2005 Nevada Revised Statutes - Chapter 455 — Excavations and High-Voltage Lines

CHAPTER 455 - EXCAVATIONS AND HIGH-VOLTAGELINES

EXCAVATIONS

Control of Access

NRS 455.010 Erectionof fence or other safeguard around excavation, hole or shaft required.

NRS 455.020 Filingof notice of violation; contents of notice.

NRS 455.030 Boardof county commissioners to transmit information concerning dangerous conditionat mine no longer operating to sheriff or constable; service of notice uponowner or responsible person.

NRS 455.040 Contentsof notice; judgment; criminal penalty.

NRS 455.050 Suitsto be commenced in name of State of Nevada; disposition of judgments and fines.

NRS 455.060 Determinationby board of county commissioners of whether to fence or guard abandonedexcavation or mine no longer operating; payment of expenses.

 

Excavation Or Demolition Near Subsurface Installation

NRS 455.080 Definitions.

NRS 455.082 Approximatelocation of a subsurface installation defined.

NRS 455.084 Associationfor operators defined.

NRS 455.086 Damagedefined.

NRS 455.088 Demolitiondefined.

NRS 455.090 Emergencydefined.

NRS 455.092 Excavationdefined.

NRS 455.094 Mechanicalequipment defined.

NRS 455.096 Operatordefined.

NRS 455.098 Persondefined.

NRS 455.101 Subsurfaceinstallation defined.

NRS 455.103 Unexpectedoccurrence defined.

NRS 455.105 Workingday defined.

NRS 455.107 Exemptionfrom compliance with statutory provisions.

NRS 455.110 Notificationof association for operators required; marking proposed area of excavation ordemolition; exception.

NRS 455.115 Recordof notification of excavation or demolition; provision of names of operators towhom notice is transmitted by association for operators.

NRS 455.120 Operatorrequired to join association for operators to receive notification; statementto be filed with county clerk identifying association; record of notificationreceived by telephone.

NRS 455.130 Dutiesof operator upon receipt of notification.

NRS 455.131 Useof permanent device to identify location of certain subsurface installationsrequired.

NRS 455.133 Criteriaand colors for marking location of subsurface installation: Regulations ofPublic Utilities Commission of Nevada.

NRS 455.137 Determinationof location of subsurface installation required before mechanical equipment maybe used.

NRS 455.140 Dutiesof person responsible for contact with, exposure of or damage to subsurfaceinstallation.

NRS 455.150 Releasefrom liability for cost of repairs to subsurface installation.

NRS 455.160 Injunctiverelief.

NRS 455.170 Civilpenalty: Action for enforcement; amount; reimbursement for cost of prosecution;judicial review.

NRS 455.180 Civilremedies preserved; additional civil remedy not created.

OVERHEAD LINES CARRYING HIGH VOLTAGE

NRS 455.200 Definitions.

NRS 455.210 Applicabilityof provisions.

NRS 455.220 Conductingof activities near line: Prohibition; exception.

NRS 455.230 Conductingof activities near line: Authorization; powers and duties of public utility;payment of expenses for preventative measures.

NRS 455.240 Liabilityfor violation causing contact with line.

NRS 455.250 Civilpenalty: Action for enforcement; amount; disposition of proceeds; judicialreview.

_________

EXCAVATIONS

Control of Access

NRS 455.010 Erectionof fence or other safeguard around excavation, hole or shaft required. Any person or persons, company or corporation, who shalldig, sink or excavate, or cause the same to be done, or being the owner orowners, or in the possession under any lease or contract, of any shaft,excavation or hole, whether used for mining or otherwise, or whether dug, sunkor excavated for the purpose of mining, to obtain water, or for any otherpurpose, within this State, shall, during the time they may be employed indigging, sinking or excavating, or after they may have ceased work upon orabandoned the same, erect, or cause to be erected, good and substantial fencesor other safeguards, and keep the same in good repair, around such works orshafts, sufficient to guard securely against danger to persons and animals fromfalling into such shafts or excavations.

[1:16:1866; B 109; BH 290; C 271; RL 3233;NCL 5630]

NRS 455.020 Filingof notice of violation; contents of notice. Anyperson who is a resident of the county and knows, or has reason to believe,that the provisions of NRS 455.010 arebeing or have been violated within such county, may file with the sheriff orthe constable of the township where the hole, excavation or shaft exists anotice which must be in writing and must state:

1. The location, as near as may be, of the hole,excavation or shaft.

2. That the hole, excavation or shaft is dangerous topersons or animals, and has been left, or is being worked, contrary to theprovisions of NRS 455.010 to 455.180, inclusive.

