Bill Text: OH HB458 | 2011-2012 | 129th General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: To modify the call before you dig notification system.
Spectrum: Bipartisan Bill
Status: (Passed) 2013-03-27 - Effective Date [HB458 Detail]
Download: Ohio-2011-HB458-Introduced.html
As Introduced
A BILL
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Bill Title: To modify the call before you dig notification system.
Spectrum: Bipartisan Bill
Status: (Passed) 2013-03-27 - Effective Date [HB458 Detail]
Download: Ohio-2011-HB458-Introduced.html
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Representative Sprague
To amend sections 153.64, 3781.25, 3781.26, 3781.27, | 1 |
3781.28, 3781.29, 3781.30, 3781.31, and 3781.32 | 2 |
and to enact section 3781.261 of the Revised Code | 3 |
to modify the call before you dig notification | 4 |
system. | 5 |
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 153.64, 3781.25, 3781.26, 3781.27, | 6 |
3781.28, 3781.29, 3781.30, 3781.31, and 3781.32 be amended and | 7 |
section 3781.261 of the Revised Code be enacted to read as | 8 |
follows: | 9 |
Sec. 153.64. (A) As used in this section: | 10 |
(1) "Public improvement" means any construction, | 11 |
reconstruction, improvement, enlargement, alteration, or repair of | 12 |
a building, highway, drainage system, water system, road, street, | 13 |
alley, sewer, ditch, sewage disposal plant, water works, and all | 14 |
other structures or works of any nature by a public authority. | 15 |
(2) "Public authority" includes the state, or a county, | 16 |
township, municipal corporation, school district, or other | 17 |
political subdivision, or any public agency, authority, board, | 18 |
commission, instrumentality, or special district of or in the | 19 |
state or a county, township, municipal corporation, school | 20 |
district, or other political subdivision. | 21 |
(3) "Underground utility facilities" includes any item buried | 22 |
or placed below ground or submerged under water for use in | 23 |
connection with the storage or conveyance of water or sewage; or | 24 |
electronic, telephonic, or telegraphic communications; | 25 |
electricity; electric energy; petroleum products; manufactured, | 26 |
mixed, or natural gas; synthetic or liquified natural gas; propane | 27 |
gas; or other substances. "Underground utility facilities" | 28 |
includes, but is not limited to, all operational underground | 29 |
pipes, sewers, tubing, conduits, cables, valves, lines, wires, | 30 |
manholes, and attachments, whether owned by any public or private | 31 |
or profit or nonprofit person, firm, partnership, company, | 32 |
corporation, joint stock association, joint venture, or voluntary | 33 |
association, wherever organized or incorporated, except for a | 34 |
private septic system in a single- or
| 35 |
utilized only for that dwelling and not connected to any other | 36 |
system. | 37 |
(4) " | 38 |
a notification center not an owner of an underground utility | 39 |
facility | 40 |
(a) It exists for the purpose of receiving notice from public | 41 |
authorities and from other persons that plan to prepare plans and | 42 |
specifications for, or engage in, public improvements involving | 43 |
digging, blasting, excavating, or other underground construction | 44 |
activities | 45 |
(b) It distributes the information described in division | 46 |
(A)(4)(a) of this section to its members and participants; | 47 |
(c) It has registered by March 14, 1989 with the secretary of | 48 |
state and the public utilities commission under former division | 49 |
(F) of this section as it existed on that date.
