Tennessee Skier Safety Act

Posted: August 28, 2013 | Author: Recreation Law | Filed under: Tennessee | Tags: Alpine skiing, Ski, Ski Resort, Skier Safety Act, Tennessee, Tennessee Supreme Court, TN |Leave a comment

Tennessee Skier Safety Act

TENNESSEE CODE ANNOTATED

Title 68  Health, Safety and Environmental Protection 

Safety 

Chapter 114  Ski Area Safety and Liability Act

GO TO THE TENNESSEE ANNOTATED STATUTES ARCHIVE DIRECTORY

Tenn. Code Ann. § 68-114-101 (2012)

68-114-101.  Short title.

  This chapter shall be known and may be cited as the “Ski Area Safety and Liability Act.”

68-114-102.  Chapter definitions.

  As used in this chapter, unless the context otherwise requires:

   (1) “Industry” means generally the activities of all ski area operators;

   (2) “Passenger” means any person, while being transported or conveyed by a passenger tramway, or while waiting in the immediate vicinity for such transportation or conveyance, or while moving away from the disembarkation or unloading point of a passenger tramway to clear the way for the passengers following, or while in the act of boarding or embarking upon or disembarking from, a passenger tramway;

   (3) “Passenger tramway” means those devices described in American National Standards Institute Code § B 77.1 — 1973 and supplements to the code;

   (4) “Ski area” means all the ski slopes and ski trails and passenger tramways administered or operated as a single enterprise within this state;

   (5) “Ski area operator” means a person or organization having operational responsibility for any ski area, including an agency of this state or a political subdivision of this state; and

   (6) “Skier” means any person present in a ski area for the purpose of engaging in the sport of skiing, Nordic, freestyle or other types of ski jumping and who is using skis, a sled, a tube or a snowboard.

68-114-103.  Responsibility of skier and passenger.

  It is recognized that Alpine or downhill skiing as a recreational sport and the use of passenger tramways associated with Alpine or downhill skiing may be hazardous to skiers or passengers, regardless of all feasible safety measures that can be taken. Therefore, each skier and each passenger has the sole responsibility for knowing the range of the skier’s or passenger’s own ability to negotiate any slope, ski trail or associated passenger tramway, and it is the duty of each skier and passenger to conduct the skier or passenger within the limits of the skier’s or passenger’s own ability, to maintain control of the skier’s or passenger’s speed and course at all times while skiing, to heed all posted warnings and to refrain from acting in a manner that may cause or contribute to the injury of the skier or passenger or others. Except as otherwise specifically provided in this chapter, each skier or passenger is deemed to have assumed the risk of and legal responsibility for any injury to the skier’s or passenger’s person or property arising out of the skier’s or passenger’s participation in Alpine or downhill skiing or the use of any passenger tramways associated with Alpine or downhill skiing. The responsibility for collisions by any skier while actually skiing, with any person or object, shall be solely that of the skier or skiers involved in the collision and not that of the ski area operator.

8-114-104.  Violations.

  No passenger or skier shall:

   (1) Board or embark upon or disembark from a passenger tramway except at an area designated for that purpose;

   (2) Throw or expel any object from a passenger tramway;

   (3) Do any act that interferes with the running or operation of a passenger tramway;

   (4) Place any object in the uphill track of a surface lift that may cause a passenger to fall;

   (5) Except at designated locations, cross the uphill track of any surface lift; or

   (6) Ski on a slope or ski trail that has been designated “closed” as provided by this chapter.

68-114-105.  Tramways.

  The ski area operator shall have the primary responsibility for the design, construction, maintenance, and inspection of any passenger tramway. All passenger tramways shall be designed, constructed, and maintained in accordance with standards of the American National Standards Institute § B 77.1 — 1973 and supplements to the standards. The operation of a passenger tramway shall be deemed not to be the operation of a common carrier.

68-114-106.  Signs and designations.

