§ 867. Safety in skiing code. 1. The commissioner, on the advice of\nthe passenger tramway advisory council as created pursuant to section\ntwelve-c of this chapter, shall promulgate rules and regulations,\nconsistent with article eighteen of the general obligations law,\nintended to guard against personal injuries to downhill skiers which\nwill, in view of such intent, define the duties and responsibilities of\ndownhill skiers and the duties and responsibilities of ski area\noperators.\n 2. The commissioner shall enforce all the provisions of this article\nand the regulations adopted pursuant hereto and may issue such orders\nagainst any entity, public or private, as he finds necessary, directing\ncompliance with any provision of this article or such regulations. The\ncommissioner may also investigate any fatality or injury resulting in a\nfatality at a ski area.\n 3. The passenger tramway advisory council shall conduct any\ninvestigation necessary to carry out the provisions of this article.\n 4. The passenger tramway advisory council shall conduct public\nhearings on any rules and regulations proposed under this section prior\nto their promulgation by the commissioner. The passenger tramway\nadvisory council shall fix a time and place for each such hearing and\ncause such notice as it may deem appropriate to be given to the public\nand news media prior to such a hearing. Testimony may be taken and\nevidence received at such a hearing pursuant to procedures prescribed by\nthe passenger tramway advisory council.\n 5. Upon advice of the passenger tramway advisory council, the\ncommission shall, on the fifteenth day of March, nineteen hundred\neighty-nine, promulgate rules which shall set forth specifications for\nthe uniform textual and graphic content, physical description, and\nconspicuous posting of a "Warning to Skiers" regarding the risks\ninherent in the sport as set forth in section 18-101 of the general\nobligations law, which shall be posted and provided to skiers by ski\nareas operators in accordance with subdivision one of section 18-106 of\nthe general obligations law, and shall promulgate rules which shall set\nforth textual and graphic specifications designed to occupy not more\nthan twenty-five percent of the imprintable surface area of the face\nside nor more than eighty percent of the imprintable surface area of the\nreverse side or backing paper of all lift tickets sold or distributed in\nthe state, as defined by section 18-102 of the general obligations law,\nwhich shall uniformly serve to direct the attention of all skiers to the\n"Warning to Skiers" herein directed to be promulgated and required by\nsection 18-106 of the general obligations law.\n
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