3. The name of the owner or owners of the hole,excavation or shaft, if known, or, if the owner is unknown, any persons whowere known to be employed therein.

4. Whether the hole, excavation or shaft appears to beabandoned.

[2:16:1866; B 110; BH 291; C 272; RL 3234;NCL 5631](NRS A 1983, 904; 1987, 1868; 1993, 880)

NRS 455.030 Boardof county commissioners to transmit information concerning dangerous conditionat mine no longer operating to sheriff or constable; service of notice uponowner or responsible person.

1. If a board of county commissioners receivesinformation from the Division of Minerals of the Commission on MineralResources that there is in the county a dangerous condition that results frommining practices which took place at a mine that is no longer operating, if theinformation identifies a person responsible for the condition, the board shalltransmit this information to the sheriff or the constable of the township wherethe condition exists.

2. Upon receipt of information pursuant to subsection1 or upon the filing of the notice, as provided for in NRS 455.020, the sheriff or constable shallserve a notice, in the same manner and form as a summons, upon each personidentified as owner or otherwise responsible.

[3:16:1866; B 111; BH 292; C 273; RL 3235;NCL 5632](NRS A 1983, 905; 1987, 1869; 1993, 1625; 1999, 3624)

NRS 455.040 Contentsof notice; judgment; criminal penalty.

1. The notice served pursuant to subsection 2 of NRS 455.030 must require the person orpersons to appear before the justice of the peace of the township where thehole, excavation, shaft or other condition exists, or any municipal judge whomay be acting in his place, at a time to be stated therein, not less than 3days nor more than 10 days from the service of the notice, and show, to thesatisfaction of the court, that the provisions of NRS 455.010 to 455.180, inclusive, or the standardsestablished by the Commission on Mineral Resources for the abatement ofdangerous conditions have been complied with, or if he or they fail to appear,judgment will be entered against him or them for double the amount required toabate the condition.

2. All proceedings had therein must be as prescribedby law in civil cases.

3. Such persons, in addition to any judgment that maybe rendered against them, are liable and subject to a fine not exceeding thesum of $250 for each violation of the provisions of NRS 455.010 to 455.180, inclusive, which judgments andfines must be adjudged and collected as provided for by law.

[4:16:1866; B 112; BH 293; C 274; RL 3236;NCL 5633](NRS A 1979, 1476; 1987, 1869; 1993, 881; 2005, 905)

NRS 455.050 Suitsto be commenced in name of State of Nevada; disposition of judgments and fines.

1. Suits commenced under the provisions of NRS 455.010 to 455.180, inclusive, must be filed in thename of the State of Nevada.

2. All judgments collected must be paid into thecounty treasury for county purposes.

3. All fines collected must be paid into the StatePermanent School Fund.

[5:16:1866; B 113; BH 294; C 275; RL 3237;NCL 5634](NRS A 1993, 881)

NRS 455.060 Determinationby board of county commissioners of whether to fence or guard abandonedexcavation or mine no longer operating; payment of expenses.

1. If the notice states that the excavation, shaft orhole has been abandoned, and no person claims the ownership thereof, thesheriff or constable shall notify the board of county commissioners of thecounty, or any member of the board of county commissioners, of its location.Upon receipt of the notice, or of information from the Division of Minerals ofthe Commission on Mineral Resources that there is in the county a dangerouscondition resulting from mining practices which took place at a mine that is nolonger operating, if the information does not identify any person responsiblefor the dangerous condition, the board shall, as soon as possible thereafter,decide whether it should be fenced or otherwise guarded to prevent accidents topersons or animals.

2. All expenses thus incurred must be paid first outof the judgments collected in accordance with the provisions of NRS 455.010 to 455.180, inclusive, in the same manner asother county expenses.

[6:16:1866; B 114; BH 295; C 276; RL 3238;NCL 5635](NRS A 1983, 905; 1987, 1869; 1993, 881, 1625; 1995, 548; 1999, 3624)

Excavation or Demolition Near Subsurface Installation

NRS 455.080 Definitions. As used in NRS 455.080to 455.180, inclusive, unless thecontext otherwise requires, the words and terms defined in NRS 455.082 to 455.105, inclusive, have the meaningsascribed to them in those sections.

