivision thereof.	26

(F) "Passenger tramway" means a device used to transport	27
passengers uphill, whether on skis or other devices or without	28
skis or other devices, or in cars on tracks or suspended in the	29
air, by the use of steel cables, chains, or belts or by ropes, and	30
that is usually supported by trestles or towers with one or more	31
spans. "Passenger tramway" includes all of the following:	32

(1) Aerial passenger tramway, a device used to transport	33
passengers in several open or enclosed cars attached to and	34
suspended from a moving wire rope or attached to a moving wire	35
rope and supported on a standing wire rope, or similar devices;	36

(2) Skimobile, a device in which a passenger car running on	37
steel or wooden tracks is attached to and pulled by a steel cable,	38
or similar devices;	39

(3) Chair lift, a device on which passengers are carried on	40
chairs suspended in the air and attached to a moving cable, chain,	41
or link belt supported by trestles or towers with one or more	42
spans, or similar devices. Chair lifts need not include foot-rests	43
or passenger restraint devices.	44

(4) J bar, T bar, or platter pull, devices that pull skiers	45
riding on skis or other devices by means of an attachment to a	46
main overhead cable supported by trestles or towers with one or	47
more spans, or similar devices;	48

(5) Rope tow, a device with one span and no intermediate	49
towers that pulls skiers riding on skis or other devices as they	50
grasp a rope manually, or similar devices;	51

(6) Wire rope tow, a device with one span and no intermediate	52
towers by which skiers are pulled on skis or other devices while	53
manually grasping a bar attached to a wire hauling cable;	54

(7) Conveyor, a flexible moving element, including a belt,	55
that transports passengers on one path and returns underneath the	56
uphill portion.	57

The operation of a passenger tramway shall not constitute the	58
operation of a common carrier.	59

(G) "Competitor" means a skier actually engaged in	60
competition, a special event, or training or practicing for	61
competition or a special event in any portion of the area made	62
available by the ski area operator.	63

(H) "Freestyler" means a skier utilizing freestyle terrain	64
marked with signage approved by the national ski areas	65
association.	66

(I) "Freestyle terrain" means, but is not limited to, terrain	67
parks and terrain park features, such as jumps, rails, fun boxes,	68
other constructed or natural features, half-pipes, quarter-pipes,	69
and freestyle-bump terrain.	70

(J) "Tubing park" means a ski slope designated and maintained	71
for the exclusive use of skiers utilizing tubes to slide to the	72
bottom of the course and serviced by a dedicated passenger	73
tramway.	74

Sec. 4169.03. (A) Before a passenger tramway operator may	75
operate any passenger tramway in the state, the operator shall	76
apply to the ski tramway board, on forms prepared by it, for	77
registration by the board. The application shall contain an	78
inventory of the passenger tramways that the applicant intends to	79
operate and ~~such~~ other information as the board may reasonably	80
require and shall be accompanied by the following annual fees:	81

When an operator operates an aerial passenger tramway, a	89
skimobile, or a chair lift during both a winter and summer season,	90
the annual fee shall be one and one-half the above amount for the	91
respective passenger tramway.	92

(B) Upon payment of the appropriate annual fees in accordance	93
with division (A) of this section, the board shall issue a	94
registration certificate to the operator. Each certificate shall	95
remain in force until the thirtieth day of September next ensuing.	96
The board shall renew an operator's certificate in accordance with	97
the standard renewal procedure in Chapter 4745. of the Revised	98
Code upon payment of the appropriate annual fees.	99

(C) Money received from the registration fees and from the	100
fines collected pursuant to section 4169.99 of the Revised Code	101
shall be paid into the state treasury to the credit of the	102
industrial compliance operating fund created in section 121.084 of	103
the Revised Code.	104

(D) No person shall operate a passenger tramway in this state	105
unless the person has been registered by the board.	106

Sec. 4169.08. (A)(1) The general assembly recognizes that	107
skiing as a recreational sport is hazardous to skiers regardless	108
of all feasible safety measures that can be taken. It further	109
recognizes that a skier expressly assumes the risk of and legal	110
responsibility for any losses or damages that result from the	111
inherent risks of skiing, which include, but are not limited to,	112
losses or damages caused by ~~variations in terrain~~changing weather	113
conditions; surface or subsurface snow or ice conditions; hard	114
pack, powder, packed powder, wind pack, corn, crust, slush, cut-up	115
snow, and machine-made snow; bare spots, rocks, trees, stumps, and	116
other forms of forest growth or debris; lift towers or other forms	117
of towers and their components, either above or below the snow	118
surface; variations in steepness or terrain, whether natural or as	119
the result of snowmaking, slope design, freestyle terrain, jumps,	120
catwalks, or other terrain modifications; any other objects and	121
structures, including, but not limited to, passenger tramways and	122
related structures and equipment, competition equipment, utility	123
poles, fences, posts, ski equipment, slalom poles, ropes,	124
out-of-bounds barriers and their supports, signs, ski racks,	125
walls, buildings, and sheds; and plainly marked or otherwise	126
visible snowmaking and snow-grooming equipment, snowmobiles, snow	127
cats, and over-snow vehicles.	128

(2) Provided that the ski operator complies with division	129
(B)(4) of this section, no liability shall attach to a ski area	130
operator for injury or death to any competitor or freestyler using	131
a freestyle terrain, which injury or death is caused by course,	132
venue, or area conditions that visual inspection should have	133
revealed or by collision with a spectator, competition official,	134
ski area personnel, or another competitor or freestyler.	135

(3) Provided the ski operator complies with division (B)(5)	136
of this section, no liability shall attach to a ski area operator	137
for injury or death to any skier using a tubing park, which injury	138
or death is caused by course design or maintenance or conditions	139
that visual inspection should have revealed or by collision with	140
another skier.	141

(B) ~~Therefore, the~~The legal responsibilities of a ski area	142
operator to a skier with respect to any injury or death resulting	143
in any way from an inherent risk of the sport shall not be those	144
of the common law duty of premises owners to business invitees. A	145
ski area operator shall have, however, the following	146
responsibilities:	147

(1) To mark all trail maintenance vehicles and to furnish	148
such vehicles with flashing or rotating lights that shall be in	149
operation whenever the vehicles are working or are moving in the	150
ski area;	151

(2) To mark with a visible sign or other warning implement	152
the location of any hydrant or similar equipment that is used in	153
snowmaking operations and located anywhere in the ski area;	154