DEPARTMENT OF LABOR AND ECONOMIC GROWTH

                            DIRECTOR'S OFFICE

                          SKI AREA SAFETY BOARD

                              GENERAL RULES

(By authority conferred on the  director  of  the  department  of  labor  and 
economic growth by section 6 of 1962 PA  199,  and  Executive  Reorganization 
Order Nos. 1996-2, and 2003-1, MCL 408.326, MCL 445.2001 and MCL 445.2011)


R 408.61  Definitions.
  Rule 1. (1) As used in these rules:
  (a) "Act" means 1962 PA 199, MCL 408.321. 
  (b) "Authorized personnel" means a person who is designated and trained  by 
the owner or operator, or both, of the ski area.
  (c) "Board" means the ski area safety board created under the act.
  (d) "Department" means the department of labor and economic growth.
  (e) "Director"  means  the  director  of  the  department  or  his  or  her 
authorized designee.
  (2) The terms defined in the act have the same meanings when used in  these 
rules.
  (3) As used in ANSI standard B77.1-1999,  "authority  having  jurisdiction" 
means the director of the department of labor and economic growth.

  History:  1979 AC; 1989 AACS; 1993 AACS; 1998-2000 AACS; 2007 AACS.


R 408.62   Motorized vehicle use policy.
  Rule 2.  (1) Ski area operators shall comply with all of the following with 
regard to the use of motorized vehicles on ski slopes, runs or trails open to 
the public:
  (a) Ski areas shall have  a  written  policy  that  addresses  all  of  the 
following:
  (i) The training required for anyone to operate an  authorized  vehicle  on 
open ski slopes, runs, or trails.  The training program shall be developed in 
consultation with the National Ski Areas Association's  publication  entitled 
"Snowmobile Operations Resource Guide, December 2005."   The  publication  is 
available for purchase  from  the  National  Ski  Areas  Association,  Member 
Services, 133 S. Van Gordon Street, Suite 300,  Lakewood,  CO  60226,  Phone: 
(303) 987-1111, at a price of $10.00 for members or $50.00 for non-members.   
The publication may be viewed by appointment at the offices of the Bureau  of 
Commercial Services, 2501 Woodlake Circle,  Okemos,  Michigan  48864,  Phone: 
(517) 241-9228.
  (ii) The recommended routes for motorized vehicles to follow when  used  on 
open ski slopes, runs, or trails.
  (iii) The circumstances under which a motorized vehicle may be used on open 
ski slopes, runs, or trails.
  (iv) The circumstances under which the alarm required in subrule (2)(d)  of 
this rule must be utilized.
  (b) Report to the  department  within  24  hours  any  injury  or  fatality 
involving a motorized vehicle on a ski slope, run, or trail.
  (c) Prohibit the use of privately owned motorized vehicles in areas open to 
skiers.
  (2) Motorized vehicles operated on ski slopes, runs,  or  trails  that  are 
open to the public shall be equipped with all of the following:
  (a) Lights and brakes as required pursuant to MCL 324.82122.
  (b) For vehicles measuring less than 6 feet in height  above  the  snow,  a 
florescent flag measuring at least 40 square inches mounted at least  6  feet 
above the bottom of the tracks and visible from 360 degrees.  
  (c) A flashing or rotating red light conspicuously located on the  vehicle, 
which must be operated while the vehicle is moving in the vicinity of  a  ski 
slope, run, or trail.
  (d) An audible alarm capable of producing a minimum  warning  sound  of  85 
decibels to alert skiers or bystanders.
  (3) Operators of motorized vehicles on ski slopes, runs,  or  trails  shall 
comply with the following:
  (a) Operate a vehicle at a rate of speed not greater than is reasonable for 
the conditions and as required pursuant to MCL 324.82126a and MCL 324.82126b.
  (b) Be at least 18 years of age, possess a valid driver's license, and have 
completed mandatory training provided by the ski area that includes the  safe 
use of motorized vehicles on ski slopes, runs,  or  trails  when  skiers  are 
present, as established in the written policy required in rule 408.62(1)(a).
  (c) Whenever possible, a vehicle operated on ski slopes,  runs,  or  trails 
shall give skiers and pedestrians the right-of-way.

  History: 2008 AACS.