  It is the duty of the ski area operator to maintain the following signs and designations:

   (1) Base Stations.  (A) A color code is established in accordance with the following:

         (i) Green circle — To designate the ski area’s least difficult trails and slopes;

         (ii) Black diamond — To designate the ski area’s most difficult trails and slopes;

         (iii) Blue square — To designate the ski area’s trails and slopes that fall between the green circle and black diamond designations;

         (iv) Yellow triangle with red exclamation point inside with a red band around the triangle — To designate danger areas; and

         (v) Octagonal shape with red border around white interior with a black figure in the shape of a skier inside with a black band running diagonally across the sign from the upper right hand side to the lower left hand side with the word “closed” beneath the emblem — To designate a closed trail or slope; and

      (B) A trail board shall be maintained at one (1) or more prominent locations at each ski area displaying that area’s network of ski trails and slopes, with each trail and slope rated on the board in accordance with the color code in subdivision (1)(A) and containing a key to the code in accordance with the designations in subdivision (1)(A). The trail board shall further designate which ski trails and slopes are open and their condition; and

   (2) Trails or Slopes.  (A) The ski area operator shall conspicuously mark the top of each trail or slope with the appropriate symbol for that particular trail’s or slope’s degree of difficulty in accordance with this chapter. Those portions of the trails or slopes that are of extra hazardous nature or are closed shall be marked at the top with the appropriate symbol; and

      (B) Whenever maintenance personnel or equipment is being employed upon any trail or slope while such trail or slope is open to the public, the ski area operator shall place, or cause to be placed, a conspicuous notice to that effect at or near the top of such trail or slope.

68-114-107.  Actions against ski area operators — Insurance.

  (a) Unless a ski area operator is in violation of this chapter or other state acts pertaining to ski areas, which violation is causal of the injury complained of, no action shall lie against any such operator by any skier or passenger or representative of a skier or passenger; this prohibition shall not, however, prevent the maintenance of an action against a ski area operator for negligent design construction, or operation maintenance of the passenger tramway itself.

(b) Each ski area operator shall maintain liability insurance with limits of not less than one million dollars ($1,000,000) per occurrence, except that the insurance need not be maintained with respect to passenger tramways not open to the general public, operated without charge to the users of the tramway. This exception shall not apply, however, to passenger tramways operated by schools, ski clubs and other similar organizations.

(c) No action shall be maintained against any ski area operator for injuries to any skier or passenger, unless the action is commenced within one (1) year from the time of injury; provided, that as a condition precedent to an action, the ski area operator shall be notified by registered mail within ninety (90) days of the injury as to the alleged violation of this chapter or other acts pertaining to ski areas, unless the court finds under the circumstances of the particular case that the operator or any of its employees either had actual knowledge of the injury or had a reasonable opportunity to learn of the injury within the ninety-day period, or was otherwise not substantially prejudiced by reason of not having been given actual written notice of the injury within the period; provided, that in any case where lack of written notice, actual knowledge, or a reasonable opportunity to obtain knowledge of any injury within the ninety-day period is alleged by a ski area operator, the burden of proof shall be on the operator to show that it was substantially prejudiced by the lack of written notice, actual knowledge or opportunity to obtain knowledge.

 

TENNESSEE CODE ANNOTATED

Title 68  Health, Safety and Environmental Protection 

Safety 

Chapter 121  Elevators, Dumbwaiters, Escalators, and Aerial Tramways

GO TO THE TENNESSEE ANNOTATED STATUTES ARCHIVE DIRECTORY

Tenn. Code Ann. § 68-121-101 (2012)

68-121-101.  Chapter definitions.

  As used in this chapter, unless the context otherwise requires:

   (1) “Aerial passenger tramways” means recreational transportation of passengers on devices that are usually referred to by the following names:

      (A) Reversible Aerial Tramways. That class of aerial passenger tramways and lifts in which the passengers are transported in carriers and are not in contact with the ground or snow surface, and in which the carriers reciprocate between terminals;

         (i) Single-Reversible Tramways. That type of reversible aerial tramway that has a single carrier, or single group of carriers, that moves back and forth between terminals on a single path of travel and is sometimes called “to-and-fro” aerial tramway; and

