167.33(4)
(4) Duties of ski area owners; other duties. 167.33(4)(a)(a)
Maps. Each ski area operator shall post and maintain a map of the trails and terrains in the ski area that are designated for any snow sport at all of the sites where tickets to the ski area are sold if the ski area has more than 3 trails. The map shall contain the names of each trail or terrain and a description of the level of difficulty for each trail as determined by the ski area operator under
sub. (3) (f). The sign shall be at least 32 square feet in size.
167.33(4)(ag)
(ag)
Markings. Each ski area operator shall mark hydrants, water pipes, and any other man-made structures on a ski area that are not readily visible to participants in a snow sport under conditions of ordinary visibility from a distance of at least 100 feet. A ski area operator may use any type of marker, including a wooden or bamboo pole, flag, or sign if the marker is visible from a distance of 100 feet and if the marker itself does not constitute a serious hazard to participants in a snow sport. Variations in steepness or terrain, whether natural or as a result of slope design, snowmaking, or grooming operations, including roads, catwalks, or other terrain modifications, are not man-made structures for the purpose of this paragraph.
167.33(4)(ar)
(ar)
Padding policies. A ski area operator shall adopt a written policy determining which man-made ski area infrastructures require protective padding and determining the type, height, thickness, and color of the padding. The policy shall take into consideration factors including the infrastructure's size and location at the ski area and its visibility to the public under conditions of normal visibility.
167.33(4)(b)1.1. Each ski area operator shall ensure that each ski area vehicle that is present on a trail during the hours in which a lift is being operated shall display all of the following:
167.33(4)(b)1.a.
a. A flashing light on or near the top of the ski area vehicle whenever the ski area vehicle's engine is on.
167.33(4)(b)1.b.
b. If the ski area vehicle is an all-terrain vehicle, a snowmobile, or a similarly sized motorized vehicle, in addition to the flashing light as specified in
subd. 1., a red or orange flag that is at least 40 square inches in size and that is mounted at least 5 feet from the bottom of the tracks or tires.
167.33(4)(b)2.
2. If any grooming operations take place on a ski trail during hours in which a lift is being operated, the ski area operator shall close that trail to the public at the top entrance to the trail until the grooming operations are complete on that trail. If a groomer is traversing part of a ski area that is not part of a ski trail during hours in which a lift is being operated, the ski area operator shall provide an escort for the groomer to warn guests of the approaching groomer.
167.33(4)(b)3.
3. A ski area operator shall have a written policy that specifies the training required for anyone to operate a snowmobile or an all-terrain vehicle within the ski area, and shall have a written policy addressing recommended routes for snowmobiles or all-terrain vehicles to follow when used during the hours in which a lift is being operated.
167.33(4)(b)4.
4. No ski area operator may allow anyone under the age of 18 to operate a snowmobile or an all-terrain vehicle within the ski area.
167.33(4)(b)5.
5. Any employee of a ski area operating a snowmobile or an all-terrain vehicle shall possess a valid driver's license.
167.33(4)(b)6.
6. A ski area operator shall prohibit the use of privately owned snowmobiles or all-terrain vehicles within the ski area during the hours in which a lift is being operated.
167.33(4)(b)7.
7. The operator of a snowmobile or an all-terrain vehicle may not operate the vehicle at a rate of speed greater than is reasonable.
167.33(4)(b)8.
8. Whenever possible, the person operating a snowmobile or an all-terrain vehicle within a ski area during the hours in which a lift is being operated shall give skiers the right-of-way.
167.33(4)(c)
(c)
Lift inspections. Annually, a ski area operator shall have all of the lifts located in its ski area inspected by a qualified lift inspector to determine whether the lift is in compliance with the rules promulgated by the department of safety and professional services.
167.33(4)(d)
(d)
Lift inspectors. In order to be a qualified lift inspector for purposes of
par. (c), an individual shall be either or both of the following:
167.33(4)(d)1.
1. An individual authorized by the department of safety and professional services to make inspections of lifts pursuant to
ch. 101.
