2014 Kentucky Revised Statutes
CHAPTER 367 - CONSUMER PROTECTION
367.4903 Definitions for KRS 367.4903 to 367.4917.
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<![CDATA[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 or rendering any
underground facility permanently inaccessible by the placement of a
permanent structure having one (1) or more stories;
(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. Driving
wooden stakes by use of hand tools to a depth of six (6) inches or less below
existing grade shall not constitute excavation;
(7) "Emergency" means there exists substantial likelihood that loss of life or
property, the inability to restore interrupted utility service, an imminent danger
to health or the environment, or the blockage of public transportation facilities
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) "Kentucky Contact Center" means Kentucky Underground Protection, Inc.,
organized as a nonprofit corporation and 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 Kentucky Contact 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, and the replacement of signs, posts, and guardrails at the exact
same location when no additional penetration of existing grade is necessary,
but does not include road construction, installation of signs, posts, and
(11)
(12)
(13)
(14)
(15)
(16)
(17)
guardrails, or any activity that requires penetration of existing grade;
"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
records and shall require notification from the operator of the inability to
accurately locate the facility;
"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, 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 information request" means a notification made to a protection
notification center by a person providing professional services and making a
request in preparation for bidding, preconstruction engineering, or other
advance planning efforts. A design information request may not be used for
excavation purposes.
Effective:July 15, 2014
History: Amended 2014 Ky. Acts ch. 100, sec. 1, effective July 15, 2014. -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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