§ 95-229.10. Precautionary safety arrangements.
§95‑229.10. Precautionary safety arrangements.
(a) Installation orperformance of precautionary safety arrangements shall be performed by theowner or operator of high‑voltage lines only after mutually satisfactoryarrangements have been negotiated between the owner or the operator of thelines, or both, and the person responsible for the work to be done. Thenegotiations shall proceed promptly and in good faith with the goal ofaccommodating the requested work consistent with the owner's or operator's serviceneeds and the intent to protect the public from the danger of contact with high‑voltagelines as far as is reasonable and cost‑effective. The person responsiblefor the work may perform the work only after satisfactory mutual arrangements,including coordination of work and construction schedules, have been madebetween the owner or operator of the high‑voltage lines and the personresponsible for the work. The owners or operators of high‑voltage linesshall make the final determination as to which arrangements are most feasibleand appropriate under the circumstances; provided, however, that the utilitymay determine that no arrangements can be made that would allow the proposedwork to be carried out in a reasonably safe manner or at reasonable cost takinginto account the cost to its customers, and the owner or operator of high‑voltagelines may refuse to enter into an agreement on that basis.
(b) The precautionarysafety measures shall be appropriate, reasonable, and cost‑effective forthe work of which the owner or operator of high‑voltage lines hasreceived notification. During mutual negotiations, the person responsible forthe work may change the notification of intended work to include different orlimited work so as to reduce the precautionary safety measures required toaccommodate such work. The precautionary safety measures shall not violate therequirements of the current edition of the National Electrical Safety Code.
(c) The owner oroperator of the high‑voltage lines is not required to provide theprecautionary safety arrangements until an agreement for payment has been made;except that, if the amount of payment is in dispute, the owner or operatorshall commence with providing precautionary safety measures as if agreement hadthen been reached and the undisputed amount shall be paid according to theagreement reached as to that amount. If agreement for payment of the disputedamount has not been reached within 14 days from completion of precautionarysafety measures, the owner or operator and the person or business entityresponsible for doing the work may resolve the dispute by arbitration or otherlegal means.
(d) Unless otherwiseagreed, the owner or operator of the high‑voltage lines shall initiatethe precautionary safety arrangements agreed upon within five working daysafter the agreement for payment has been reached as required in subsection (c)of this section, but no earlier than the agreed construction date coordinatedbetween the parties. Once initiated, the owner or operator shall complete thework promptly and without interruption, consistent with the owner's oroperator's service needs. Should the owner or operator of the high‑voltagelines fail to provide the precautionary safety measures agreed upon in a timelymanner, the owner or operator of the high‑voltage lines shall be liablefor costs or loss of production of the person or business entity requestingassistance to work in close proximity to high‑voltage lines, except thatno such liability shall exist during times of emergency, such as storm repairand the like.
(e) Precautionarysafety arrangements may include:
(1) Placement oftemporary mechanical barriers separating and preventing contact betweenmaterial, equipment, other objects, or persons and high‑voltage lines;
(2) Temporary de‑energizationand grounding;
(3) Temporary relocationor raising of the high‑voltage lines; or
(4) Other such measuresfound to be appropriate in the judgment of the owner or operator of the high‑voltagelines.
(f) The actual expenseincurred by any owner or operator of high‑voltage lines in takingprecautionary measures as set out in subsections (a) through (e) of thissection, including the wages of its workers involved in making safetyarrangements, shall be paid by the person responsible for the work to be done,except if:
(1) Any owner oroperator of an overhead high‑voltage line has located its facilitieswithin a public highway or street right‑of‑way and the work isperformed by or for the Department of Transportation or a city, county, ortown, the actual expenses shall be the responsibility of the owner or operatorof the overhead high‑voltage lines, unless the owner or operator canprovide evidence of prior rights or there is a prior written agreementspecifying cost responsibility. However, if it is determined by the Departmentof Transportation or a city, county, or town that the temporary safetyarrangements are for the sole convenience of its contractor, the actual expenseshall be the responsibility of the contractor;
(2) The owner oroperator of the high‑voltage lines has not installed the line inconformance with an applicable edition of the National Electrical Safety Code.In that case, the liability of the person responsible for the work shall belimited to the amount required to accommodate the work over and above theamount required to bring the installation into compliance with the NationalElectrical Safety Code; or
(3) In the case ofproperty used for residential purposes, such actual expenses shall be limitedto those in excess of one thousand dollars ($1,000). (1995(Reg. Sess., 1996), c. 587, s. 1.)