(Added to NRS by 1991, 1141; A 2005, 905)

NRS 455.082 Approximatelocation of a subsurface installation defined. Approximatelocation of a subsurface installation means a strip of land not more than 30inches on either side of the exterior surface of a subsurface installation. Theterm does not include the depth of the subsurface installation.

(Added to NRS by 1991, 1142)

NRS 455.084 Associationfor operators defined. Association for operatorsmeans an organization that receives notifications pursuant to subsection 1 of NRS 455.110 and transmits suchnotifications to its members.

(Added to NRS by 1991, 1142)

NRS 455.086 Damagedefined. Damage means:

1. The substantial weakening of the structural orlateral support of a subsurface installation;

2. The penetration or destruction of any protectivecoating, housing or other protective device of a subsurface installation; or

3. The partial or complete severance of a subsurfaceinstallation.

(Added to NRS by 1991, 1142)

NRS 455.088 Demolitiondefined. Demolition means the wrecking,razing, rendering, movement or removal of a structure or mass of material bymeans of tools, equipment or the placement and discharge of explosives.

(Added to NRS by 1991, 1142)

NRS 455.090 Emergencydefined. Emergency means a sudden, unexpectedoccurrence that involves clear and imminent danger and requires immediateaction to prevent or mitigate loss of life or damage to health, property oressential public services.

(Added to NRS by 1991, 1142)

NRS 455.092 Excavationdefined. Excavation means the movement orremoval of earth, rock or other material in or on the ground by use ofmechanical equipment or by the placement and discharge of explosives. The termincludes augering, backfilling, digging, ditching, drilling, grading,plowing-in, ripping, scraping, trenching and tunneling.

(Added to NRS by 1991, 1142)

NRS 455.094 Mechanicalequipment defined. Mechanical equipmentmeans equipment operated by mechanical power, including a trencher, bulldozer,power shovel, auger, backhoe, scraper, drill, cable or pipe plow or any otherequipment used for plowing-in cable or pipe.

(Added to NRS by 1991, 1142)

NRS 455.096 Operatordefined. Operator means any person who owns,operates or maintains a subsurface installation. The term does not include theDepartment of Transportation.

(Added to NRS by 1991, 1142)

NRS 455.098 Persondefined. Person includes a government, governmentalagency or political subdivision of a government.

(Added to NRS by 1991, 1142)

NRS 455.101 Subsurfaceinstallation defined. Subsurfaceinstallation means a pipeline, conduit, cable, duct, wire, sewer line, stormdrain, other drain line or other structure that is located underground.

(Added to NRS by 1991, 1142)

NRS 455.103 Unexpectedoccurrence defined. Unexpected occurrenceincludes, but is not limited to, fire, flood, earthquake or other cause of themovement of the soil, or a riot, an accident or an act of sabotage that causesdamage to a subsurface installation which requires immediate repair.

(Added to NRS by 1991, 1142)

NRS 455.105 Workingday defined. Working day means every dayfrom 7 a.m. to 5 p.m., except Saturday, Sunday and any federal or stateholiday.

(Added to NRS by 1991, 1142)

NRS 455.107 Exemptionfrom compliance with statutory provisions.

1. Except as otherwise provided in subsection 2,possession of a permit to conduct an excavation or demolition does not exempt aperson from complying with the provisions of NRS455.080 to 455.180, inclusive.

2. A person is exempt from complying with theprovisions of NRS 455.080 to 455.180, inclusive, if he obtains thewritten consent of all operators involved in the proposed excavation ordemolition before he receives a permit to conduct the excavation or demolition.

(Added to NRS by 1991, 1142; A 2005, 905)

NRS 455.110 Notificationof association for operators required; marking proposed area of excavation ordemolition; exception.

1. Except as otherwise provided in subsection 2, aperson shall not begin an excavation or demolition if the excavation or demolitionis to be conducted in an area that is known or reasonably should be known tocontain a subsurface installation, except a subsurface installation owned oroperated by the person conducting the excavation or demolition, unless he:

(a) Notifies the appropriate association for operatorspursuant to NRS 455.120, at least 2working days but not more than 14 calendar days before excavation or demolitionis scheduled to commence. The notification may be written or provided bytelephone and must state the name, address and telephone number of the personwho is responsible for the excavation or demolition, the starting date of theexcavation or demolition, anticipated duration and type of excavation ordemolition to be conducted, the specific area of the excavation or demolitionand whether explosives are to be used.