R 408.65   Adoption of standards by reference.
  Rule 5. A person shall construct,  install,  and  operate  a  ski  lift  as 
prescribed in ANSI standard B77.1-2006 entitled "American  National  Standard 
for Passenger Ropeways - Aerial Tramways, Aerial Lifts, Surface  Lifts,  Tows 
and Conveyors - Safety Requirements," which is adopted  in  these  rules  by. 
This standard may be purchased as an electronic download  from  the  American 
national standards institute, Inc. at www.ansi.org for $125.  It is available 
in hardcopy or on compact  disk  from  the  National  Ski  Areas  Association 
(www.nsaa.org) at 133 S. Van Gordon Street  Suite  300;  Lakewood,  CO  80228 
phone: (303) 987-1111 for $60 for NSAA members and $125 for non-members.  The 
standards are available  for  public  inspection  at  2501  Woodlake  Circle, 
Okemos, Michigan, 48864, phone: (517) 241-9233.

  History:  1979 AC; 1989 AACS; 1993 AACS; 1998-2000 AACS; 2007 AACS.

Editor's Note: An obvious error in R 408.65 was corrected at  the  request of 
the promulgating agency, pursuant to Section 56 of 1969 PA 306, as amended by 
2000 PA 262, MCL 24.256.  The rule containing the error  was   published   in 
Michigan Register, 2007 MR 8.  The memorandum requesting the  correction  was 
published in Michigan Register, 2007 MR 11. 



R  408.66  Rescinded.

  History:  1979 AC; 1989 AACS; 1997 AACS.


R  408.67   Vertical clearance for chair lifts.
  Rule 7. (1) Where a person may ski beneath a lift  line,   or   at   points 
where ski trails cross under a lift line, a minimum vertical clearance  of 13 
feet between the design maximum snow depth and the top of  the  carrier  seat 
shall be maintained under conditions of maximum sag.
  (2)  Where  the  vertical  clearance  is  less  than   15   feet,    public 
transportation is prohibited  beneath  the  tramway.   Where   the   vertical 
clearance is less than 8 feet for gondolas and empty chairs, or less  than 10 
feet for chairs carrying foot passengers,  or   less   than   13   feet   for 
chairs carrying skiers, provision shall  be  made  to   prevent   access   by 
unauthorized persons to the area  beneath  the  tramway.   Under   the   most 
adverse loading conditions, a minimum vertical clearance of 5  feet  shall be 
maintained between the lower edge of carriers or ropes and   the   ground  or 
other obstacles, including snow path.

  History:  1979 AC.


R  408.68   Rescinded.

  History:  1979 AC; 1993 AACS; 1997 AACS.


R  408.69  Rescinded.

  History:  1979 AC; 1989 AACS; 1997 AACS.


R 408.70 Lift machinery; lockout procedures.
  Rule 10. (1) All ski lift machinery shall have a  disconnect  switch  which 
shall be locked in the  "off"  position  before  work  is  performed  on  the 
machinery.
  (2) The ski area operator shall establish and maintain a written  procedure 
for lockout of the machinery.

  History:  1979 AC; 1989 AACS; 1998-2000 AACS.


R  408.71  Rescinded.

  History:  1979 AC; 1989 AACS; 1997 AACS.


R 408.75 Inspection and test of system; requirements for lifts not operated
  for 30 months.
  Rule 15. (1) Before a  ski  system  is  opened  to  the  public,  qualified 
personnel and a department inspector shall thoroughly inspect  and  test  the 
system to assure that the installation of the system is  in  accordance  with 
the provisions of the act and these rules. The designer or manufacturer shall 
recommend load test procedures.
  (2) A ski area operator shall obtain a load test for chair  lifts  every  5 
years pursuant to the requirements of the department.
  (3) A ski area operator shall ensure that a lift that has not operated  for 
30 consecutive months or longer is in compliance with all of the requirements 
of this rule and section 12 of the act  that  are  applicable  to  new  lifts 
before the lift can be approved for public operation.

  History:  1979 AC; 1989 AACS; 1993 AACS; 1998-2000 AACS.


R 408.76 Wire rope splicing.
  Rule 16. A ski area operator shall ensure that there is  not  more  than  a 
single splice in a lift rope unless approved by the department.

  History:  1979 AC; 1989 AACS; 1998-2000 AACS.


