G.S. 99C-2

§ 99C-2. (Effective until October 1, 2026) Duties of ski area operators and skiers.

(a) A ski area operator shall be responsible for the maintenance and safe operation of any passenger tramway in his ski area and insure that such is in conformity with the rules and regulations prescribed and adopted by the North Carolina Department of Labor pursuant to G.S. 95-120(1) as such appear in the North Carolina Administrative Procedures Act. The North Carolina Department of Labor shall conduct certifications and inspections of passenger tramways.

A ski area operator's responsibility regarding passenger tramways shall include, but is not limited to, insuring operating personnel are adequately trained and are adequate in number; meeting all standards set forth for terminals, stations, line structures, and line equipment; meeting all rules and regulations regarding the safe operation and maintenance of all passenger lifts and tramways, including all necessary inspections and record keeping.

(b) A skier shall have the following responsibilities:

(1) To know the range of the skier's abilities to negotiate any ski slope or trail and to ski within the limits of such ability;

(2) To maintain control of the skier's speed and course at all times when skiing and to maintain a proper lookout so as to be able to avoid other skiers and obvious hazards and inherent risks, including variations in terrain, snow, or ice conditions, bare spots and rocks, trees and other forms of forest growth or forest debris;

(3) To stay clear of snow grooming equipment, all vehicles, pole lines, lift towers, signs, snowmaking equipment, and any other equipment on the ski slopes and trails;

(4) To heed all posted information and other warnings and to refrain from acting in a manner which may cause or contribute to the injury of the skier or others;

(5) To wear retention straps, ski brakes, or other devices to prevent runaway skis or snowboards;

(6) Before beginning to ski from a stationary position or before entering a ski slope or trail from the side, to avoid moving skiers already on the ski slope or trail;

(7) To not move uphill on any passenger tramway or use any ski slope or trail while such person's ability to do so is impaired by the consumption of alcohol or by the use of any narcotic or other drug or while such person is under the influence of alcohol or any narcotic or any drug;

(8) If involved in a collision with another skier or person, to not leave the vicinity of the collision before giving his name and current address to an employee of the ski area operator, a member of the ski patrol, or the other skier or person with whom the skier collided, except in those cases when medical treatment is required; in which case, said information shall be provided as soon as practical after the medical treatment has been obtained. If the other person involved in the collision is unknown, the skier shall leave the personal identification required by this subsection with the ski area operator;

(9) Not to embark upon or disembark from a passenger tramway except at an area that is designated for such purpose;

(10) Not to throw or expel any object from a passenger tramway;

(11) Not to perform any action that interferes with the operation or running of a passenger tramway;

(12) Not to use such tramway unless the skier has the ability to use it with reasonable safety;

(13) Not to engage willfully or negligently in any type conduct that contributes to or causes injury to another person or his properties;

(14) Not to embark upon a passenger tramway without the authority of the ski area operator;

(15) If using freestyle terrain, to know the range of the skier's abilities to negotiate the terrain and to avoid conditions and obstacles beyond the limits of such ability that a visible inspection should have revealed.

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

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

(3) To indicate the relative degree of difficulty of a slope or trail by appropriate signs. Such signs are to be prominently displayed at the base of a slope where skiers embark on a passenger tramway serving the slope or trail, or at the top of a slope or trail. The signs must be of the type that have been approved by the National Ski Areas Association and are in current use by the industry;

(4) To post at or near the top of or entrance to, any designated slope or trail, signs giving reasonable notice of unusual conditions on the slope or trail;

(5) To provide adequate ski patrols;

(6) To mark clearly any hidden rock, hidden stump, or any other hidden hazard known by the ski area operator to exist;

(6a) To inspect the winter sports slopes, alpine and Nordic ski trails, and freestyle terrains that are open to the public at least twice daily and maintain a log recording: (i) the time of the inspection and the name of the inspector(s); and (ii) the general surface conditions, based on industry standards, for the entire ski area at the time of the inspections;

(6b) To post, in a conspicuous manner, the general surface conditions for the entire ski area twice daily; and

(7) Not to engage willfully or negligently in any type conduct that contributes to or causes injury to another person or his properties. (1981, c. 939, s. 1; 2009-353, s. 1.)

§ 99C-2. (Effective October 1, 2026) Duties of ski area operators and skiers.

(a) A ski area operator is responsible for the maintenance and safe operation of any passenger tramway in the ski area operator's ski area and ensuring that the ski area is in conformity with the rules prescribed and adopted by the North Carolina Department of Labor pursuant to G.S. 95-120(1). The North Carolina Department of Labor shall conduct certifications and inspections of passenger tramways.

A ski area operator's responsibility regarding passenger tramways includes:

(1) Ensuring operating personnel are adequately trained and are adequate in number.