(b) Cooperates with the operator in locating andidentifying its subsurface installation by:

(1) Meeting with its representative asrequested; and

(2) Making a reasonable effort that isconsistent with the practice in the industry to mark with white paint, flags,stakes, whiskers or another method that is agreed to by the operator and theperson who is responsible for the excavation or demolition, the proposed areaof the excavation or demolition.

2. A person responsible for emergency excavation ordemolition is not required to comply with the provisions of subsection 1 ifthere is a substantial likelihood that loss of life, health or property willresult before the provisions of subsection 1 can be fully complied with. Theperson shall notify the operator of the action he has taken as soon aspracticable.

(Added to NRS by 1987, 1178; A 1991, 1145; 2005, 906)

NRS 455.115 Recordof notification of excavation or demolition; provision of names of operators towhom notice is transmitted by association for operators.

1. An association for operators who receivesnotification pursuant to NRS 455.110 bytelephone and an operator who receives notification of a proposed excavation ordemolition by telephone shall keep a written record of the notification for 6years. The record must include, but is not limited to, the followinginformation:

(a) The name of the person initiating the telephonecall;

(b) The name, address and telephone number of theperson who is responsible for the excavation or demolition;

(c) The starting date and anticipated duration of theexcavation or demolition;

(d) The type of excavation or demolition to beconducted;

(e) The specific area of the excavation or demolition;and

(f) Whether explosives are to be used.

2. If a person makes a notification to an associationfor operators pursuant to NRS 455.110,the association for operators shall provide to the person the names of theoperators to whom the notice is transmitted by the association.

(Added to NRS by 1991, 1144)

NRS 455.120 Operatorrequired to join association for operators to receive notification; statementto be filed with county clerk identifying association; record of notificationreceived by telephone. An operator shall:

1. Join an association for operators to receive thenotification required pursuant to paragraph (a) of subsection 1 of NRS 455.110 for its members.

2. File a statement with the clerk of the county inwhich the business of the operator is located:

(a) Containing the name, telephone number and addressof the association; and

(b) Describing the geographical area served by theassociation for operators.

3. Make a written record of each notification of aproposed excavation or demolition that he receives by telephone.

(Added to NRS by 1987, 1178; A 1991, 1146)

NRS 455.130 Dutiesof operator upon receipt of notification.

1. Except in an emergency or as otherwise provided insubsection 2, if an operator receives notice through an association for operatorspursuant to paragraph (a) of subsection 1 of NRS455.110, the operator shall:

(a) Locate and identify the subsurface installationsand, if known, the number of subsurface installations that are affected by theproposed excavation or demolition to the extent and to the degree of accuracythat the information is available in the records of the operator or can bedetermined by using techniques of location that are commonly used in the industry,except excavating, within 2 working days or within a time mutually agreed uponby the operator and the person who is responsible for the excavation ordemolition;

(b) Remove or protect a subsurface installation as soonas practicable if the operator decides it should be removed or protected; and

(c) Advise the person who contacted the association foroperators of the location of the subsurface installations of the operator thatare affected by the proposed excavation or demolition.

2. The operator shall notify the person who contactedthe association for operators if the operator has no subsurface installationsthat are affected by the proposed excavation or demolition.

(Added to NRS by 1987, 1178; A 1991, 1146)

NRS 455.131 Useof permanent device to identify location of certain subsurface installationsrequired.

1. An operator shall, for each subsurface installationthat is installed on or after October 1, 2005, which cannot be detected from orabove the surface of the ground by means of either the material used inconstructing the subsurface installation or a conductor within the subsurfaceinstallation, install a permanent device which designates or provides a meansof detecting a subsurface installation through the use of a noninvasive methodfrom or above the surface of the ground. Such a device includes, withoutlimitation, a tracer wire or a marker.

2. As used in this section:

(a) Above ground marker is a marker which isinstalled flush with the surface of the ground or which protrudes above thesurface of the ground above a subsurface installation and includes informationconcerning the subsurface installation.

(b) Electronic marker is a marker which is buried atvarious depths below or near the surface of the ground above a subsurfaceinstallation and which contains a passive antenna that:

(1) Can be identified with detection equipment;and

(2) Does not require an internal power source.

