2014 Kentucky Revised Statutes
CHAPTER 367 - CONSUMER PROTECTION
367.4909 Operator to provide protection notification center access to excavators -- Kentucky Contact Center -- Rejection of design information request -- 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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<![CDATA[367.4909
Operator to provide protection notification center access to
excavators -- Kentucky Contact Center -- Rejection of design information
request -- 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)
Each operator shall provide protection notification center access to excavators.
Voluntary operator membership in the Kentucky Contact Center shall satisfy
the requirement of subsection (1) of this section.
Each operator member of the Kentucky Contact Center shall provide and
update as needed to the Kentucky Contact 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) To a design information request within ten (10) business days after
receiving notification from the person making the request.
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 information request, an operator shall contact the
person making the request within the time period specified in subsection (4) of
this section. The operator shall:
(a) Designate with temporary underground facility markers the location of all
underground facilities owned by the operator within the area of the design
information request as defined in KRS 367.4903;
(b) Provide to the person making the design information request a
description of all underground facilities owned by the operator in the area
of the design information request and the location of the facilities, which
may include drawings marked with a scale, dimensions, and reference
points for underground utilities already built in the area or other facility
records that are maintained by the operator; or
(c) Allow the person making the design information request or an authorized
person to inspect the drawings or other records for all underground
facilities with the proposed area of excavation at a location that is
acceptable to the operator.
(7) An operator may reject a design information request based upon security
considerations or if producing the information will place the operator at a
competitive disadvantage, pending the operator obtaining additional
information confirming the legitimacy of the notice. The operator shall notify the
person making the design information request and may request additional
information.
(8) 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)
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
(9) 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.
(10) 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 15, 2014
History: Amended 2014 Ky. Acts ch. 100, sec. 2, effective July 15, 2014. -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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