§ 39-1.2-5 - Notice of excavation.
SECTION 39-1.2-5
§ 39-1.2-5 Notice of excavation. –Except as provided in § 39-1.2-9, any person, public agency or publicutility responsible for excavating within one hundred feet (100') or fordischarging explosives within one hundred feet (100') of a public utilityfacility shall notify the association of the proposed excavation or dischargeby telephone at least seventy-two (72) hours, excluding Saturdays, Sundays, andholidays, but not more than thirty (30) days before commencing the excavationor discharge of explosives. Actual excavation must thereupon commence withinthirty (30) days and be completed within sixty (60) days, including Saturdays,Sundays and holidays, or the excavator must renotify the association. Eachpublic utility shall, upon receipt of each notice of excavation, mark withinseventy-two (72) hours or, where applicable in accordance with §39-1.2-12, re-mark within forty-eight (48) hours, the location of allunderground facilities. If an excavator determines that a public utilityfacility has been mismarked, the excavator may notify the association and theappropriate public utility shall remark no later than three (3) hours afterreceipt of notification from the association. The failure to mark or re-markthe location of all underground facilities upon each notice of excavation shallconstitute a separate violation of this chapter. Where an excavation is to bemade by a contractor as part of the work required by a contract with the stateor with any political subdivision thereof or other public agency, for theconstruction, reconstruction, relocation, or improvement of a public way or forthe installation of a railway track, conduit, sewer, or water main, thecontractor shall be deemed to have complied with the requirements of thissection by giving one such notice as required by this section except, whenunanticipated obstructions are encountered, setting forth the location and theapproximate time required to perform the work involved to the association. Inaddition, the initial notice shall indicate whether the excavation isanticipated to involve blasting and if so, the date on which and specificlocation at which the blasting is to occur. If after the commencement of anexcavation, it is found there is an unanticipated obstruction requiringblasting, the excavator shall give at least four (4) hours notice to theassociation before commencing the blasting. When demolition of a buildingcontaining a public utility facility is proposed, the public utility orutilities involved will be given written notice by registered mail at least ten(10) days prior to the commencement of the demolition of the building. Allnotices shall include the name, address, and telephone number of the entitygiving notice, the name of the person, public agency, or public utilityperforming the work, and the commencement date and proposed type of excavation,demolition, or discharge of explosives. The association shall immediatelytransmit the information to the public utilities whose facilities may beaffected. An adequate record shall be maintained by the association to documentcompliance with the requirements of this chapter.