(c) Marker is a device that physically designates thelocation of a subsurface installation at intermittent locations along or abovethe subsurface installation and includes, without limitation, an above groundmarker or electronic marker.

(d) Tracer wire is a locating wire which is installedin conjunction with a subsurface installation and is connected to a transmitterthat carries a signal which is read by a receiver above the surface of theground for the detection of the location of the subsurface installation.

(Added to NRS by 2005, 904)

NRS 455.133 Criteriaand colors for marking location of subsurface installation: Regulations ofPublic Utilities Commission of Nevada.

1. An operator who marks the approximate location of asubsurface installation shall make a reasonable effort to make the markings ina manner that is consistent with the practice in the industry. The operatorshall use the identifying criteria and colors set forth in the regulations ofthe Public Utilities Commission of Nevada for the markings.

2. In adopting regulations setting forth the criteriaand colors to be used pursuant to this section, the Public Utilities Commissionof Nevada shall use nationally accepted standards for the identifying criteriaand colors for marking subsurface installations.

(Added to NRS by 1991, 1143; A 2005, 906)

NRS 455.137 Determinationof location of subsurface installation required before mechanical equipment maybe used.

1. Except as otherwise provided in subsection 2, theperson responsible for an excavation or demolition shall, before using anymechanical equipment, determine the exact location of a subsurface installationthat is affected by the excavation or demolition by excavating with hand toolsor by any other method agreed upon by the person responsible for the excavationor demolition and the operator within the approximate location of thesubsurface installation as designated by markings made in accordance with NRS 455.133.

2. A person may use mechanical equipment for theremoval of pavement if there are no subsurface installations contained in thepavement.

3. If the exact location of a subsurface installationcannot be determined by using hand tools, the person responsible for anexcavation or demolition shall request the operator to provide additionalinformation to locate the installation. The operator shall, within 1 workingday, provide any information that is available to him to enable the personresponsible for the excavation or demotion to determine the exact location ofthe installation.

(Added to NRS by 1991, 1143)

NRS 455.140 Dutiesof person responsible for contact with, exposure of or damage to subsurfaceinstallation.

1. Each person responsible for any excavation ordemolition that results in contact with, exposure of or damage to a subsurfaceinstallation shall:

(a) Notify the operator of the location and nature ofthe damage; and

(b) Allow the operator reasonable time, consistent withthe practice in the industry, to arrange for and to make any necessary repairs tothe subsurface installation before completing the excavation or demolition inthe immediate area of the subsurface installation.

2. Each person responsible for any excavation ordemolition that results in any damage to a subsurface installation which permitsthe escape of water, of any flammable, toxic or corrosive gas or liquid, or ofelectricity, shall:

(a) Notify the operator; and

(b) Minimize the hazard until the arrival of thepersonnel of the operator.

(Added to NRS by 1987, 1178; A 1991, 1146)

NRS 455.150 Releasefrom liability for cost of repairs to subsurface installation. Any person who substantially complies with the provisionsof NRS 455.080 to 455.180, inclusive, is not liable for thecost of repairing any damage to a subsurface installation which results fromhis excavation or demolition.

(Added to NRS by 1987, 1179; A 1991, 1147)

NRS 455.160 Injunctiverelief.

1. A commissioner of the Public Utilities Commissionof Nevada or the district attorney of a county or the city attorney of a cityin which there is an excavation or demolition or a proposed excavation ordemolition which he believes may cause death, serious physical harm or seriousproperty damage may file a complaint in the district court for the countyseeking to enjoin the activity or practice of an operator or a person who isresponsible for the excavation or demolition.

2. Upon the filing of a complaint pursuant tosubsection 1, the court may issue a temporary restraining order before holdingan evidentiary hearing. A temporary restraining order may be issued for nolonger than 5 days.

(Added to NRS by 1991, 1143; A 1997, 2000)

NRS 455.170 Civilpenalty: Action for enforcement; amount; reimbursement for cost of prosecution;judicial review.

1. An action for the enforcement of a civil penaltypursuant to this section may be brought before the Public Utilities Commissionof Nevada by the Attorney General, a district attorney, a city attorney, legalcounsel for the Public Utilities Commission of Nevada, the governmental agencythat issued the permit to conduct an excavation or demolition, an operator or aperson conducting an excavation or demolition.

2. Any person who willfully or repeatedly violates aprovision of NRS 455.080 to 455.180, inclusive, is liable for a civilpenalty:

(a) Not to exceed $1,000 per day for each violation;and

(b) Not to exceed $100,000 for any related series ofviolations within a calendar year.

3. Any person who negligently violates any suchprovision is liable for a civil penalty:

(a) Not to exceed $200 per day for each violation; and

(b) Not to exceed $1,000 for any related series ofviolations within a calendar year.

4. The amount of any civil penalty imposed pursuant tothis section and the propriety of any settlement or compromise concerning apenalty must be determined by the Public Utilities Commission of Nevada uponreceipt of a complaint by the Attorney General, an employee of the PublicUtilities Commission of Nevada who is engaged in regulatory operations, a districtattorney, a city attorney, the agency that issued the permit to excavate or theoperator or the person responsible for the excavation or demolition.

5. In determining the amount of the penalty or theamount agreed upon in a settlement or compromise, the Public UtilitiesCommission of Nevada shall consider:

(a) The gravity of the violation;

(b) The good faith of the person charged with theviolation in attempting to comply with the provisions of NRS 455.080 to 455.180, inclusive, before and afternotification of a violation; and

(c) Any history of previous violations of thoseprovisions by the person charged with the violation.

6. A civil penalty recovered pursuant to this sectionmust first be paid to reimburse the person who initiated the action for anycost incurred in prosecuting the matter.

7. Any person aggrieved by a determination of thePublic Utilities Commission of Nevada pursuant to this section may seekjudicial review of the determination in the manner provided by NRS 703.373.

(Added to NRS by 1991, 1144; A 1997, 2000; 2005, 907)

NRS 455.180 Civilremedies preserved; additional civil remedy not created. The provisions of NRS455.080 to 455.170, inclusive, donot affect any civil remedies provided by law for personal injury or propertydamage and do not create a new civil remedy for any personal injury or propertydamage.

(Added to NRS by 1991, 1145)

OVERHEAD LINES CARRYING HIGH VOLTAGE

NRS 455.200 Definitions. As used in NRS 455.200to 455.250, inclusive, unless thecontext otherwise requires:

1. High voltage means voltage in excess of 600 voltsmeasured between conductors or between a conductor and a ground.

2. Overhead line means a bare or insulatedelectrical conductor installed above ground.

3. Public utility has the meaning ascribed to it in NRS 704.020.

(Added to NRS by 1993, 878)

NRS 455.210 Applicabilityof provisions. The provisions of NRS 455.220 and 455.230 are not applicable to:

1. An employee of a public utility which produces,transmits or delivers electricity, or a public utility which providescommunication services, while the employee, in the course of his employment,constructs, modifies, operates or maintains:

(a) Electrical systems;

(b) Communication systems; or

(c) Overhead electrical or communication circuits orconductors, or the structures supporting them.

2. An employee of a cable antenna television system ora business which provides communication services, while the employee, actingwithin the scope of his employment, is making service attachments to the structuresupporting an overhead line carrying high voltage, if authorized to do so bythe public utility operating the overhead line.

(Added to NRS by 1993, 878)

NRS 455.220 Conductingof activities near line: Prohibition; exception. Exceptas otherwise provided in NRS 455.230:

1. A person shall not perform any act if it isreasonably foreseeable that during the performance of the act he, or any partof any tool or material used by him, is likely to be moved or to be placed anycloser to an overhead line carrying high voltage than the following clearances:

(a) For lines rated 50 kilovolts or less, 10 feet ofclearance.

(b) For lines rated greater than 50 kilovolts, 10 feetof clearance plus four-tenths of an inch of clearance for each kilovolt greaterthan 50 kilovolts.

2. A person shall not operate any mechanical orhoisting equipment in a manner by which any part of the equipment or load ofthe equipment is capable by vertical, lateral or swinging motion to be moved orto be placed any closer to an overhead line carrying high voltage than thefollowing clearances:

(a) For lines rated 50 kilovolts or less, 10 feet ofclearance.

(b) For lines rated greater than 50 kilovolts, 10 feetof clearance plus four-tenths of an inch of clearance for each kilovolt greaterthan 50 kilovolts.

(Added to NRS by 1993, 878)

NRS 455.230 Conductingof activities near line: Authorization; powers and duties of public utility;payment of expenses for preventative measures.

