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367.4903 Definitions for KRS 367.4903 to 367.4917.
As used in KRS 367.4903 to 367.4917:
(1) "Underground facility" means an underground line or system used for
producing, storing, conveying, transmitting, or distributing telecommunications,
electricity, gas, petroleum, petroleum products, cable television, hazardous
liquids, water, steam, or sewerage, including storm drainage;
(2) "Damage" means weakening of structural or lateral support or penetration of a
facility coating, housing, or other protective device. It also means the partial or
complete dislocation or severance of underground facilities;
(3) "Demolition" means any operation by which a structure or mass of material is
wrecked, razed, moved, or removed by means of mechanized equipment, or
discharge of explosives;
(4) "Excavator" means any entity or individual, other than those exempted by KRS
367.4915, engaged in excavation, demolition, or timber harvesting using
mechanized equipment;
(5) "Operator" means any entity or individual owning or operating underground
facilities to serve the public;
(6) "Excavation" means any activity that results in the movement, placement,
probing, boring, or removal of earth, rock, or other material in or on the ground
by the use of any tools or equipment, by the discharge of explosives, or by the
harvesting of timber using mechanized equipment. Forms of excavating include
but are not limited to auguring, backfilling, digging, ditching, drilling, driving,
grading, piling, pulling-in, ripping, scraping, trenching, and tunneling;
(7) "Emergency" means there exists substantial likelihood that loss of life or
property or the inability to restore interrupted utility service will result before
procedures required under KRS 367.4909 to 367.4913 can be completed;
(8) "Protection notification center" means an operator-provided notification center
through which an excavator can contact the operator to enable the operator to
provide the excavator with the approximate location of underground facilities;
(9) "One-call center" means a multimember protection notification center providing
a single telephone contact number and designated by the Kentucky Public
Service Commission to be the sole recipient of 811 dialed calls through which
an excavator may contact all operator one-call center members and all affected
operators may receive information to enable them to provide the excavator with
the approximate location of underground facilities;
(10) "Routine road maintenance" means preservation, including road repairs and
resurfacing, but does not include road construction or penetration of existing
grade;
(11) "Approximate location," when referring to an underground facility, means:
(a) For underground metallic facilities and underground nonmetallic facilities
with metallic tracer wire, a distance not to exceed the combined width of
the underground facility plus eighteen (18) inches measured from the
outer edge of each side of the underground facility; or
(b) For nonmetallic facilities without metallic tracer wire, the underground
facility shall be located as accurately as possible from field location
(12)
(13)
(14)
(15)
(16)
(17)
records;
"Business day" means any day except Saturday, Sunday, and holidays
established by federal or state statute;
"Nonintrusive excavating" means excavation using hand tools or equipment
that uses air or water pressure as the direct means to break up soil for removal
by hand tools or vacuum excavation;
"Mechanized equipment" means mechanical power equipment, including
trenchers, bulldozers, power shovels, augers, backhoes, scrapers, drills, cable
and pipe plows, hydroexcavators, skidders, and yarders;
"Normal excavation locate request" means a notification made to a protection
notification center where a request for locating utility facilities is processed;
"Emergency locate request" means a notification made to a protection
notification center by an excavator to alert facility owners or operators of the
need to begin immediate excavation in response to an emergency; and
"Design locate request" means a notification made to a protection notification
center in preparation for bidding, preconstruction engineering, or other advance
planning efforts. A design locate request may not be used for excavation
purposes.
Effective:July 12, 2012
History: Amended 2012 Ky. Acts ch. 137, sec. 1, effective July 12, 2012. -Amended 2008 Ky. Acts ch. 180, sec. 1, effective July 15, 2008. -- Amended
2000 Ky. Acts ch. 222, sec. 1, effective July 14, 2000. -- Created 1994 Ky. Acts
ch. 425, sec. 2, effective January 1, 1995.
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