167.33(4)(d)2.
2. An individual who has knowledge of the requirements of the rules specified in
par. (c) and of the design and operation of lifts and who has one of the following:
167.33(4)(d)2.b.
b. Experience as an inspector of lifts for an insurance company that has provided liability insurance coverage to any ski area.
167.33(5)
(5) Duties of individuals engaged in snow sports. 167.33(5)(a)(a) Safety rules; skiing and sledding. Each individual engaged in skiing or sledding at a ski area has a duty to do all the following:
167.33(5)(a)3.
3. Know the range of his or her ability and engage in skiing or sledding within that ability.
167.33(5)(a)4.
4. Assess the difficulty of the trails and terrains that are open to skiing or sledding.
167.33(5)(a)6.
6. Comply with any posted limits that are imposed on the number of passengers or on the amount of weight of the sled or other sledding device while it is being ridden.
167.33(5)(a)7.
7. Be able to stop or avoid other individuals or objects.
167.33(5)(a)8.
8. Yield to other individuals engaged in skiing or sledding who are ahead or who are down the slope.
167.33(5)(a)9.
9. Not stop at a point that will result in the individual obstructing a trail or not being visible from above.
167.33(5)(a)10.
10. Yield to other individuals engaged in skiing or sledding who are uphill when starting downhill or merging onto a trail.
167.33(5)(a)11.
11. Be able to safely board, ride, and deboard any lift serving an area open to skiing or sledding.
167.33(5)(a)13.
13. If involved in a collision with another participant in a snow sport that results in injury or death, not leave the vicinity of the collision before giving his or her name and current address to an employee of the ski area operator or a member of the ski patrol, except for the purpose of securing aid for a person injured in the collision. A person who leaves the scene of the collision for the purpose of securing aid shall give his or her name and current address after securing the aid.
167.33(5)(b)
(b)
Safety rules; tubing. Each individual engaged in tubing at a ski area has a duty to do all of the following:
167.33(5)(b)3.
3. Know the range of his or her ability and engage in tubing within that ability.
167.33(5)(b)4.
4. Assess the difficulty of terrain that is open to tubing.
167.33(5)(b)6.
6. Comply with any posted limits that are imposed on the number of passengers or on the amount of weight of the tube or other tubing device while it is being ridden.
167.33(5)(b)7.
7. Be able to safely board, ride, and deboard a lift serving an area open to tubing.
167.33(5)(b)9.
9. Yield to other individuals engaged in tubing who are ahead or who are down the slope.
167.33(5)(b)10.
10. Look uphill and yield to oncoming tubes before leaving the bottom of the hill at the end of a run.
167.33(5)(b)11.
11. If involved in a collision with another participant in a snow sport that results in injury or death, not leave the vicinity of the collision before giving his or her name and current address to an employee of the ski area operator or a member of the ski patrol, except for the purpose of securing aid for a person injured in the collision. A person who leaves the scene of the collision for the purpose of securing aid shall give his or her name and current address after securing the aid.
167.33 History
History: 2011 a. 199; s. 35.17 correction in (3) (e) 9.
167.35
167.35
Fire safety performance standards for cigarettes. 167.35(1)(a)
(a) "Cigarette" means any roll of tobacco wrapped in paper or in any substance other than tobacco.
167.35(1)(b)
(b) "Department" means the department of safety and professional services unless the context requires otherwise.
167.35(1)(f)1.
1. Any person who manufactures or otherwise produces cigarettes anywhere or causes cigarettes to be manufactured or produced anywhere, if the person intends that the cigarettes are to be sold in this state, including cigarettes that are sold in the United States through an importer.
167.35(1)(f)2.
2. The first purchaser anywhere that intends to resell in the United States cigarettes that are manufactured anywhere, if the original manufacturer or producer did not intend that the cigarettes be sold in the United States.
167.35(1)(f)3.
3. Any entity that becomes a successor to a person described in
subd. 1. or a purchaser described in
subd. 2.
