General Administrative Provisions

(1) Fees. A fee shall be paid by the applicant for each Tramway listed in the License Application according to the fee schedule as set forth by the Commissioner of Administration and Finance in 801 CMR 4.02(526). (2) Insurance. (a) The Ski Area Operator shall furnish proof of financial responsibility to satisfy claims for damages on account of any physical injuries suffered by any Rider by reason of any act or omission on the part of the Ski Area Operator in the minimum amount of $1,000,000 per occurrence naming the Commonwealth of Massachusetts as the certificate holder. (b) Certified Inspectors shall also furnish proof of liability insurance to satisfy claims for damages on account of any physical injuries or property damage suffered by any Rider by reason of any act or omission on the part of the Certified Inspector, his or her agents or employees in the minimum amount of $100,000.00 in combined single limit with respect to bodily injury and property damage. (c) Insurance Exemption. Any privately owned, non-profit ski area which has annual visits of less than 2000 skiers in the year preceding the filing of its application for licensure of its Tramways may apply for exemption from 526 CMR 10.02(2)(a). If an exemption from the insurance requirement is granted by the Board, the licensee must clearly advise all ski visitors to the ski area by means of a written waiver of the lack of insurance. The waiver for all ski visitors under 18 years old must be signed by a parent or guardian. The licensee must maintain a record of all signed waivers for a period of one year. The signed waivers shall be subject to inspection by the Board or its designee. In order to qualify for exemption pursuant to 526 CMR 10.02(2)(c), the owner must submit the following items in place of the documentation required by 526 CMR 10.04(3)(a)4.: 1. proof of ownership of the ski area; 2. proof of non-profit status of the owner of the ski area; 3. documentation as to the number of skier visits from the immediately preceding 12-month period; and 4. a copy of a waiver it will provide to all ski visitors advising of the lack of insurance. (The waiver shall be subject to the approval of the Board.)