1. (1) General. 526 CMR 10.16 was promulgated under the authority of M.G.L. c. 143, § 71J. All signs governed by 526 CMR 10.16 shall be signage commonly used in the ski industry, unless specifically indicated otherwise. The coloring used in all signs described in 526 CMR 10.16 shall be clear, contrasting, and well defined. Additionally, all signs shall be maintained so as to be readable and recognizable under conditions of ordinary visibility. High visibility caution signage shall be posted at unattended lift stations and include the following (or other Board approved) language: “Warning – Lift may start or stop without warning. Remain clear. Severe injury may result” or “Warning – Lift may start or stop anytime causing severe injury or death.”

2. (2) Downhill (Alpine) Signs.

   1. (a) Difficulty. The level of difficulty of each trail or slope at a ski area shall be identified by placement of the appropriate sign as indicated in 526 CMR 10.16(2)(a)l. through 4. The sign shall be placed in a prominent position at the top or start of each trail. Difficulty ratings shall be determined upon consideration of such factors as a trail's slope gradient and relative difficulty compared to other trails at the ski area. Signage commonly used in the ski industry that meets or exceeds these requirements may be used in place of 526 CMR 10.16(2)(a). Depending upon the degree of difficulty of the trail or slope, the signs shall be marked as follows:

      1. 1. Easiest- signs shall consist of a green circle on a white background with the word EASIEST below the circle.
      2. 2. More difficult - signs shall consist of a blue square on a white background with the words MORE DIFFICULT below the square.
      3. 3. Most difficult- signs shall consist of a black diamond on a white background with the word MOST DIFFICULT below the diamond.
      4. 4. Expert- signs shall consist of two adjacent black diamonds on a white background with the word EXPERT below the diamonds.

   2. (b) Caution.

      1. 1. High visibility caution signage and/or horizontally or diagonally striped orange and black poles shall be posted when and where necessary to adequately alert skiers of known hazards of any slope ortrail and shall be posted an adequate distance uphill to alert skiers of any snow grooming or snowmaking operation. Such signage shall meet or exceed that commonly used and accepted per industry best practices. The provisions of 526 CMR 10.16(2)(b) shall be construed to be consistent with the Rider responsibilities and ski area Operators' protection provided in M.G.L. c. 143, § 71O.
      2. 2. Caution signs shall be posted uphill of any snow grooming or snowmaking operation. The sign shall have an attachment measuring at least four inches by 14 inches affixed to the bottom with either the word SNOWGROOMING OR SNOWMAKING as appropriate. Signage commonly used in the ski industry that meets or exceeds these requirements may be used in place of 526 CMR 10.16(2)(b)4.
   3. (c) Trail Closed. A closed trail shall be marked by a sign consisting of a red octagon shape on white background with a black figure of a skier inside with a diagonal stripe passing through the skier. The word CLOSED shall appear below the octagon. Signage commonly used in the ski industry that meets or exceeds these requirements may be used in place of 526 CMR 10.16(2)(c).

   4. (d) Additional Signage Requirements. There shall be at least one sign in a prominent place within a ski area displaying each of the following:

      1. 1. A map showing all trails and their degree of difficulty.
      2. 2. An explanation and illustration of all signs and markers required by 526 CMR 10.16.
      3. 3. Notice to skiers as required by M.G.L. c. 143, § 71P stating the following: No action shall be maintained against a Ski Area Operator for injury to a skier unless as a condition precedent thereof the person so injured shall, within 90 days of the incident, give to such Ski Area Operator notice, by registered mail, of the name and address of the person injured, the time, place and cause of the injury. Failure to give the foregoing notice shall bar recovery, unless the court finds under the circumstances of the particular case that such Ski Area Operator had actual knowledge of said injury or had reasonable opportunity to learn of said injury within said 90-day period, or was otherwise not substantially prejudiced by reason of not having been given actual written notice of said injury within said period. In a case where lack of written notice, actual knowledge, or a reasonable opportunity to obtain knowledge of any injury within said 90-day period is alleged by such Ski Area Operator, the burden of proving substantial prejudice shall be on the operator.
   5. (e) Hydrant Markers. Snowmaking hydrants located within or upon a slope or trail shall be marked with high visibility caution signage that meets or exceeds that commonly used and accepted per industry best practices

3. (3) Cross Country (Nordic) Signs.

