2013 Kentucky Revised Statutes CHAPTER 367 - CONSUMER PROTECTION 367.4909 Operator to provide protection notification center access to excavators -- Color coding for temporary underground facility markers -- Operator's inability to comply due to extraordinary circumstances -- Underground facilities installed after January 1, 2013.
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367.4909 Operator to provide protection notification center access to
excavators -- Color coding for temporary underground facility markers -Operator's inability to comply due to extraordinary circumstances -Underground facilities installed after January 1, 2013.
(1)
(2)
(3)
(4)
(5)
(6)
(7)
Each operator shall provide protection notification center access to excavators.
Voluntary operator membership in the one-call center shall satisfy the
requirement of subsection (1) of this section.
Each operator member of the one-call center shall provide and update as
needed to the one-call center the general location of its underground facilities,
the operator identity and business address, and emergency notification
telephone numbers.
An operator shall respond to facility locate requests as follows:
(a) To a normal excavation locate request within two (2) business days after
receiving notification from an excavator.(b) To an emergency locate
request as quickly as possible but not to exceed forty-eight (48) hours
after receiving notification from an excavator; and
(c) Beginning one (1) year from July 12, 2012, to a design locate request
within ten (10) business days after receiving notification from an
excavator.
An operator shall, upon receiving an emergency locate request or a normal
excavation locate request:
(a) Inform the excavator of the approximate location and description of any of
the operator's facilities that may be damaged or pose a safety concern
because of excavation or demolition;
(b) Inform the excavator of any other information that would assist in locating
and avoiding contact with or damage to underground facilities;
(c) Unless permanent facility markers are provided, provide temporary
markings to inform the excavator of the ownership and approximate
location of the underground facility; and
(d) Notify the requesting party if underground facilities are not in conflict with
the excavation or demolition.
Upon receiving a design locate request, an operator shall provide to the person
making the request the best available description of all utility facilities within the
area of the proposed excavation. This includes but is not limited to prints,
maps, drawings, and other facility records of existing and proposed utility
facilities.
Temporary underground facility markers shall consist of paint, chalk, flags,
stakes, or any combination thereof and shall conform to the following standards
of the American Public Works Association uniform color code:
(a)
Electric power distribution and transmission
afety Red
(b)
Municipal electric systems
afety Red
(c)
Gas distribution and transmission
igh visibility safety yellow
(d)
(8)
(9)
Oil distribution and transmission
igh visibility safety yellow
(e)
Dangerous materials, product lines
igh visibility safety yellow
(f)
Telecommunication systems and cable television
afety alert orange
(g)
Temporary survey markings
afety pink
(h)
Police and fire communications
afety alert orange
(i)
Water systems
afety precaution blue
(j)
Sewer and storm drainage systems
afety green
(k)
Proposed excavation or construction boundaries
hite
(l)
Reclaimed water, slurry, and irrigation facilities
urple
If extraordinary circumstances exist, an operator shall notify the excavator of
the operator's inability to comply with this section. Extraordinary circumstances
include extreme weather conditions, force majeure, disasters, or civil unrest
that make timely response difficult or impossible.
All underground facilities installed after January 1, 2013, shall include a means
to accurately identify and locate the underground facilities from the surface.
This subsection does not apply to the repair of existing facilities.
Effective:July 12, 2012
History: Amended 2012 Ky. Acts ch. 137, sec. 3, effective July 12, 2012. -Amended 2008 Ky. Acts ch. 180, sec. 2, effective July 15, 2008. -- Amended
2000 Ky. Acts ch. 222, sec. 2, effective July 14, 2000. -- Created 1994 Ky. Acts
ch. 425, sec. 5, effective January 1, 1995.
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