167.35(1)(g)
(g) "Repeatability" means the range of values within which the repeat results of cigarette test trials from a single laboratory will fall 95 percent of the time.
167.35(2)
(2) Certification filed by manufacturers. 167.35(2)(a)(a) Each manufacturer that sells or offers to sell cigarettes in this state shall file a written certification with the department, certifying that each type of cigarette listed in the certification has been tested in accordance with
sub. (3) and complies with the applicable fire safety performance standard under
sub. (3).
167.35(2)(b)
(b) For each type of cigarette listed in the certification, all of the following information shall be included in the certification:
167.35(2)(b)1.
1. The brand or trade name that appears on the package.
167.35(2)(b)2.
2. The style of the cigarette, such as light or ultra-light.
167.35(2)(b)7.
7. The type of individual container in which the cigarette is packaged, such as a soft pack or a box.
167.35(2)(b)9.
9. The name, address, and telephone number of the laboratory conducting the testing of the cigarette as required under
sub. (3), if the laboratory is not owned and operated by the manufacturer of the cigarette.
167.35(2)(c)
(c) Upon filing a certification under
par. (a), a manufacturer shall provide a copy of the certification to each distributor, jobber, or direct marketer that purchases from the manufacturer cigarettes that are the subject of the certification. Each manufacturer shall also provide to each distributor, jobber, and direct marketer sufficient copies of an illustration of the package marking required under
sub. (4) to be given to each retailer to whom the distributor, jobber, or direct marketer sells cigarettes.
167.35(2)(d)
(d) Each manufacturer shall file the certification under
par. (a) with the department every 3 years.
167.35(2)(e)
(e) The department shall promptly forward a copy of each certification it receives under
par. (a) to the attorney general.
167.35(2)(f)
(f) Each manufacturer shall pay to the department a fee of $1,000 for each brand family of cigarette listed in each certification filed with the department under
par. (a). The fee shall apply to all cigarettes within the brand family and shall include any new cigarette that is included in the 3-year certification period for which the fee is paid. The manufacturer shall pay the fee upon filing each certification for a new brand family.
167.35(2)(g)
(g) If a manufacturer has certified a type of cigarette pursuant to this subsection, and makes any change after the certification to that type of cigarette that is likely to alter its compliance with the applicable fire safety performance standard, no person may offer for sale or sell that type of cigarette in this state unless the manufacturer retests the cigarette in accordance with the applicable testing method under
sub. (3) (a) or
(d) and maintains the reports of that testing as required under
sub. (3) (f).
167.35(3)
(3) Test methods; performance standards. 167.35(3)(a)(a)
Method of testing. For purposes of this section, testing of cigarettes conducted by a manufacturer or conducted or sponsored by the state shall meet all of the following requirements:
167.35(3)(a)1.
1. The testing shall be conducted in accordance with the standard test method for measuring the ignition strength of cigarettes established by the American Society for Testing and Materials International standard E2187-04. The department may adopt a substitute test method that is different from the standard test method, if the department finds that the substitute test method does not result in a change in the percentage of full-length burns exhibited by any tested cigarette when compared to the percentage of full-length burns the same cigarette would exhibit when tested in accordance with the standard test method.
167.35(3)(a)2.
2. The testing shall be conducted on 10 layers of filter paper.
167.35(3)(a)3.
3. The fire safety performance standard under this subsection shall be applied only to a complete test trial, which shall consist of 40 replicate tests for each cigarette tested.
167.35(3)(a)4.
4. Each laboratory conducting the testing shall implement a quality control and quality assurance program that meets the requirements under
par. (b) and that includes a procedure that will determine the repeatability of the results from the testing. The repeatability value may not be greater than 0.19.
167.35(3)(a)5.
5. Each laboratory conducting the test under this subsection shall be accredited pursuant to the standard ISO/IEC 17025 of the International Organization for Standardization or other comparable accreditation standard required by the department.
167.35(3)(b)
(b)
Quality control and quality assurance program. For purposes of
par. (a) 4., a quality control and quality assurance program shall include a laboratory procedure that ensures all of the following:
