Each climbing facility operator shall do all of the following:

Terms Used In Ohio Code 4175.03

  • Climber: includes any person entering a climbing facility as an invitee, whether or not the person pays consideration to enter. See Ohio Code 4175.01
  • Climbing facility: means a facility or premises used by the public not located in an amusement park, carnival, or on public land designed and built for the sport of rock climbing, recreational climbing, or competitive climbing, including ascending, descending, and traversing over simulated rock surfaces that use belay systems in their normal operation. See Ohio Code 4175.01
  • Climbing facility operator: means a person who owns, manages, controls, directs, or has operational responsibility for a climbing facility. See Ohio Code 4175.01
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Personal protective equipment: means clothing, garments, harnesses, or other items designed to protect a climber from injury while rock climbing. See Ohio Code 4175.01
  • state: means the state of Ohio. See Ohio Code 1.59

(A) Maintain a policy of liability insurance in accordance with section 4175.08 of the Revised Code;

(B) Comply with all manufacturer instructions and requirements regarding the manufactured climbing wall, including the operation, inspection, repair, modification, or replacement o f the wall or a component of the wall;

(C) Comply with all manufacturer instructions and requirements for use of climbing facility-owned personal protective equipment, including the operation, inspection, repair, modification, or replacement of the personal protective equipment;

(D) Post rules and warnings for climbers and spectators. The rules and warnings must be clearly legible and be in a conspicuous location in the climbing facility.

(E) Conduct an orientation of the climbing facility for all climbers. The orientation shall contain a notice of climber responsibility as described in section 4175.05 of the Revised Code.

(F) Maintain the walls, flooring, anchors, holds, ropes, connectors, and facility-owned personal protective equipment in serviceable condition;

(G) Conduct criminal history inquiries of all individuals eighteen years of age or older who seek employment for the positions of manager, assistant manager, instructor, route setter, coach, assistant coach, or similar positions. The climbing facility owner shall require each applicant for employment in these positions who are eighteen years of age or older to provide consent to a criminal records check, in accordance with section 109.572 of the Revised Code, as part of the applicant’s application for employment. The bureau of criminal identification and investigation shall comply with a criminal records check made pursuant to this section.

(H) Maintain sufficient staffing to control access to the facility, supervise the facility during its hours of operation, a nd provide emergency assistance as needed;

(I) Maintain sufficient records for the operation of the climbing facility, including:

(1) A record of all purchases of facility-owned personal protective equipment;

(2) A record of all inspections, maintenance, or repairs conducted on the manufactured climbing wall, excluding holds;

(3) A record of all inspections on facility-owned personal protective equipment.

(J) Comply with all applicable state and local building, fire, and zoning requirements ;

(K)(1) Conduct inspections of the manufactured climbing wall per the manufacturer’s instructions or every four years, whichever is sooner;

(2) The inspection shall be conducted by either of the following:

(a) The manufacturer or the manufacturer’s representative;

(b) A licensed professional engineer.

(3) Evidence of such an inspection shall be filed with the department of commerce.

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