R 408.77 Replacement of wire rope on emergency basis; repair.
  Rule 17. If damage to a wire rope is confined to a single  strand,  then  a 
ski area operator may replace the damaged strand on an emergency  basis.  The 
ski area operator may return the repaired rope  to  service  if  all  of  the 
following conditions have been satisfied:
  (a) Approval for repairs has been obtained from the director.
  (b) A qualified wire rope splicer verbally advised the director, before the 
wire rope was returned to service, that a  suitable  replacement  strand  was 
available and it was possible to properly repair the  rope  using  the  patch 
method.
  (c) Documents showing the splice diagrams and overall length of  the  patch 
prepared by an approved wire rope splicer have been filed with the department 
and placed in the ski area operator’s wire rope log for the repaired rope.

  History:  1979 AC; 1989 AACS; 1998-2000 AACS.


R 408.78  Splicers; qualifications.
  Rule 18. The department shall deem a wire rope splicer to be  qualified  if 
he or she meets either of the following requirements:
  (a) Has not less than 5 years of splicing experience and has been observed, 
by a department inspector, making an acceptable wire rope splice.
  (b) Presents credentials acceptable to the board from  a  major  wire  rope 
company or tramway manufacturer attesting to the individual’s  qualifications 
as a wire rope splicer.

  History:  1979 AC; 1989 AACS; 1998-2000 AACS.


R  408.79   Operation of multiple tows  by   single   operator;   conditions; 
attendant.
  Rule 19. (1) A single operator may operate 2 tows, but not more than  2, if 
all of the following conditions are met:
  (a) The length of each tow, measured from the loading area  to  the  safety 
gate, is not more than 800 feet.
  (b) All terminal areas, loading and unloading areas of all  tows,  and  the 
entire tow lines are clearly visible to the operator and are  within   a   90 
degree cone of sight of the operating station.
  (c) The operator has all tow controls available  to  him   or   her   while 
maintaining the surveillance required in subdivision (b) of this  subrule.
  (d) The operator stops all tows under his or her supervision   if   he   or 
she leaves the controls for any reason.
  (e) The distance from the attendant's station to the  most  distant  safety 
gate point at the unloading area shall not  be  more  than   100   feet   (30 
meters) and shall be readily accessible.
  (2) If the conditions in subrule (1)  of  this  rule  are   not   met,   an 
attendant shall be required at each loading and unloading   station   and   a 
permanently installed 2-way voice communication system  shall   be   provided 
between the motor control point, loading stations, and unloading stations.
The power for this system  shall  be  independent  of   the   primary   power 
source.

  History:  1979 AC; 1989 AACS.


R 408.80  Marking of snowmaking devices.
  Rule 20. (1) When a ski run, slope, or trail is open to the public, the ski 
area  operator shall mark snowmaking devices as stated in this rule.
  (2) A ski area operator shall mark the location of any hydrant,  snow  gun, 
or similar fixture or  equipment  which  is  used  in  snowmaking  operations 
located on a ski run and which extends  less  than  6  feet  above  the  snow 
surface with a caution sign that has contrasting colors.  An  orange  marking 
disc, with a minimum diameter of 8 inches, may be used as a caution sign. One 
sign is adequate for all devices within an area 3 feet on either side of  the 
sign and 10 feet in the downhill direction of the ski run from the sign.
  (3) A ski area operator shall place a fiber rope with flags, or  mesh  tape 
that is more than 3 inches in height, or a fence where  any  hose,  cord,  or 
similar equipment is laying on a ski run. The ski area operator  shall  place 
the fiber rope with flags, mesh tape, or fence between  the  device  and  the 
normal approaching ski traffic. The ski area operator shall place  the  flags 
on a fiber rope not more than 10 feet apart.

  History:  1989 AACS; 1998-2000 AACS.


