2021 Kentucky Revised Statutes
Chapter 367 - Consumer protection
367.4909 Operator to provide protection notification center access to excavators -- Kentucky Contact Center -- Report of excavation damage – Duties of operators upon receiving requests -- 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. (Effective January 1, 2022).
Universal Citation:
KY Rev Stat § 367.4909 (2021)
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367.4909
Operator to provide protection notification center access to
excavators -- Kentucky Contact Center -- Report of excavation damage
Duties of operators upon receiving requests -- 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.
(Effective January 1, 2022)
(1)
(2)
(3)
(4)
(5)
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.
Each operator shall report to the commission excavation damage to an
underground facility used in the transportation of gas or hazardous liquid within
thirty (30) calendar days of being informed of the damage. Each report of
excavation damage shall be made by electronic mail or as otherwise
prescribed by the commission.
An operator shall respond to facility locate requests and provide a positive
response as follows:
(a) To a normal excavation locate request, within two (2) working days after
receiving notification from an excavator or any time prior to the scheduled
excavation start date if agreed upon as provided in KRS 367.4917(7),
excluding large project requests, design information requests, emergency
locate requests, and unmapped or untonable facilities;
(b) To an emergency locate request, as quickly as possible but not to exceed
forty-eight (48) hours after receiving notification from an excavator;
(c) To a design information request, within ten (10) working days after
receiving notification from the person making the request;
(d) To a large project request, within two (2) working days the operator shall
notify the excavator that an excavation area has been determined to be a
large project, and the operator shall respond to the request within five (5)
working days from the later of receiving notification from an excavator or
prior to the scheduled excavation start date for that location if agreed
upon as provided in KRS 367.4917(7);
(e) To an unmapped or untonable facility request, within two (2) working days
the operator shall notify the excavator that an excavation area has been
determined to be an unmapped or untonable project, and the operator
shall respond to the request within five (5) working days for a normal
locate request or eight (8) working days for a large project request from
the later of receiving notification from an excavator or prior to the
scheduled excavation start date if agreed upon as provided in KRS
367.4917(7); and
(f) To a fiber-to-the-premises broadband deployment excavation request, in
locations not already served by fiber-to-the-premises, within four (4)
working days.
(6) Within one (1) working day after receiving a second notice request from an
excavator pursuant to KRS 367.4911(12), an operator shall locate its facility
and update the positive response system.
(7) An operator shall, after receiving an emergency locate request, a normal
excavation locate request, an unmapped or untonable locate request, or a
large project request as provided in subsection (5) of this section:
(a) Inform the excavator of the approximate location and description of any of
the operator's underground facilities that may be damaged or pose a
safety concern because of excavation or demolition;
(b) Unless permanent facility markers are provided, provide temporary
markings to inform the excavator of the ownership and approximate
location of the underground facility; and
(c) Provide a positive response to the requesting party.
(8) Upon receiving a design information request, an operator shall contact the
person making the request within the time period specified in subsection (5) 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.
(9) An operator may reject a design information request and not be held in
violation of subsection (6) of this section 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.
(10) 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
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
(m)
Fiber optic and critical telecommunication
afety alert orange
(11) If extraordinary circumstances exist, an operator shall notify the excavator of
the operator's inability to comply with this section. Notification under this
subsection shall temporarily relieve the operator of complying with subsections
(5) and (6) of this section until the operator can recover from the extraordinary
circumstances. Extraordinary circumstances include weather that makes it
impossible for any combination of facility markers identified in subsection (10)
of this section to be used, extreme weather conditions, force majeure,
disasters, or civil unrest that make timely response difficult or impossible.
(12) 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.
(e)
Effective:January 1, 2022
History: Amended 2021 Ky. Acts ch. 80, sec. 2, effective January 1, 2022. -Amended 2018 Ky. Acts ch. 70, sec. 3, effective July 14, 2018. -- Amended
2015 Ky. Acts ch. 31, sec. 2, effective June 24, 2015. -- 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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