According to the posts concerning the TL lift accident, WV, unlike many other states, especially those with ski areas, does not have a state organization responsible for lift/tramway inspections and safety.
The WV Dept of Commerce, Division of Labor, Safety Section oversees amusement rides, elevators and zipline/canopy tours. Seems like ski lifts would fit in with those pretty well.
I spoke with the mountain manager at Canaan this past weekend and he confirmed that ski lifts ARE NOT covered by the aforementioned entity. There is no such animal in the State of WV.
Wild and wonderful and unregulated; that is the way they want it in the valley.
At a minimum I prefer Virginia's approach where it is a state law to comply with the ANSI standard.
http://www.massresort.com/v.php?pg=716
I am not a lawyer .... however.... The entire relevant text of that document is copied below. It looks like the important thing is more how the state whatever agency chooses to enforce the law. It that voluntary ? Are the inspectors licensed ? Do they report directly to the state whatever agency ? What really happens every year before the lift spns ? etc...
To be honest, I have never really worried about the lift when I am at a ski area. I just admire the scenery and the wonder of it all and then ski.
§ 8.01-227.16. Passenger tramways.
B. If a participant or a passenger using a passenger tramway at a winter sports area with the permission of the operator is unfamiliar with the use of a passenger tramway and asks for instruction on its use, the operator shall provide a reasonable opportunity for such instruction. In addition to the signs required by subsections A, B, and D of § 8.01-227.12, an operator shall install and maintain at or near the loading area for each passenger tramway in the winter sports area a sign stating that if a participant or other passenger is unfamiliar with the use of the passenger tramway and asks for instruction for its use, the operator will provide a reasonable opportunity for such instruction.
A. A winter sports area operator shall be liable if the operator does any of the following:
1. Commits an act or omission related to a winter sport that constitutes negligence or gross negligence regarding the safety of an individual, or of property, and that act or omission proximately causes injury to or the death of the individual or damage to property; or
2. Recklessly, knowingly, or intentionally commits an act or omission related to a winter sport that proximately causes injury to or the death of a winter sports participant or other individual or damage to property.
B. No operator shall be liable and no individual or individual's representative may recover from an operator under subdivision A 1 or subsection C if the individual is found to have assumed the risk of his injury or death, or damage to property, pursuant to § 8.01-227.19 or if a proximate cause of the injury, death, or damage was his own negligence, provided that in any action for damages against an operator pursuant to subdivision A 1 or subsection C, the operator shall plead, as appropriate, the affirmative defense of (i) assumption of the risk by the individual, (ii) contributory negligence by the individual, or (iii) both assumption of the risk and contributory negligence.
C. A winter sports area operator shall not be considered a common carrier under Virginia law but shall be liable for any injury to or death of an individual or damage to property caused by the operator's failure to operate a passenger tramway in a reasonable manner or to comply with any mandatory provision of the ANSI Ski Lift Code.
D. The liability of a winter sports area operator to another individual who is not authorized by the operator to use or be present at the winter sports area shall be only the liability for the duty owed under Virginia law to a trespasser.
§ 8.01-227.22. Failure to fulfill duty or responsibility not negligence per se.
An operator's or participant's failure to abide by or fulfill a duty or responsibility under this article shall not constitute negligence per se.
wvrocks wrote:
The WV Dept of Commerce, Division of Labor, Safety Section oversees amusement rides, elevators and zipline/canopy tours. Seems like ski lifts would fit in with those pretty well.
WV requires a certified, not qualified party to observe the testing and inspection that is performed by a licensed elevator ecthnician. The observer certifies that the vertical transport has been inspected and tested before the State issues an annual operating permit. Seems organized enough to me.
The elevator inspectors are in the same category....
That is part of what makes this place so special, and I can't think of a better place to live in the mid-atl!
teleman wrote:
Wild and wonderful and unregulated; that is the way they want it in the valley.
West Virginia is hardly unique in this regard. States with many ski areas like Idaho, Montana, Wyoming and Minnesota are in the same boat.
Very interesting article:
http://liftblog.com/2016/03/01/does-your-state-have-a-tramway-board/#more-15556
peter wrote:
West Virginia is hardly unique in this regard. States with many ski areas like Idaho, Montana, Wyoming and Minnesota are in the same boat.
Also, now that many ski resorts have gone to Mototurbo radio communications for slope Mgt & Ski patrol, the older scanners will not provide info on accidents, real time & past recovery.
teleman wrote:
Wild and wonderful and unregulated; that is the way they want it in the valley.
Booo gov't regulation,”‹
Yay lift crashes
