S-1924.1          _______________________________________________

                            SUBSTITUTE SENATE BILL 5835

                  _______________________________________________

State of Washington              52nd Legislature             1991 Regular Session

By Senate Committee on Law & Justice (originally sponsored by Senators Sellar, Talmadge and Nelson).

Read first time March 6, 1991.Giving the parks and recreation commission responsibility for signs on aerial ski lifts.

     AN ACT Relating to conveyances for recreational purposes at ski areas; and amending RCW 70.117.010, 70.88.080, and 70.88.090.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

     Sec. 1.  RCW 70.117.010 and 1989 c 81 s 2 are each amended to read as follows:

     (1) The operator of any ski area shall maintain a sign system based on international or national standards and as may be required by the state parks and recreation commission.

     All signs for instruction of the public shall be bold in design with wording short, simple, and to the point.  All such signs shall be prominently placed.

     Entrances to all machinery, operators', and attendants' rooms shall be posted to the effect that unauthorized persons are not permitted therein.

     The sign "Working on Lift" or a similar warning sign shall be hung on the main disconnect switch and at control points for starting the auxiliary or prime mover when a person is working on the passenger tramway.

     (((2) The interior of each reversible aerial tramway and gondola lift shall be prominently posted to show:

     (a) The maximum capacity of each reversible aerial tramway and gondola lift in pounds and number of passengers (which shall also be posted at each loading area); and

     (b) Instructions for procedure in emergencies.

     (3) The following signs shall be posted at all aerial lifts except gondola lifts:

     (a) "Prepare to Unload" (not less than fifty feet ahead of unloading area);

     (b) "Keep Ski Tips Up" (ahead of any point where skis may come in contact with a platform or the snow surface);

     (c) "Unload Here";

     (d) "Safety Gate" (if applicable);

     (e) "Remove Pole Straps from Wrists" (at loading area); and

     (f) Sign visible at all points of downhill loading, listing downhill capacity of lift.

     (4) The following signs shall be posted at all surface lifts:

     (a) "Prepare to Unload" (not less than fifty feet ahead of unloading area);

     (b) "Stay in Track";

     (c) "Unload Here";

     (d) "Safety Gate"; and

     (e) "Remove Pole Straps from Wrists" (at loading area).

     (5) The following signs shall be posted at all tows:

     (a) "No Loose Scarves

             No Loose Clothing

             No Long Hair Exposed"

             (at loading area);

     (b) "Stay in Track";

     (c) "Unload Here"; and

     (d) "Safety Gate".

     (6))) (2) All signs required for normal daytime operation shall be in place, and those pertaining to the tramway, lift, or tow operations shall be adequately lighted for night skiing.

     (((7))) (3) If a particular trail or run has been closed to the public by an operator, the operator shall place a notice thereof at the top of the trail or run involved, and no person shall ski on a run or trail which has been designated "Closed".

     (((8))) (4) An operator shall place  a notice at the embarking terminal or terminals of a lift or tow which has been closed that the lift or tow has been closed and that a person embarking on such a lift or tow shall be considered to be a trespasser.

     (((9))) (5) Any snow making machines or equipment shall be clearly visible and clearly marked.  Snow grooming equipment or any other vehicles shall be equipped with a yellow flashing light at any time the vehicle is moving on or in the vicinity of a ski run; however, low profile vehicles, such as snowmobiles, may be identified in the alternative with a flag on a mast of not less than six feet in height.

     (((10))) (6) The operator of any ski area shall maintain a readily visible sign on each rope tow, wire rope tow, j-bar, t-bar, ski lift, or other similar device, advising the users of the device that:

     (a) Any person not familiar with the operation of the lift shall ask the operator thereof for assistance and/or instruction; and

     (b) The skiing-ability level recommended for users of the lift and the runs served by the device shall be classified "easiest", "more difficult", and "most difficult".

     Sec. 2.  RCW 70.88.080 and 1990 c 136 s 3 are each amended to read as follows:

     Inspections, rules, and orders of the state parks and recreation commission resulting from the exercise of the provisions of this chapter((, as well as under RCW 70.88.020,)) and chapter 70.117 RCW shall not in any manner be deemed to impose liability upon the state for any injury or damage resulting from the operation or signing of the facilities regulated by this chapter, and all actions of the state parks and recreation commission and its personnel shall be deemed to be an exercise of the police power of the state.

     Sec. 3.  RCW 70.88.090 and 1959 c 327 s 9 are each amended to read as follows:

     The state parks and recreation commission is empowered to adopt reasonable rules((, regulations,)) and codes relating to public safety in the construction, operation, signing, and maintenance of the recreational devices provided for in this chapter.  The rules((, regulations)) and codes authorized hereunder shall be in accordance with established standards, if any, and shall not be discriminatory in their application.