| 50 |
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| 55 |
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| 61 |
plans and specifications for the public improvement within which | 62 |
the work provided for in the contract will be performed. | 63 |
(B) In any public improvement which may involve underground | 64 |
utility facilities, the public authority, prior to preparing plans | 65 |
and specifications, shall contact | 66 |
67 | |
underground utility facilities that are not members of a | 68 |
registered | 69 |
existence and location of all underground utility facilities | 70 |
within the construction area. The public authority shall include, | 71 |
in the plans and specifications for such improvement, the identity | 72 |
and location of the existing underground utility facilities | 73 |
located in the construction area as provided to the public | 74 |
authority by the owner of the underground utility facility and the | 75 |
name, address, and telephone number of each owner of any | 76 |
underground utility facilities in the construction area that does | 77 |
not subscribe to a | 78 |
service. Any anticipated temporary or permanent relocation of | 79 |
underground utility facilities deemed necessary by the public | 80 |
authority shall be negotiated or arranged by the public authority | 81 |
with the owners of the underground utility facilities prior to the | 82 |
start of construction. If a temporary or permanent relocation of | 83 |
utility facilities is necessary, the owner of the underground | 84 |
utility facility shall be given a reasonable time to move such | 85 |
utility facilities unless the contractor to whom the contract for | 86 |
a public improvement is awarded or its subcontractor agrees with | 87 |
the owner of the underground utility facility to coordinate | 88 |
relocation with construction operations. The public authority, | 89 |
within ten calendar days after award of a contract for a public | 90 |
improvement, shall notify in writing all owners of underground | 91 |
utility facilities known to be located in the construction area of | 92 |
the public improvement of the name and address of the contractor | 93 |
to whom the contract for the public improvement was awarded. Where | 94 |
notice is given in writing by certified mail, the return receipt, | 95 |
signed by any person to whom the notice is delivered, shall be | 96 |
conclusive proof of notice. | 97 |
| 98 |
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govern public improvements to the extent they are applicable. | 118 |
(D) If the public authority fails to comply with the | 119 |
requirements of division (B) of this section, the contractor to | 120 |
whom the work is awarded or its subcontractor complies with the | 121 |
requirements of division (C) of this section, and the contractor | 122 |
or its subcontractor encounters underground utility facilities in | 123 |
the construction area that would have been shown on the plans and | 124 |
specifications for such improvement had | 125 |
126 | |
facility who is not a member of a | 127 |
protection service whose name, address, and telephone number is | 128 |
provided by the public authority been contacted, then the | 129 |
contractor, upon notification to the public authority, is entitled | 130 |
to an increase to the contract price for itself or its | 131 |
subcontractor for any additional work that must be undertaken or | 132 |
additional time that will be required and is entitled to an | 133 |
extension of the completion date of the contract for the period of | 134 |
time of any delays to the construction of the public improvement. | 135 |
In the event of a dispute as to the application of this | 136 |
section, procedures may be commenced under the applicable terms of | 137 |
the construction contract, or if the contract contains no | 138 |
provision for final resolution of the dispute, pursuant to the | 139 |
procedures for arbitration in Chapter 2711. of the Revised Code. | 140 |
This section does not affect rights between the contractors | 141 |
and the public authority for any increase in contract price or | 142 |
additional time to perform the contract when the public authority | 143 |
complies with division (B) of this section. | 144 |
Any public authority who complies with the requirements of | 145 |
division (B) of this section and any contractor or its | 146 |
subcontractor who complies with the requirements of division (C) | 147 |
of this section shall not be responsible to the owner of the | 148 |
underground utility facility if underground utility lines are | 149 |
encountered not as marked in accordance with the provisions of | 150 |
division (C) of this section by the owner of the underground | 151 |
utility facility, unless the contractor or its subcontractor has | 152 |
actual notice of the underground utility facility. Except as noted | 153 |
in this division, this section does not affect rights between the | 154 |
contractor or its subcontractor and the owner of the underground | 155 |
utility facility for failure to mark or erroneously marking | 156 |
utility lines. The public authority shall not make as a | 157 |
requirement of any contract for public improvement any change in | 158 |
responsibilities between the public authority and the owners of | 159 |
the underground utility facilities in connection with damage, | 160 |
injury, or loss to any property in connection with underground | 161 |
utility facilities. | 162 |
The contractor or its subcontractor shall alert immediately | 163 |
the occupants of nearby premises as to any emergency that the | 164 |
contractor or subcontractor may create or discover at or near such | 165 |
premises. The contractor or its subcontractor shall report | 166 |
immediately to the owner or operator of the underground facility | 167 |
any break or leak on its lines or any dent, gouge, groove, or | 168 |
other damage to such lines or to their coating or cathodic | 169 |
protection, made or discovered in the course of their excavation. | 170 |
(E) This section does not affect rights between the public | 171 |
authority and the owners of the underground utility facilities for | 172 |
responsibility for costs involving removal, relocation, or | 173 |
protection of existing underground utility facilities, or for | 174 |
costs for delays occasioned thereby. | 175 |
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Sec. 3781.25. As used in sections 3781.25 to 3781.32 of the | 183 |
Revised Code: | 184 |
(A) "Protection service" means a notification center, but not | 185 |
an owner of an individual utility, that exists for the purpose of | 186 |
receiving notice from persons that prepare plans and | 187 |
specifications for or that engage in excavation work, that | 188 |
distributes this information to its members and participants, and | 189 |
that | 190 |
state and the public utilities commission of Ohio under former | 191 |
division (F) of section 153.64 of the Revised Code as it existed | 192 |
on | 193 |
(B) "Underground utility facility" | 194 |
buried or placed below | 195 |
submerged under water for use in connection with the storage or | 196 |
conveyance of water or sewage; electronic, telephonic, or | 197 |
telegraphic communications; television signals; electricity; | 198 |
electric energy; crude oil; petroleum products; artificial or | 199 |
liquefied petroleum; manufactured, mixed, or natural gas; | 200 |
synthetic or liquefied natural gas; propane gas; coal; steam; hot | 201 |
water; or other substances | 202 |
"Underground utility facility" includes all operational | 203 |
underground pipes, sewers, tubing, conduits, cables, valves, | 204 |
lines, wires, worker access holes, and attachments, owned by any | 205 |
person, firm, or company. "Underground utility facility" does not | 206 |
include either of the following: | 207 |
(1) A private septic | 208 |
multi-family dwelling utilized only for that dwelling and not | 209 |
connected to any other system; | 210 |
(2) An oil or gas producing facility that is not regulated by | 211 |
the "Natural Gas Pipeline Safety Act of 1968," 82 Stat. 720, 49 | 212 |
U.S.C. 1671, if the facility is not located in an "urbanized | 213 |
area," as defined in section 1509.03 of the Revised Code. | 214 |
(C) "Utility" means any owner or operator, or an agent of an | 215 |
owner or operator, of an underground utility facility, including | 216 |
any public authority | 217 |
218 | |
219 | |
types of real property with respect to any underground utility | 220 |
facility located on that property: | 221 |
(1) The owner of a single-family or two-, three-, or | 222 |
four-unit residential dwelling; | 223 |
(2) The owner of an apartment complex; | 224 |
(3) The owner of a commercial or industrial building or | 225 |
complex of buildings, including but not limited to, factories and | 226 |
shopping centers; | 227 |
(4) The owner of a farm. | 228 |
(D) | 229 |
the underground utility facility including the width of the | 230 |
underground utility facility plus eighteen inches on | 231 |
all sides of the facility. | 232 |
(E) " | 233 |
legal holidays as defined in section 1.14 of the Revised Code and | 234 |
"hours" excludes hours on Saturdays, Sundays, and legal holidays. | 235 |
(F) "Designer" means an engineer, architect, landscape | 236 |
architect, contractor, or other person who develops plans or | 237 |
designs for real property improvement or any other activity that | 238 |
will involve excavation. | 239 |
(G) "Developer" means the person for whom the excavation is | 240 |
made and who will own or be the lessee of any improvement that is | 241 |
the object of the excavation. | 242 |
(H) "Excavation" means the use of hand tools, powered | 243 |
equipment, or explosives to move earth, rock, or other materials | 244 |
in order to penetrate or bore or drill into the earth, or to | 245 |
demolish any structure whether or not it is intended that the | 246 |
demolition will disturb the earth. "Excavation" includes such | 247 |
agricultural operations as the installation of drain tile, but | 248 |
excludes agricultural operations such as tilling that do not | 249 |
penetrate the earth to a depth of more than twelve inches. | 250 |
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253 | |
that do not involve disturbance to the earth's surface. | 254 |
(I) "Excavation site" means the area within which excavation | 255 |
will be performed. | 256 |
(J) "Excavator" means the | 257 |
or persons responsible for making the actual excavation. | 258 |
(K) "Interstate gas pipeline" means an interstate gas | 259 |
pipeline subject to the "Natural Gas Pipeline Safety Act of 1968," | 260 |
82 Stat. 720, 49 U.S.C. 1671, as amended. | 261 |
(L) "Interstate hazardous liquids pipeline" means an | 262 |
interstate hazardous liquids pipeline subject to the "Hazardous | 263 |
Liquid Pipeline Safety Act of 1979," 93 Stat. 1003, 49 U.S.C. | 264 |
2002, as amended. | 265 |
(M) "Special notification requirements" means requirements | 266 |
for notice to an owner of an interstate hazardous liquids pipeline | 267 |
or an interstate gas pipeline that must be made prior to | 268 |
commencing excavation and pursuant to the owner's public safety | 269 |
program adopted under federal law. | 270 |
(N) "Commercial excavator" means any excavator, excluding a | 271 |
utility as defined in this section, that satisfies both of the | 272 |
following: | 273 |
(1) For compensation, performs, directs, supervises, or is | 274 |
responsible for the excavation, construction, improvement, | 275 |
renovation, repair, or maintenance on a construction project and | 276 |
holds out or represents oneself as qualified or permitted to act | 277 |
as such; | 278 |
(2) Employs tradespersons who actually perform excavation | 279 |
construction, improvement, renovation, repair, or maintenance on a | 280 |
construction project. | 281 |
(O) "Person" has the same meaning as in section 1.59 of the | 282 |
Revised Code and also includes a public authority. | 283 |
(P) "Positive response system" means an automated system | 284 |
facilitated by a protection service allowing a utility to | 285 |
communicate to an excavator the presence or absence of any | 286 |
conflict between the existing underground utility facilities and | 287 |
the proposed excavation site. | 288 |
(Q) "Project" means any undertaking by a private party of an | 289 |
improvement requiring excavation. | 290 |
(R) "Public authority" has the same meaning as in section | 291 |
153.64 of the Revised Code. | 292 |
(S) "Improvement" means any construction, reconstruction, | 293 |
improvement, enlargement, alteration, or repair of a building, | 294 |
highway, drainage system, water system, road, street, alley, | 295 |
sewer, ditch, sewage disposal plant, water works, and all other | 296 |
structures or works of any nature. | 297 |
(T) "Emergency" means an unexpected occurrence causing a | 298 |
disruption or damage to an underground utility facility that | 299 |
requires immediate repair or a situation that creates a clear and | 300 |
imminent danger that demands immediate action to prevent or | 301 |
mitigate loss of or damage to life, health, property, or essential | 302 |
public services. | 303 |
(U) "Nondestructive manner" means using low-impact, low-risk | 304 |
technologies such as hand tools, or hydro or air vacuum excavation | 305 |
equipment. | 306 |
Sec. 3781.26. (A) Each utility that owns or operates | 307 |
underground utility facilities shall participate in and register | 308 |
the location of its underground utility facilities with a | 309 |
protection service that serves the area where the facilities are | 310 |
located. A utility may elect to participate in the service on a | 311 |
limited basis and if it does so, it shall register the location of | 312 |
its underground utility facilities | 313 |
municipal corporations, and outside the limits of a municipal | 314 |
corporation, the townships by county and, where applicable, the | 315 |
immediate geographic area in which it has facilities. The service | 316 |
shall establish reasonable fees for limited basis participants. | 317 |
Any utility that elects to participate on a limited basis shall | 318 |
fully participate in and register the location of its underground | 319 |
utility facilities with the appropriate protection service within | 320 |
four years after the effective date of this amendment. | 321 |
(B) Protection services, utilities, commercial excavators, | 322 |
excavation equipment dealers, the public utilities commission of | 323 |
Ohio, the board of building standards, local law enforcement | 324 |
agencies, and fire departments should publicize the importance of | 325 |
ascertaining the location of underground utility facilities before | 326 |
excavating and the use of protection services to ascertain that | 327 |
information. | 328 |
(C) A protection service shall maintain records of | 329 |
notifications received from developers, designers, and excavators, | 330 |
and of its notifications made to utilities, developers, designers, | 331 |
and excavators, under sections 3781.27 and 3781.28 of the Revised | 332 |
Code. The records of a protection service shall identify by | 333 |
reference number, the notifications it received regarding a | 334 |
proposed excavation site, the notifications it provided regarding | 335 |
a proposed excavation site, and the date and time of each | 336 |
notification. | 337 |
(D) Each utility fully participating in a protection service | 338 |
pursuant to this section shall also participate in its affiliated | 339 |
positive response system. Each utility participating in a | 340 |
protection service on a limited basis shall directly communicate | 341 |
to the excavator the presence or absence of any conflict between | 342 |
the existing underground utility facilities and the proposed | 343 |
excavation site. | 344 |
Sec. 3781.261. Not later than four years after the effective | 345 |
date of this section, every commercial excavator shall be a member | 346 |
of a protection service, and that protection service shall impose | 347 |
a reasonable membership fee. | 348 |
Sec. 3781.27. | 349 |
350 | |
351 |
(A) In order to ascertain the name of each utility with | 352 |
underground utility facilities located at the proposed excavation | 353 |
site and the types and | 354 |
those facilities based on up-to-date records of the utility, any | 355 |
developer who is planning a project that will require excavation | 356 |
shall notify | 357 |
proposed excavation site. | 358 |
(B) Except in the case of limited basis participants, | 359 |
each protection service shall provide notice of the proposed | 360 |
excavation to each participant in the service that has underground | 361 |
utility facilities in the area of the proposed excavation site. In | 362 |
the case of limited basis participants, | 363 |
service shall notify the developer of the name of each limited | 364 |
basis participant with underground utility facilities within the | 365 |
municipal corporation or township and county of the proposed | 366 |
excavation site, and the developer shall contact that utility. | 367 |
(C) Each utility that has any underground utility facilities | 368 |
in the area of the proposed excavation site shall notify the | 369 |
developer of the | 370 |
description of the utility's underground utility facilities | 371 |
located at the proposed excavation site, or that the utility does | 372 |
not have any underground utility facilities at the site. The | 373 |
utility shall make this notification within ten working days of | 374 |
receiving a notice under division (B) of this section or by a | 375 |
later date acceptable to the developer and utility. In the case of | 376 |
an interstate hazardous liquid pipeline or an interstate gas | 377 |
pipeline, the utility also shall provide written notice to the | 378 |
developer of any special notification requirements. | 379 |
(D) The utility shall determine if any relocation, support, | 380 |
or removal, or protective steps beyond those described in | 381 |
divisions (A)(1) to | 382 |
are required in order to prevent disturbance or interference with | 383 |
the underground utility facilities during excavation. The utility | 384 |
shall determine whether it will permit the developer to make those | 385 |
adjustments, and, if the adjustments are to be made by the | 386 |
utility, a reasonable amount of time necessary to make those | 387 |
adjustments. | 388 |
(E)(1) Based on the information provided pursuant to division | 389 |
(C) of this section, the developer shall indicate the
| 390 |
391 | |
on or with the plans prepared for the project. The developer shall | 392 |
include with the plans the names, addresses, and telephone numbers | 393 |
of utilities with underground facilities at the excavation site, | 394 |
indicating which utilities are limited basis participants; the | 395 |
name and telephone number of | 396 |
service; and any required adjustments as described in division (D) | 397 |
of this section, including the reasonable time necessary for the | 398 |
utility to make those adjustments. In the case of an interstate | 399 |
hazardous liquid pipeline or an interstate gas pipeline, the | 400 |
developer also shall include any special notification | 401 |
requirements. | 402 |
(2)(a) Except as otherwise provided in division (E)(2)(b) of | 403 |
this section, the developer shall provide the plans to the | 404 |
commercial excavator | 405 |
into a contract that involves such excavation. If the developer | 406 |
does not prepare written plans or have any written plans prepared, | 407 |
408 | |
tolerance zones, identifying information on the utilities, | 409 |
information on required adjustments, and any special notification | 410 |
requirements to the commercial excavator before excavation begins. | 411 |
(b) When the developer is a utility, | 412 |
provide either the plans or the | 413 |
zones, identifying information on the utilities, information on | 414 |
required adjustments, and any special notification requirements to | 415 |
the excavator before excavation begins. | 416 |
(3) The developer shall design the project taking into | 417 |
account the | 418 |
underground utility facilities in order to prevent, as far as is | 419 |
practicable, disturbance or interference with those facilities. | 420 |
(4) When a project includes installation of new underground | 421 |
utility facilities, the developer shall attempt to design the | 422 |
installation so that at least a twelve-inch clearance is provided | 423 |
between the facilities. No facility shall be installed with less | 424 |
than a twelve-inch clearance unless the owners of existing | 425 |
facilities are notified, in writing, prior to installation. | 426 |
(F)(1) This section does not apply in the case of a utility | 427 |
making emergency repair to its own underground utility facility. | 428 |
(2) This section does not apply in the case of the owner of | 429 |
the types of real property identified in divisions (C)(1) to (4) | 430 |
of section 3781.25 of the Revised Code, unless the owner employs a | 431 |
designer to make written plans for work that will involve | 432 |
excavation. If the owner employs a designer, the designer shall | 433 |
contact the utility protection service and utilities that are | 434 |
limited basis participants in accordance with divisions (A) and | 435 |
(B) of this section, and shall include in or with the plans the | 436 |
information required under division (E) of this section. The owner | 437 |
shall provide that information to the excavator. | 438 |
Sec. 3781.28. (A) Except as otherwise provided in divisions | 439 |
(C), (D), (E), and (F) of this section, at least
| 440 |
two working days, excluding the day the notice is given, but not | 441 |
more than ten working days before commencing excavation, the | 442 |
excavator shall notify | 443 |
of the excavation site and the date on which excavation is planned | 444 |
to commence. | 445 |
(B) On receipt of notice under division (A) of this section, | 446 |
447 | |
underground utility facilities located at the excavation site, | 448 |
notice of the proposed excavation, except that in the case of a | 449 |
limited basis participant in the service, the service shall notify | 450 |
the excavator of the name of each limited basis participant with | 451 |
underground utility facilities located in the municipal | 452 |
corporation or township and county of the proposed excavation | 453 |
site, and the excavator shall notify the limited basis participant | 454 |
of the proposed excavation at least | 455 |
days, excluding the day the notice is given, but not more than ten | 456 |
working days before commencing excavation. The excavator may make | 457 |
this notification by telephone. | 458 |
(C) In the case of an interstate hazardous liquids pipeline | 459 |
or interstate gas pipeline, the excavator shall comply with the | 460 |
special notice requirements of the public safety program of the | 461 |
owner of the pipeline as indicated in the plans or otherwise | 462 |
provided to the excavator in accordance with division (E) or | 463 |
(F)(2) of section 3781.27 of the Revised Code. | 464 |
(D) If it has been determined pursuant to division (D) of | 465 |
section 3781.27 of the Revised Code that relocation, support, | 466 |
removal, or protective steps are necessary, the excavator shall | 467 |
provide earlier notice to the utility in order to provide the | 468 |
utility with reasonable time to coordinate making the adjustments | 469 |
with actual excavation. | 470 |
(E) If an excavation will cover a large area and will | 471 |
progress from one area to the next over a period of time, the | 472 |
excavator shall provide written notice of excavation with | 473 |
projected timelines for segments of the excavation as the | 474 |
excavation progresses in order to coordinate the marking of | 475 |
476 | |
schedules. Under such circumstances, the utility and excavator | 477 |
shall determine a mutually agreed upon marking schedule based on | 478 |
the project schedule. Once such a schedule is established, the | 479 |
marking and notification requirements set forth in division (A)(1) | 480 |
of section 3781.29 of the Revised Code shall not apply. | 481 |
(F)(1) In the case of a utility that is making an emergency | 482 |
repair to its own underground utility system or a governmental | 483 |
entity making an underground emergency repair to traffic control | 484 |
devices, as defined in section 4511.01 of the Revised Code, used | 485 |
on any street or highway under the entity's jurisdiction, the | 486 |
utility or governmental entity shall notify | 487 |
service and each limited basis participant of the excavation site. | 488 |
This notice need not occur before commencing excavation. | 489 |
(2) In the case of an excavation at the site of real property | 490 |
of the type described in divisions (C)(1) to (4) of section | 491 |
3781.25 of the Revised Code: | 492 |
(a) If the owner of the property is the excavator, this | 493 |
section does not apply unless the excavation is planned for an | 494 |
area where a utility easement is located | 495 |
right-of-way | 496 |
property. | 497 |
(b) If the owner of the property employs an excavator, the | 498 |
excavator shall comply with the requirements of this section. If | 499 |
the owner did not employ a designer to make written plans, the | 500 |
excavator shall provide the notice required under this section to | 501 |
502 | |
basis participant in | 503 |
utility facilities within the municipal corporation or township | 504 |
and county of the excavation site, as indicated by the protection | 505 |
service. | 506 |
Sec. 3781.29. (A)(1) Except as otherwise provided in | 507 |
division (A)(2) of this section, within | 508 |
working days, excluding the day of receiving notice under section | 509 |
3781.28 of the Revised Code, each utility shall review the status | 510 |
of its facilities within the excavation site, locate and mark the | 511 |
512 | |
facilities at the excavation site in such a manner as to indicate | 513 |
their course, and report the appropriate information to the | 514 |
protection service for its positive response system. If a utility | 515 |
does not mark its underground utility facilities or contact the | 516 |
excavator within
| 517 |
518 | |
deemed to have given notice that it does not have any facilities | 519 |
at the excavation site. If the utility cannot accurately mark the | 520 |
521 | |
522 | |
notify the excavator using the positive response system that the | 523 |
markings may not be accurate, and provide additional guidance to | 524 |
the excavator in locating the facilities as needed during the | 525 |
excavation. | 526 |
(2) In the case of an interstate hazardous liquids pipeline | 527 |
or an interstate gas pipeline, the owner of the pipeline shall | 528 |
locate and mark the | 529 |
pipeline within the time frame established in the public safety | 530 |
program of the owner. | 531 |
(B) Unless a facility actually is uncovered or probed by the | 532 |
utility or excavator, any indications of the depth of the facility | 533 |
shall be treated as estimates only. | 534 |
(C) A utility shall mark the | 535 |
zone of its underground facilities using the following color | 536 |
codes: | 537 |
Type of Underground | 538 | |||
Utility Facility | Color | 539 | ||
Electric power transmission | Safety red | 540 | ||
and distribution | 541 | |||
Gas transmission and distribution | High visibility safety yellow | 542 | ||
Oil transmission and distribution | High visibility safety yellow | 543 | ||
Dangerous materials, product | High visibility safety yellow | 544 | ||
lines, and steam lines | 545 | |||
Telephone and telegraph systems | Safety alert orange | 546 | ||
Police and fire communications | Safety alert orange | 547 | ||
Cable television | Safety alert orange | 548 | ||
Water systems | Safety precaution blue | 549 | ||
Slurry systems | Safety precaution blue | 550 | ||
Sewer lines | Safety green. | 551 |
(D) Except as otherwise provided in divisions (E) and (F) of | 552 |
this section, prior to notifying a protection service of the | 553 |
proposed excavation, an excavator shall define and premark the | 554 |
immediate area and the perimeter of the proposed excavation site. | 555 |
Proposed construction or excavation markings shall be made in | 556 |
white through the use of an industry-recognized method such as | 557 |
chalk-based paint, flags, stakes, or other method applicable to | 558 |
the specific site and when possible shall indicate the excavator's | 559 |
identity by name, abbreviation, or initial. | 560 |
(E)(1) Before beginning an emergency excavation, or as soon | 561 |
as possible thereafter, an excavator shall make every effort to | 562 |
notify each protection service of the excavation. In providing | 563 |
notification, the excavator shall provide, at a minimum: | 564 |
(a) The name of the individual notifying the protection | 565 |
service; | 566 |
(b) The name, address, any electronic mail address, and any | 567 |
telephone and facsimile numbers of the excavator; | 568 |
(c) The specific location of the excavation site; | 569 |
(d) A description of the excavation. | 570 |
(2) Upon receiving the information set forth in division | 571 |
(E)(1) of this section, the protection service shall provide the | 572 |
excavator with a reference number and a list of utilities that the | 573 |
protection service intends to notify. The protection service shall | 574 |
immediately notify each utility that according to the registration | 575 |
information provided under section 3781.26 of the Revised Code has | 576 |
facilities located within the designated area of the emergency | 577 |
excavation. | 578 |
(3) Any utility notified of an emergency excavation may | 579 |
inspect all of its underground utility facilities located at the | 580 |
emergency excavation site and may take any otherwise lawful action | 581 |
it considers necessary to prevent disturbance to or interference | 582 |
with its facilities during excavation. | 583 |
(F) An excavator is not required to premark a proposed | 584 |
excavation as provided in division (D) of this section in any of | 585 |
the following situations: | 586 |
(1) The utility can determine the precise location, | 587 |
direction, size, and length of the proposed excavation site by | 588 |
