AN ACT Relating to duties of operators and users of commercial ski areas; amending RCW 70.117.010, 70.117.020, and 70.117.030; adding new sections to chapter 70.117 RCW; creating a new section; prescribing penalties; and declaring an emergency.

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

NEW SECTION. Sec. 1. The legislature finds that the sport of skiing is practiced by a large number of Washington residents and attracts a large number of nonresidents to the state, thereby significantly contributing to the economy of Washington. It further finds that there are inherent risks in the sport of skiing, which should be understood by each skier and which are essentially impossible to eliminate, and that confusion exists as to whether a skier assumes the risks inherent in the sport of skiing. It is the purpose of this act, therefore, to clarify the law in relation to skiing injuries and the risks inherent in that sport, to establish as a matter of law that certain risks are inherent in that sport, and to provide, as a matter of public policy, that no person engaged in the sport of skiing may recover from a ski area operator for injuries resulting from those inherent risks.

NEW SECTION. Sec. 2. A new section is added to chapter 70.117 RCW to read as follows:

As used in this chapter, the following terms have the meanings indicated unless the context clearly requires otherwise.

(1) "Improved trails" or "improved runs" means those trails or runs that have been marked, signed, or designated by the ski area operator as improved ski trails or improved ski runs.

(2) "Inherent risks of skiing" means those dangers or conditions that are an integral part of the sport of skiing, including, but not limited to: Changing weather conditions; variations or steepness in terrain; snow or ice conditions; surface or subsurface conditions, such as bare spots, forest growth, rocks, and stumps; collisions with lift towers or other structures, utility poles, snowmaking or snowgrooming equipment which is clearly visible and clearly marked in accordance with RCW 70.117.010(8), and the components thereof; collisions with other skiers; and a skier's failure to ski within his or her ability.

Sec. 3. Section 1, chapter 139, Laws of 1977 ex. sess. and RCW 70.117.010 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.

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 "((~~Men~~)) 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 ((~~men are~~)) 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);

(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";

(d) "Safety Gate"; and

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

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

(a)!sc ,2!il*,2"No Loose Scarves

No Loose Clothing

No Long Hair Exposed"

(at loading area);

(b) "Stay in Track";

(d) "Safety Gate".

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

(8) 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) ((~~An operator shall prominently place a notice containing the substance of RCW 70.117.030 in such places as are necessary to notify the public.~~

~~(10)~~)) 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.

((~~(11)~~)) (10) 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 ((~~slopes~~)) improved runs served by the device shall be classified "easiest", "more difficult", and "most difficult".

Sec. 4. Section 2, chapter 139, Laws of 1977 ex. sess. and RCW 70.117.020 are each amended to read as follows:

(1) In addition to the specific requirements of this section, all skiers shall conduct themselves within the limits of their individual ability and shall not act in a manner that may contribute to the injury of themselves or any other person. A skier shall be the sole judge of his or her ability to negotiate any trail, run, or uphill track.

(2) No person shall:

(a) Embark or disembark upon a ski lift except at a designated area;

(b) Throw or expel any object from any tramway, ski lift, commercial skimobile, or other similar device while riding on the device;

(c) Act in any manner while riding on a rope tow, wire rope tow, j-bar, t-bar, ski lift, or similar device that may interfere with the proper or safe operation of the lift or tow;

(d) Wilfully engage in any type of conduct which may injure any person, or place any object in the uphill ski track which may cause another to fall, while traveling uphill on a ski lift; or

(e) Cross the uphill track of a j-bar, t-bar, rope tow, wire rope tow, or other similar device except at designated locations.

(3) Every person shall maintain control of his or her speed and course at all times, and shall stay clear of any snowgrooming equipment, any vehicle, any lift tower, and any other equipment on the mountain. ((~~Snow grooming equipment or any other vehicles shall be equipped with a flashing yellow light at any time the vehicle is moving on or in the vicinity of a ski run.~~)) The primary duty shall be on the person skiing downhill to avoid any collision with any person or object below him or her.

(4) ((A person shall be the sole judge of his or her ability to negotiate any trail, slope, or uphill track and no action shall be maintained against any operator by reason of the condition of the track, trail, or slope unless the condition results from the negligence of the operator.

~~(5)~~)) Any person who boards a rope tow, wire rope tow, j-bar, t-bar, ski lift, or other similar device shall be presumed to have sufficient abilities to use the ((~~lift~~)) device. No liability shall attach to any operator or attendant for failure to instruct the person on the use of the device, but a person shall follow any written or verbal instructions that are given regarding the use.

((~~(6)~~)) (5) Because of the inherent risks in the sport of skiing ((all persons using the ski hill shall exercise reasonable care for their own safety. However, the primary duty shall be on the person skiing downhill to avoid any collision with any person or object below him or her)), no person shall make any claim against, maintain any action against, or recover from any ski area operator for injury, loss, or damage resulting from any of the inherent risks of skiing. A ski area operator shall have no duty to eliminate, alter, control, or lessen the inherent risks of skiing.

((~~(7) Subsection (6) of this section notwithstanding,~~)) (6) Any person skiing ((~~on other than~~)) outside the confines of improved trails open for skiing or ((~~slopes~~)) improved runs open for skiing within the area shall be responsible for any injuries or losses resulting from his or her action.

((~~(8) Subsections (6) and (7) of this section notwithstanding,~~)) (7) Any person on foot or on any type of sliding device shall be responsible for any collision whether the collision is with another person or with an object.

((~~(9)~~)) (8) A person embarking on a lift or tow without authority shall be considered to be a trespasser.

Sec. 5. Section 3, chapter 139, Laws of 1977 ex. sess. and RCW 70.117.030 are each amended to read as follows:

(1) Any person who is involved in a skiing accident and who departs from the scene of the accident without leaving personal identification or otherwise clearly identifying himself or herself before notifying the proper authorities or obtaining assistance, knowing that any other person involved in the accident is in need of medical or other assistance, shall be guilty of a misdemeanor.

(2) An operator shall place a prominent notice containing the substance of this section in such places as are necessary to notify the public.

NEW SECTION. Sec. 6. A new section is added to chapter 70.117 RCW to read as follows:

Ski area operators shall place a prominent notice of the inherent risks of skiing, and the limitations on liability of ski area operators under RCW 70.117.020(5), in such places as are necessary to notify the public.

NEW SECTION. Sec. 7. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

NEW SECTION. Sec. 8. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately.