2015 Delaware Code
Title 16 - Health and Safety
CHAPTER 74B. OVERHEAD HIGH-VOLTAGE LINE SAFETY
§ 7404B Activity near overhead lines; safety restrictions.

Unless the Field Visitation or written approval described in § 7402B(3) of this title has been obtained and/or there is a written determination that the line is not energized pursuant to § 7402B(3) of this title:

(1) A person shall not, individually or through an agent or employee, require or permit any person to perform any function or activity upon any land, building, highway or other premises if at any time during the function or activity such person will be required or permitted to place himself or herself, or will be placed within dangerous proximity of any high voltage overhead line, or such person will use tools or materials which will be placed by said person within dangerous proximity of any such high voltage overhead line.

(2) A person shall not, individually or through an agent or employee, operate any mechanical equipment, hoisting equipment, load equipment or equipment of any description so that any portion of such equipment enters into dangerous proximity of any high voltage overhead line.

72 Del. Laws, c. 193, § 1.;

§ 7405B Activity in dangerous proximity to high voltage overhead lines; clearance arrangements, procedures, notice.

If any person intends to carry on any function, activity, work or operation within dangerous proximity of any high voltage overhead line, the person responsible for performing the function, activity, operation or work shall promptly notify the public utility operating the high voltage line. The person may perform such task only after mutually agreeable measures to prevent contact with the applicable high voltage line(s) ("preventive measures") have been established and the public utility has given written approval to take such measures and perform the task. Thereafter, such work shall be performed only in accordance with the restrictions or conditions described in such written approval. Such preventive measures may include, but may not be limited to:

(1) Coordination of the work and construction schedules between the utility and the person responsible for performing the work;

(2) The placement of temporary mechanical barriers to separate and prevent contact between material, equipment and/or persons and the high voltage line;

(3) Temporary de-energization and grounding the high voltage lines; and/or

(4) Temporary relocation or raising of the high voltage overhead lines.

At the sole discretion of the utility, costs incurred in devising and implementing such preventive measures shall be borne by the person responsible for performing the work in dangerous proximity to the high voltage overhead line.

72 Del. Laws, c. 193, § 1.;

§ 7406B Penalties and civil liability.

(1) Any person and/or agent of a person who violates this chapter may be subject to a civil penalty in an amount not to exceed $1,000 for each violation, to be imposed by the court in favor of the State to be deposited in the General Fund.

(2) If a violation of this chapter results in physical or electrical contact with any high voltage overhead line, the person violating or causing this chapter to be violated is liable to the public utility for all damages to the overhead line and related facilities and all costs and expenses, including damages owing to third persons, and cost of defense incurred by the public utility or such third persons as a result of such contact.

72 Del. Laws, c. 193, § 1.;

§ 7407B Exemptions.

This chapter does not apply to construction, reconstruction, operation or maintenance of overhead electrical or communication circuits or conductors and their supporting structures or electrical generating, transmission or distribution systems or communication systems by an authorized person or to any other acts performed within the scope of employment of an authorized person and requiring such authorized person to work in contact with or in proximity to such overhead circuits, conductors, structures and systems.

72 Del. Laws, c. 193, § 1.;

§ 7408B Jurisdiction.

The Superior Court shall have jurisdiction over violations of this chapter.

72 Del. Laws, c. 193, § 1.;