2021 Kentucky Revised Statutes Chapter 367 - Consumer protection 367.4911 Excavator or person responsible for excavation to notify operator of work schedule -- Duties of entities responsible for excavation and demolition. (Effective until January 1, 2022).
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367.4911 Excavator or person responsible for excavation to notify operator of
work schedule -- Duties of entities responsible for excavation and
demolition.
(Effective until January 1, 2022)
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(a)
Each excavator, or person responsible for an excavation, planning
excavation or demolition work shall, not less than two (2) full working days
nor more than ten (10) full working days prior to commencing work, notify
each affected operator of the excavator's intended work and work
schedule. Contacting the applicable protection notification centers shall
satisfy this requirement.
(b) An excavator may commence work before the two (2) full working days
provided for in paragraph (a) of this subsection have elapsed if all
affected operators have notified the person that the location of all the
affected operators' facilities have been marked or that they have no
facilities in the area of the proposed excavation, demolition, or timber
harvesting.
Locate requests are valid for twenty-one (21) calendar days from the day of the
initial request.
Each excavator shall provide each applicable protection notification center with
adequate information regarding:
(a) The name of the individual making the notification;
(b) The excavator's name, address, and a telephone number;
(c) The excavation or demolition site location or locations, each of which
shall not exceed two thousand (2,000) feet in length unless the excavator
and operator agree to a larger area, the city or community, county and
street address, including the nearest cross street;
(d) The type and extent of excavation or demolition to be performed;
(e) A contact name and telephone number of the person responsible for the
work to be performed.
If more than one (1) excavator will operate at the same site, each excavator
shall notify the protection notification centers individually. Notification by an
excavator will serve as notification for any of that excavator's employees.
Failure by an excavator to notify the protection notification center does not
relieve individual employees of responsibility.
The excavator shall inform and provide to excavation or demolition site
employees:
(a) The underground facility location provided by each operator;
(b) Any related safety information provided by each operator; and
(c) The locate request identification number assigned by each protection
notification center.
The excavator shall protect and preserve temporary underground facility
markers until the scheduled excavation or demolition is completed.
If, after the two (2) day period provided by KRS 367.4909(5)(a), the excavator
finds evidence of an unmarked underground facility at the site, he shall
immediately notify the protection notification center.
(8)
The excavator shall contact the protection notification center to request
remarking two (2) working days in advance of the expiration of each
twenty-one (21) day period while excavation or demolition continues or if:
(a) The markings of any underground facility have been removed or are no
longer visible; or
(b) The excavator has changed the work plan or location previously filed.
(9) (a) Each excavator who conducts or is responsible for any excavation or
demolition that results in underground facility damage shall cease
excavation or demolition activities and notify all affected operators of the
location and nature of the underground facility damage immediately upon
discovery of the damage.
(b) Any individual or entity that is otherwise exempt from the requirements of
KRS 367.4901 to 367.4917 under KRS 367.4915, who conducts or is
responsible for any excavation or demolition that results in underground
facility damage to an underground facility or system used for producing,
storing, conveying, transmitting, or distributing gas, petroleum, petroleum
products, or hazardous liquids, shall cease excavation or demolition
activities and notify all affected operators of the location and nature of the
underground facility damage immediately upon discovery of the damage.
(c) If the underground facility damage causes concern for public or
workplace safety, the excavator, or the individual or entity that is
otherwise exempt from the requirements of KRS 367.4901 to 367.4917
under KRS 367.4915, shall notify appropriate public safety agencies of
the location and nature of the safety concern.
(d) If the underground facility damage results in the escape or suspected
escape of any flammable, toxic, or corrosive gas or liquid, the excavator,
or the individual or entity that is otherwise exempt from the requirements
of KRS 367.4901 to 367.4917 under KRS 367.4915, shall cease
excavation or demolition activities and immediately report to the
appropriate authorities by calling the 911 emergency telephone number.
(10) When excavation or demolition is necessary within the approximate location of
the underground facility, the excavator shall hand-dig or use nonintrusive
means to avoid damage to the underground facility.
(11) Upon request by an operator or when the proposed excavation location cannot
be accurately identified, an excavator shall mark the boundaries of the location
to be excavated using the procedure set forth in KRS 367.4909(9)(k). After
marking the boundaries, the excavator shall contact the protection notification
center or centers. The requirements of KRS 367.4909(5) to (10) are
reestablished upon the operator receiving notification of this marking from the
protection notification center or centers. This marking shall not alter, or relieve
the excavator from complying with, the requirements of KRS 367.4905 to
367.4917.
Effective:June 29, 2021
History: Amended 2021 Ky. Acts ch. 105, sec. 1, effective June 29, 2021. -Amended 2018 Ky. Acts ch. 70, sec. 4, effective July 14, 2018. -- Amended
2015 Ky. Acts ch. 31, sec. 3, effective June 24, 2015. -- Amended 2014 Ky. Acts
ch. 100, sec. 3, effective July 15, 2014. -- Amended 2012 Ky. Acts ch. 137, sec.
4, effective July 12, 2012. -- Amended 2008 Ky. Acts ch. 180, sec. 3, effective
July 15, 2008. -- Amended 2000 Ky. Acts ch. 222, sec. 3, effective July 14,
2000. -- Created 1994 Ky. Acts ch. 425, sec. 6, effective January 1, 1995.
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