referring to the notification provided by the protection service | 589 |
pursuant to sections 3781.27 and 3781.28 of the Revised Code. | 590 |
(2) The excavator and the affected utility have had an | 591 |
on-site, pre-construction meeting for the purpose of premarking | 592 |
the excavation site. | 593 |
(3) The excavation involves replacing a pole that is within | 594 |
five feet of the location of an existing pole. | 595 |
(4) Premarking by the excavator would clearly interfere with | 596 |
pedestrian or vehicular traffic control. | 597 |
Sec. 3781.30. (A) When making excavations using traditional | 598 |
or trenchless technologies, the excavator shall do all of the | 599 |
following: | 600 |
| 601 |
facility and the cutting edge or point of powered equipment; | 602 |
| 603 |
604 | |
those markings are no longer required for proper and safe | 605 |
excavations; | 606 |
| 607 |
zone of underground utility facilities | 608 |
powered equipment, require an individual other than the equipment | 609 |
operator, to | 610 |
611 |
| 612 |
613 | |
prudent, and nondestructive manner,
| 614 |
necessary, to determine and expose the precise location of the | 615 |
facility and to prevent damage; | 616 |
| 617 |
dents, or breaks to coatings, cable sheathes, and cathodic | 618 |
protection anodes or wiring, report the type and location of the | 619 |
damage to the utility and permit the utility a reasonable amount | 620 |
of time to make necessary repairs; | 621 |
| 622 |
service, and, if necessary, to the appropriate law enforcement | 623 |
agencies and fire departments by calling 9-1-1, any damage to an | 624 |
underground utility facility that results in escaping flammable, | 625 |
corrosive, explosive, or toxic liquids or gas, and take reasonable | 626 |
appropriate actions needed to protect persons and property and to | 627 |
minimize safety hazards until those agencies and departments and | 628 |
the utility arrive at the scene. | 629 |
(B) When utilizing trenchless excavation methods, the | 630 |
excavator must comply with the following requirements, in a manner | 631 |
consistent with division (A) of this section: | 632 |
(1) Expose and confirm all underground utility facilities at | 633 |
each crossing point by the proposed excavation in a nondestructive | 634 |
manner; | 635 |
(2) Expose all parallel underground utility facilities in a | 636 |
nondestructive manner at the beginning and end of each trenchless | 637 |
excavation. Any parallel underground utility facility that is | 638 |
within five feet of the proposed alignment shall also be exposed | 639 |
every one hundred feet. Any parallel underground utility facility | 640 |
that is within three feet of the proposed alignment shall be | 641 |
exposed every fifty feet. | 642 |
(3) Ensure that the final product installation maintains the | 643 |
proper clearances of existing underground utility facilities as | 644 |
determined pursuant to division (E)(4) of section 3781.27 of the | 645 |
Revised Code. | 646 |
Sec. 3781.31. (A) When a utility marks the | 647 |
648 | |
accordance with division (A) of section 3781.29 of the Revised | 649 |
Code, the utility may request that the excavator provide prior | 650 |
notice to the utility of the actual commencement of the | 651 |
excavation. An excavator that receives a request for notice under | 652 |
this division shall provide the notice to the utility at least | 653 |
654 | |
of excavation. The excavator may make this notice by telephone. | 655 |
(B) If the markings of | 656 |
made under section 3781.29 of the Revised Code are destroyed or | 657 |
removed before excavation is completed, the excavator shall notify | 658 |
the utility through the protection service that the markings have | 659 |
been destroyed or removed, and the utility shall remark the | 660 |
661 | |
tolerance zones in accordance with division (A) of section 3781.29 | 662 |
of the Revised Code. | 663 |
Sec. 3781.32. (A) Any connections or tie-ins to existing | 664 |
utility services within a public right-of-way shall comply with | 665 |
permit requirements of the public | 666 |
jurisdiction over that right-of-way. | 667 |
(B) A developer shall not require, as a condition for | 668 |
entering into a contract for a project that will require | 669 |
excavation, that responsibility for performance of duties imposed | 670 |
under sections 3781.25 to 3781.32 of the Revised Code shall be | 671 |
assumed by a person other than the person on whom those duties are | 672 |
imposed under those sections. This division does not prohibit a | 673 |
utility from entering into any contract for the performance of | 674 |
duties that are imposed on a utility under those sections. | 675 |
(C) Nothing in sections 3728.25 to 3728.32 of the Revised | 676 |
Code shall be construed to require a utility to relocate its | 677 |
underground utility facilities located at an excavation site. | 678 |
Section 2. That existing sections 153.64, 3781.25, 3781.26, | 679 |
3781.27, 3781.28, 3781.29, 3781.30, 3781.31, and 3781.32 of the | 680 |
Revised Code are hereby repealed. | 681 |