2006 Ohio Revised Code - 3781.27. Developer to notify protection service of intended excavation; duties of utility and developer.

§ 3781.27. Developer to notify protection service of intended excavation; duties of utility and developer.
 

Sections 3781.27 to 3781.32 do not apply to "public improvements" as defined in section 153.64 of the Revised Code. 

(A) In order to ascertain the name of each utility with underground utility facilities located at the proposed excavation site and the types and approximate location of those facilities based on records of the utility, any developer who is planning a project that will require excavation shall notify the protection service of the location of the proposed excavation site. 

(B) Except in the case of limited basis participants, the protection service shall provide notice of the proposed excavation to each participant in the service that has underground utility facilities in the area of the proposed excavation site. In the case of limited basis participants, the protection service shall notify the developer of the name of each limited basis participant with underground utility facilities within the municipal corporation or township and county of the proposed excavation site, and the developer shall contact that utility. 

(C) Each utility that has any underground utility facilities in the area of the proposed excavation site shall notify the developer of the approximate locations and description of the utility's underground utility facilities located at the proposed excavation site, or that the utility does not have any underground utility facilities at the site. The utility shall make this notification within ten days of receiving a notice under division (B) of this section or by a later date acceptable to the developer and utility. In the case of an interstate hazardous liquid pipeline or an interstate gas pipeline, the utility also shall provide written notice to the developer of any special notification requirements. 

(D) The utility shall determine if any relocation, support, or removal, or protective steps beyond those described in divisions (A) to (D) of section 3781.30 of the Revised Code are required in order to prevent disturbance or interference with the underground utility facilities during excavation. The utility shall determine whether it will permit the developer to make those adjustments, and, if the adjustments are to be made by the utility, a reasonable amount of time necessary to make those adjustments. 

(E) (1) Based on the information provided pursuant to division (C) of this section, the developer shall indicate the approximate locations of underground utility facilities either on or with the plans prepared for the project. The developer shall include with the plans the names, addresses, and telephone numbers of utilities with underground facilities at the excavation site, indicating which utilities are limited basis participants; the name and telephone number of the protection service; and any required adjustments as described in division (D) of this section, including the reasonable time necessary for the utility to make those adjustments. In the case of an interstate hazardous liquid pipeline or an interstate gas pipeline, the developer also shall include any special notification requirements. 

(2) (a) Except as otherwise provided in division (E)(2)(b) of this section, the developer shall provide the plans to the excavator before excavation begins. If the developer does not prepare written plans or have any written plans prepared, he shall otherwise provide the approximate locations, identifying information on the utilities, information on required adjustments, and any special notification requirements to the excavator before excavation begins. 

(b) When the developer is a utility, he shall provide either the plans or the approximate locations, identifying information on the utilities, information on required adjustments, and any special notification requirements to the excavator before excavation begins. 

(3) The developer shall design the project taking into account the approximate location of existing underground utility facilities in order to prevent, as far as is practicable, disturbance or interference with those facilities. 

(4) When a project includes installation of new underground utility facilities, the developer shall attempt to design the installation so that at least a twelve-inch clearance is provided between the facilities. No facility shall be installed with less than a twelve-inch clearance unless the owners of existing facilities are notified prior to installation. 

(F) (1) This section does not apply in the case of a utility making emergency repair to its own underground utility facility. 

(2) This section does not apply in the case of the owner of the types of real property identified in divisions (C)(1) to (4) of section 3781.25 of the Revised Code, unless the owner employs a designer to make written plans for work that will involve excavation. If the owner employs a designer, the designer shall contact the utility protection service and utilities that are limited basis participants in accordance with divisions (A) and (B) of this section, and shall include in or with the plans the information required under division (E) of this section. The owner shall provide that information to the excavator. 
 

HISTORY: 142 v S 174. Eff 3-14-89.