         (ii) Double-Reversible Tramways. That type of reversible aerial tramway that has two (2) carriers, or two (2) groups of carriers, that oscillate back and forth between terminals on two (2) paths of travel and is sometimes called “jig-back” tramway;

      (B) Aerial Lifts and Ski Mobiles. That class of aerial passenger tramways and lifts in which the passengers are transported in carriers and are not in contact with the ground or snow surface and in which the carriers circulate around a closed system and are activated by a wire rope or chain. The carriers usually make U-turns in the terminals and move along generally parallel and opposing paths of travel. The carriers may be open or enclosed cabins, cars, or platforms. The carriers may be fixed or detachable;

         (i) Gondola Lifts. That type of lift where the passengers are transported in open or enclosed cabins. The passengers embark and disembark while the carriers are stationary or moving slowly under a controlled arrangement;

         (ii) Chair Lifts. That type of lift where the passengers are transported in chairs, either open or partially enclosed;

         (iii) Ski Mobiles. That type of lift where the passengers are transported in open or enclosed cars that ride on a rigid structural system and are propelled by a wire rope or chain; and

         (iv) Similar Equipment. Lifts which utilize carrier configurations not specified in subdivision (1)(B)(i), (1)(B)(ii) or (1)(B)(iii), but do not require that the passenger remain in contact with the ground or snow surface;

      (C) Surface Lifts. That class of conveyance where the passengers are propelled by means of a circulating overhead wire rope while remaining in contact with the ground or snow surface. Transportation is limited to one (1) direction. Connection between the passengers and the wire rope is by means of a device attached to and circulating with the haul rope known as a “towing outfit”;

         (i) T-bar Lifts. That type of lift where the device between the haul rope and passengers forms the shape of an inverted “T,” propelling passengers located on both sides of the stem of the “T;”

         (ii) J-bar Lifts. That type of lift where the device between the haul rope and passenger is in the general form of a “J,” propelling a single passenger located on the one (1) side of the stem of the “J;”

         (iii) Platter Lifts. That type of lift where the device between the haul rope and passenger is a single stem with a platter or disc attached to the lower end of the stem, propelling the passenger astride the stem of the platter, or disc; and

         (iv) Similar Equipment. Lifts that utilize towing device configurations not specified in subdivision (1)(C)(i), (1)(C)(ii) or (1)(C)(iii), but require that passengers remain in contact with the ground or snow surface, and conform to the general description of this subdivision (1); and

      (D) Tows. That class of conveyance where the passengers grasp the circulating haul rope, a handle attached to the circulating haul rope, or attach a gripping device to the circulating haul rope and are propelled by the circulating haul rope. The passengers remain in contact with the ground or snow surface. The upward-traveling haul rope remains adjacent to the uphill track of the passengers and at an elevation that permits them to maintain their grasp on the haul rope, handle, or gripping device throughout that portion of the tow length that is designed to be traveled;

         (i) Fiber Rope Tow. A tow having a fiber, natural or synthetic, haul rope; and

         (ii) Wire Rope Tow. A tow having a metallic haul rope;

   (2) “Alteration” means any change or addition to the equipment other than ordinary repairs or replacement;

   (3) “Amusement device” means:

      (A) Any mechanical or structural device that carries or conveys a person, or that permits a person to walk along, around or over a fixed or restricted route or course or within a defined area, including the entrances and exits to the device, for the purpose of giving persons amusement, pleasure, thrills or excitement. “Amusement device” includes, but is not limited to, roller coasters, Ferris wheels, merry-go-rounds, glasshouses, and walk-through dark houses;

      (B) “Amusement device” also includes:

         (i) Any dry slide over twenty feet (20′) in height excluding water slides; and

         (ii) Any portable tram, open car, or combination of open cars or wagons pulled by a tractor or other motorized device, except hay rides, those used solely for transporting patrons to and from parking areas, or those used for guided or educational tours, but that do not necessarily follow a fixed or restricted course; and

      (C) “Amusement device” does not include the following:

         (i) Devices operated on a river, lake, or any other natural body of water;

         (ii) Wavepools;

         (iii) Roller skating rinks;

         (iv) Ice skating rinks;