(2) Meeting all standards set forth for terminals, stations, line structures, and line equipment.

(3) Meeting all rules and regulations regarding the safe operation and maintenance of all passenger lifts and tramways, including all necessary inspections and record keeping.

(b) A skier has the following duties and responsibilities:

(1) To know the range of the skier's abilities to negotiate any ski slope or trail and to ski within the limits of their ability.

(3) To stay clear of snow grooming equipment, all vehicles, pole lines, lift towers, signs, snowmaking equipment, and any other equipment on the ski slopes and trails.

(4) To heed all posted information and other warnings and to refrain from acting in a manner which may cause or contribute to the injury of the skier or others.

(5) To wear retention straps, ski brakes, or other devices to prevent runaway skis or snowboards.

(6) Before beginning to ski from a stationary position or before entering a ski slope or trail from the side, to avoid moving skiers already on the ski slope or trail.

(7) To not move uphill on any passenger tramway or use any ski slope or trail while the person's ability to do so is impaired by the consumption of alcohol or by the use of any narcotic or other drug or while the person is under the influence of alcohol or any narcotic or any drug.

(8) To not leave the vicinity when the skier knows or should reasonably know that they were involved in a collision with another skier before giving his or her name and current address to an employee or agent of the ski area operator, a member of the ski patrol, or the other skier or person with whom the skier collided, except to seek medical treatment for anyone injured as a result of the collision or when remaining at the scene places the skier or others at significant risk of injury. If a skier does leave the vicinity for a reason permitted by this subdivision, the skier must provide the required information to an employee or agent of the ski area operator or a member of the ski patrol as soon as practical after leaving the vicinity. If the other skier involved in the collision is unknown, the skier shall leave the personal identification required by this subdivision with the ski area operator or their employee or agent or a member of the ski patrol.

(9) To not embark upon or disembark from a passenger tramway except at an area that is designated for that purpose.

(10) To not throw or expel any object from a passenger tramway.

(11) To not perform any action that interferes with the operation or running of a passenger tramway.

(12) To not use a tramway unless the skier has the ability to use it with reasonable safety.

(13) To not engage willfully or negligently in any type of conduct that contributes to or causes injury to another person or that person's properties.

(14) To not embark upon a passenger tramway without the authority of the ski area operator.

(15) If using freestyle terrain, to know the range of the skier's abilities to negotiate the terrain and to avoid conditions and obstacles beyond the limits of the skier's ability that a visible inspection should have revealed.

(16) To not ski off or outside of the ski trail boundaries.

(17) To load and unload properly from a tramway, and to use any passenger restraining devices on tramways in accordance with its intended purpose, posted instructions, and any verbal instructions from the ski area operator.

(18) To not ski on a ski slope or ski trail that is posted as "closed" or outside of the operating hours of the ski area.

(19) To stay clear of snow-grooming equipment, all vehicles, lift towers, signs, and any other equipment on ski slopes and ski trails.

(20) To heed all posted information and other warnings, and to refrain from acting in a manner which may cause or contribute to the injury of the skier or others. Each skier is presumed to have seen and understood all information posted in accordance with this Chapter near base area lifts, on the passenger tramways, and on ski areas, ski slopes, and ski trails. Under decreased visibility, the skier has a duty to locate and ascertain the meaning of all signage.

(21) To yield the right-of-way to the downhill skier when approaching or overtaking another skier.

(b1) A parent or guardian of a skier under 14 years of age who is participating in winter sports activities at the ski area has a duty to properly supervise the skier.

(1) To mark all trails and maintenance vehicles and to furnish those vehicles with flashing or rotating lights that shall operate whenever the vehicles are working or moving in the ski area.

(2) To mark with a visible sign or other warning implement the location of any hydrant or similar equipment that is used in snowmaking operations and located anywhere in the ski area, unless the hydrant or similar equipment is in an open and obvious location.

(3) To indicate the relative degree of difficulty of a slope or trail by appropriate signs. Signs are to be prominently displayed at the base of a slope where skiers embark on a passenger tramway serving the slope or trail, or at the top of a slope or trail. The signs must be of the type that have been approved by the National Ski Areas Association and are in current use by the industry.

(4) To post (i) at or near the top of or entrance to, any designated slope or trail, (ii) at ticket kiosks, or (iii) online, signs giving reasonable notice of unusual conditions on the slope or trail.

(5) To provide adequate ski patrol.

(6) To mark clearly any hidden rock, hidden stump, or any other hidden hazard known by the ski area operator to exist.

(6b) To post, in a conspicuous manner, the general surface conditions for the entire ski area twice daily.

(7) To not engage willfully or negligently in any type conduct that contributes to or causes injury to another person or the person's properties. (1981, c. 939, s. 1; 2009-353, s. 1; 2026-49, s. 1(a).)