1. A person may perform an act or operate equipment incloser proximity to an overhead line carrying high voltage than authorized by NRS 455.220 if, before performing the work:

(a) Notice of the work to be performed is provided tothe public utility operating the overhead line carrying high voltage; and

(b) The public utility operating the overhead linecarrying high voltage consents to the performance of the work.

2. If the work can be performed with reasonablesafety, the public utility shall promptly consent to the performance of thework. As a condition of consent, the public utility may:

(a) Reasonably limit the time, place and manner of thework to preserve public safety.

(b) Place temporary mechanical barriers to separate andprevent contact between material, equipment or persons and the overhead linecarrying high voltage.

(c) Temporarily disconnect power to the overhead line,ground the overhead line or relocate the overhead line.

3. Except as otherwise provided in this subsection,the person responsible for performing the work in the vicinity of the overheadline carrying high voltage shall pay any actual expenses incurred by the publicutility in carrying out the preventative measures required as a condition ofconsent pursuant to paragraphs (b) and (c) of subsection 2. If, at the time thepublic utility installed the overhead line involved, the structure on which theperson is performing the work was within 10 feet of the overhead line, thepublic utility shall pay any actual expenses incurred by it in carrying out thepreventative measures required as a condition of consent pursuant to paragraphs(b) and (c) of subsection 2.

4. The public utility may require that an agreementregarding payment be executed before the public utility carries out thepreventative measures required as a condition of consent pursuant to paragraphs(b) and (c) of subsection 2.

5. The public utility shall initiate the provision ofpreventative measures required as a condition of consent pursuant to paragraphs(b) and (c) of subsection 2:

(a) If an agreement regarding payment for thepreventative measures is required, within 5 working days after the date theagreement is executed.

(b) If an agreement regarding payment for thepreventative measures is not required, within 5 working days after the datethat the public utility receives notice of the work pursuant to paragraph (a)of subsection 1.

Thepreventative measures must be completed as soon as practicable.

(Added to NRS by 1993, 879)

NRS 455.240 Liabilityfor violation causing contact with line. If anact constituting a violation of any provision of this chapter causes contactwith an overhead line carrying high voltage, each person who committed theviolation or caused another person to commit the violation shall pay the publicutility operating the overhead line carrying high voltage for:

1. All damages to property of the public utility;

2. All reasonable costs and expenses incurred by thepublic utility as a result of the contact; and

3. The costs and expenses incurred by the publicutility as a result of the contact for damages to third persons.

Each personwho committed a violation causing the contact or who caused another person tocommit a violation causing the contact is jointly and severally liable for thepayment required by this section.

(Added to NRS by 1993, 879)

NRS 455.250 Civilpenalty: Action for enforcement; amount; disposition of proceeds; judicialreview.

1. An action for the enforcement of a civil penaltypursuant to this section may be brought before the Public Utilities Commissionof Nevada by the Attorney General, a district attorney, a city attorney orlegal counsel for the Public Utilities Commission of Nevada.

2. Any person who violates a provision of NRS 455.200 to 455.240, inclusive, is liable for a civilpenalty not to exceed $1,000 per day for each violation.

3. The amount of any civil penalty imposed pursuant tothis section and the propriety of any settlement or compromise concerning apenalty must be determined by the Public Utilities Commission of Nevada uponreceipt of a complaint by the Attorney General, an employee of the PublicUtilities Commission of Nevada who is engaged in regulatory operations, adistrict attorney or a city attorney.

4. In determining the amount of the penalty or the amountagreed upon in a settlement or compromise, the Public Utilities Commission ofNevada shall consider:

(a) The gravity of the violation;

(b) The good faith of the person charged with theviolation in attempting to comply with the provisions of NRS 455.200 to 455.240, inclusive, before and afternotification of a violation; and

(c) Any history of previous violations of thoseprovisions by the person charged with the violation.

5. A civil penalty recovered pursuant to this sectionmust first be paid to reimburse the person who initiated the action for anycost incurred in prosecuting the matter. Any amount remaining after suchreimbursement must be deposited in the State General Fund.

6. Any person aggrieved by a determination of thePublic Utilities Commission of Nevada pursuant to this section may seekjudicial review of the determination in the manner provided by NRS 703.373.

(Added to NRS by 1993, 880; A 1997, 2001; 1999, 492)

 

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