   1. (a) Difficulty. The level of difficulty of each trail or slope at a ski area shall be identified by placement of the appropriate sign. The Signage shall be placed in a prominent position at the top or start of each trail. Difficulty ratings shall be determined upon consideration of such factors as a trail 's slope gradient and relative difficulty compared to other trails at the ski area. Signage commonly used in the ski industry that meets or exceeds these requirements may be used in place of this. Depending upon the degree of difficulty of the trail or slope, the signs shall be marked as follows:

      1. 1. Easiest - signs shall consist of a green circle on a white background with a wavy stripe bisecting the green circle, and the word EASIEST below the circle.
      2. 2. More difficult - signs shall consist of a blue square on a white background with a pronounced white wavy stripe bisecting the square, and the words MORE DIFFICULT below the square.
      3. 3. Most difficult - signs shall consist of a black diamond on a white background with a white zigzag stripe bisecting the diamonds, and the word MOST DIFFICULT below the diamond.
   2. (b) Trail Markers. Cautionary trail markers shall be placed at appropriate intervals along each trail and shall consist of a blue diamond a minimum size of four inches by four inches, or signage that meets or exceeds that commonly used and accepted per industry best practices.

   3. (c) Caution.

      1. 1. High visibility caution signs (such as that including and/or horizontally or diagonally striped orange and black poles)shall be used where and when necessary to adequately alert skiers of any known hazards of any slope or trail at ski areas. Such signage shall meet or exceed that commonly used and accepted per industry best practices. The provisions of 526 CMR 10.16(3)(c)shall not be construed so as to erode the skier responsibilities and ski are operators' protection provided in M.G.L. C. 143, § 71O.
      2. 2. A caution sign shall measure six inches by eight inches and consist of an orange or red triangle on a white or yellow background with an orange or red exclamation point on a yellow background within the triangle. The triangle shall be on a white or yellow background. The word CAUTION shall appear below the triangle. Signage commonly used in the ski industry that meets or exceeds these requirements may be used in place of 526 CMR 10.16(3)(c)2
      3. 3. If used in conjunction with trail grooming, a caution sign shall have a three inch by eight inch white sign with the words TRAIL GROOMING printed in contrasting color fastened to the bottom.
   4. (d) Trail Closed. A closed trail shall be clearly marked by a six inches by eight inches sign with a red octagonal shape on a white background with a black figure of a skier inside the octagon and a diagonal stripe passing through the skier. The word CLOSED shall appear below the octagon. Signage commonly used in the ski industry that meets or exceeds these requirements may be used in place of 526 CMR 10.16(3)(d).

   5. (e) Additional Signage Requirements. There shall be at least one sign in a prominent place within a ski area displaying each of the following:

      1. 1. A map showing all trails and their degree of difficulty.
      2. 2. An explanation and illustration of all signs and markers required by 526 CMR 10.16.
      3. 3. Notice to skiers as required by M.L. c.143, § 71P stating the following: No action shall be maintained against a Ski Area Operator for injury to a skier unless as a condition precedent thereof the person so injured shall, within 90 days of the incident, give to such Ski Area Operator notice, by registered mail, of the name and address of the person injured, the time, place and cause of the injury. Failure to give the foregoing notice shall bar recovery, unless the court finds under the circumstances of the particular case that such Ski Area Operator had actual knowledge of said injury or had reasonable opportunity to learn of said injury within said 90-day period, or was otherwise not substantially prejudiced by reason of not having been given actual written notice of said injury within said period. In a case where lack of written notice, actual knowledge, or a reasonable opportunity to obtain knowledge of any injury within said 90-day period is alleged by such Ski Area Operator, the burden of proving substantial prejudice shall be on the operator.
4. (4) Aerial Lift Loading Signs. A sign shall be placed within a reasonable distance of the loading zone instructing Riders to lower the chair’s safety bar (or passenger restraint device).

REGULATORY AUTHORITY

526 CMR 10.00: M.G.L. c. 143, § 71J.