R 408.81  Trail marking.
  Rule 21. (1) As required by the act, the ski area operator shall mark  each 
ski run, slope, or trail with  the  appropriate  symbol  for  the  degree  of 
difficulty, the degree of difficulty in words,  and  the  name  of  the  run, 
slope, or trail.
  (2) Each ski area operator shall  select  its  most  difficult  slopes  and 
trails and use the black diamond symbol  to  identify  them  and  select  its 
easiest slopes and trails and use a green circle symbol to identify them.
  (3) Signs for snowboard park entrances shall contain the following wording:
"terrain park entrance-most difficult  area,  obstacles  and  hazards  exist, 
proceed at your own risk."
  (4) Signs for halfpipe entrances shall contain the following wording:
"halfpipe entrance-most difficult area, obstacles and hazards exist,  proceed 
at your own risk."
  (5) Each ski area operator shall mark all slopes and trails not  identified 
as "most difficult" or "easiest" as "more difficult" and  shall  use  a  blue 
square symbol to identify them.
  (6) Each ski area operator shall ensure all of the following:
  (a) Lettering for trail marking signs is a minimum of 2 inches in height.
  (b) Symbols are not less than 6 inches in horizontal and vertical dimension.
  (c) All signs required by the  act  and  these  rules  are  constructed  of 
weather-resistant  materials,  unless  the  signs   are   placed   within   a 
weathertight structure.
  (d) All trail marking signs required by this rule are attached to  a  post, 
tree, lift tower, or building in a prominent location on or adjacent  to  the 
run, slope, or trail being marked.

  History:  1989 AACS; 1998-2000 AACS.


R 408.82  Marking of closed runs; "regulatory symbol" defined.
  Rule 22. (1) When a ski area is open for skiing and any ski run, slope,  or 
trail is closed to skiing, the ski area operator shall mark the  top  of,  or 
entrance to, each closed run, slope,  or  trail  with  a  sign  containing  a 
regulatory symbol and the word "closed" in 3-inch or larger letters. The  ski 
area operator shall place a fiber rope with flags, or mesh tape that is  more 
than 3 inches in height, or a fence across the top of, or  entrance  to,  the 
run, slope, or trail that is closed. The ski area operator  shall  place  the 
flags on a fiber rope not more than 10 feet apart.
  (2) As used in this rule, "regulatory symbol" means  a  circle  or  octagon 
that has contrasting colors around an image of a prohibited activity overlaid 
with a diagonal line. The ski area operator  shall  ensure  that  the  inside 
height and width of the circle or octagon are not less than 6 inches.

  History:  1989 AACS; 1998-2000 AACS.


R  408.83   Lift designation signs.
  Rule 23. Any sign indicating the relative difficulty of the open  slopes  a 
lift serves shall be located so as to be visible from  the  entrance  to  the 
loading area of that lift.

  History:  1989 AACS.


R  408.90   Ski lift accident or  breakdown;  report;   securing   scene   of 
accident.
  Rule 30. (1) An operator shall immediately report to  the  department,   by 
telephone, an accident involving a ski lift that results  in  serious  injury 
to, or the death of, a person,  including  an  employee,   or   a   breakdown 
resulting from the  structural,  mechanical,   electrical,   or   operational 
failure of a ski lift. The operator shall confirm this report  by  using  the 
appropriate form provided by the  department  and  forwarding   it   to   the 
department  within  7  days  after  the  occurrence  of   the   accident   or 
breakdown.
  (2) The director, after consulting with the operator,   may   require   the 
scene of the accident to be secured and undisturbed in order  to  assure  the 
safety of persons in the area and for the removal of  injured   or   deceased 
persons. If a ski lift is  removed  from  service  by   the   director,   the 
director shall order an immediate investigation by the department.

  History:  1979 AC; 1989 AACS.


R  408.91  Rescinded.

  History:  1979 AC; 1989 AACS; 1997 AACS.


R  408.92   Evacuation of skiers entangled in rope tow.
  Rule 32. A ski area operator shall devise a method  to   safely   evacuate, 
within a reasonable time, a skier entangled in the rope of a rope tow.

  History:  1979 AC; 1989 AACS.


R  408.94   Toboggans and sleds.
  Rule 34. A lift or tow, while transporting skiers, shall not  be  used   to 
transport toboggans or sleds, except by authorized personnel.

  History:  1979 AC.


R  408.95   Rescission.
  Rule 35. R 408.101 to R 408.117 and  R  408.131  to  R   408.144   of   the 
Michigan Administrative Code, appearing on page 4750 of   the   1968   Annual 
Supplement to the Code, pages 6189 and 6190 of the 1972 Annual  Supplement to 
the Code, pages 7313 to 7315 of the 1974 Annual Supplement to the  Code,  and 
pages 8045 to 8050 of the  1975  Annual   Supplement   to   the   Code,   are 
rescinded.

  History:  1979 AC.