         (v) Skateboard ramps or courses;

         (vi) Mechanical bulls;

         (vii) Buildings or concourses used in laser games;

         (viii) All terrain vehicles;

         (ix) Motorcycles;

         (x) Bicycles;

         (xi) Mopeds;

         (xii) Go karts;

         (xiii) Bungee cord or similar elastic device;

         (xiv) An amusement device that is owned and operated by a nonprofit religious, educational or charitable institution or association, if the device is located within a building subject to inspection by the state fire marshal or by any political subdivision of the state under its building, fire, electrical and related public safety ordinances; and

         (xv) An amusement device that attaches to an animal so that while being ridden the path of the animal is on a fixed or restricted path;

   (4) “Board” means the elevator and amusement device safety board, created in § 68-121-102;

   (5) “Commissioner” means the commissioner of labor and workforce development;

   (6) “Complete elevator, dumbwaiter or escalator” means any elevator, dumbwaiter or escalator for which the plans and specifications and the application for the construction permit required by § 68-121-108 are filed on or after the effective date of the application of the rules and regulations adopted by the board as provided in § 68-121-103(a)(2). All other elevators, dumbwaiters and escalators shall be deemed to be existing installations;

   (7) “Department” means the department of labor and workforce development;

   (8) “Dormant elevator, dumbwaiter or escalator” means an elevator or dumbwaiter whose cables have been removed, whose car and counterweight rest at the bottom of the shaftway, and whose shaftway doors are permanently boarded up or barricaded on the inside, or an escalator whose main power feed lines have been disconnected;

   (9) “Dumbwaiter” means a hoisting and lowering mechanism equipped with a car that moves in guides in a substantially vertical direction, the floor area of which does not exceed nine square feet (9 sq. ft.), whose total compartment height does not exceed four feet (4′), the capacity of which does not exceed five hundred pounds (500 lbs.), and that is used exclusively for carrying freight. “Dumbwaiter” does not include a dormant dumbwaiter;

   (10) “Elevator” means a hoisting and lowering mechanism equipped with a car or platform that moves in guides in a substantially vertical direction and that serves two (2) or more floors of a building. “Elevator” also includes stairway inclined lifts and platform lifts for transportation of handicapped persons;

   (11) “Escalator” means a moving inclined continuous stairway or runway used for raising or lowering passengers;

   (12) “Freight elevator” means an elevator used primarily for carrying freight and on which only the operator and the persons necessary for loading and unloading are permitted to ride;

   (13) “Moving walks” means a moving runway for transporting passengers, where the passenger transporting surface remains parallel to its direction of motion and is uninterrupted;

   (14) “Operator” means a person or the agent of a person who owns or controls, or has the duty to control, the operation of an amusement device or related electrical equipment;

   (15) “Owner” means a person that owns, leases, controls or manages the operations of an amusement device and may include the state or any political subdivision of the state;

   (16) “Passenger elevator” means an elevator that is used to carry persons other than the operator and persons necessary for loading and unloading.

   (17) “Qualified inspector” means any person who is:

      (A) Found by the commissioner to possess the requisite training and experience in respect to amusement devices to perform competently the inspections required by this chapter;

      (B) Certified by the National Association of Amusement Ride Safety Officials (NAARSO) to have and maintain at least a level one certification; or

      (C) Is a member of, and certified by, the Amusement Industry Manufacturing and Suppliers (AIMS) and meets the qualifications established by the board;

   (18) “Related electrical equipment” means any electrical apparatus or wiring used in connection with amusement devices;

   (19) “Safety rules” means the rules and regulations governing rider conduct on an amusement device pursuant to § 68-121-125;

   (20) “Serious incident” means any single incident where any person or persons are immediately transported to a licensed off-site medical care facility for treatment of an injury as a result of being on, or the operation of, the amusement device; and

   (21) “Serious physical injury” means a patron’s personal injury immediately reported to the owner or operator as occurring on an amusement device and that results in death, dismemberment, significant disfigurement or other significant injury that requires immediate in-patient admission and twenty-four-hour hospitalization under the care of a licensed physician for other than medical observation.

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