Cosponsors:
Representatives Stautberg, Williams, Ashford, Cera, Hagan, C., Hall, Landis, O'Brien, Pillich, Adams, R., Anielski, Antonio, Beck, Boose, Bubp, Buchy, Budish, Carney, Celebrezze, Combs, Conditt, Damschroder, Derickson, DeVitis, Foley, Garland, Grossman, Hackett, Johnson, Kozlowski, Letson, Maag, Mallory, Martin, McClain, Milkovich, Murray, Ruhl, Stinziano, Thompson, Wachtmann, Winburn, Yuko Speaker Batchelder
Senators Sawyer, Hite, Coley, LaRose, Bacon, Balderson, Burke, Eklund, Gentile, Hughes, Jones, Kearney, Lehner, Niehaus, Peterson, Schaffer, Schiavoni, Seitz, Skindell, Smith, Turner, Wagoner
(1) "Public improvement" means any construction, | 11 |
reconstruction, improvement, enlargement, alteration, or repair of | 12 |
a building, highway, drainage system, water system, road, street, | 13 |
alley, sewer, ditch, sewage disposal plant, water works, and all | 14 |
other structures or works of any nature by a public authority. | 15 |
(3) "Underground utility facilities" includes any item buried | 26 |
or placed below ground or submerged under water for use in | 27 |
connection with the storage or conveyance of water or sewage; or | 28 |
electronic, telephonic, or telegraphic communications; | 29 |
electricity; electric energy; petroleum products; manufactured, | 30 |
mixed, or natural gas; synthetic or liquified natural gas; propane | 31 |
gas; or other substances. "Underground utility facilities" | 32 |
includes, but is not limited to, all operational underground | 33 |
pipes, sewers, tubing, conduits, cables, valves, lines, wires, | 34 |
manholes, and attachments, whether owned by any public or private | 35 |
or profit or nonprofit person, firm, partnership, company, | 36 |
corporation, joint stock association, joint venture, or voluntary | 37 |
association, wherever organized or incorporated, except for a | 38 |
private septic system in a single- or
double-familymulti-family | 39 |
dwelling utilized only for that dwelling and not connected to any | 40 |
other system. | 41 |
(B)(1) In any public improvement which may involve | 68 |
underground utility facilities, the public authority, prior to | 69 |
preparing plans and specifications, shall contact the registered | 70 |
underground utilitya protection servicesservice and theany | 71 |
owners of underground utility facilities that are not members of a | 72 |
registered underground utility protection service for the | 73 |
existence and location of all underground utility facilities | 74 |
within the construction area. The | 75 |
(3) The public authority shall include, in the plans and | 99 |
specifications for such improvement, the identity and location of | 100 |
the existing underground utility facilities located in the | 101 |
construction area as provided to the public authority by the owner | 102 |
of the underground utility facility and the name, address, and | 103 |
telephone number of each owner of any underground utility | 104 |
facilities in the construction area that does not subscribe to a | 105 |
registered underground utility protection service. Any | 106 |
(4) Any anticipated temporary or permanent relocation of | 107 |
underground utility facilities deemed necessary by the public | 108 |
authority shall be negotiated or arranged by the public authority | 109 |
with the owners of the underground utility facilities prior to the | 110 |
start of construction. If a temporary or permanent relocation of | 111 |
utility facilities is necessary, the owner of the underground | 112 |
utility facility shall be given a reasonable time to move such | 113 |
utility facilities unless the contractor to whom the contract for | 114 |
a public improvement is awarded or its subcontractor agrees with | 115 |
the owner of the underground utility facility to coordinate | 116 |
relocation with construction operations. The | 117 |
(5) The public authority, within ten calendar days after | 118 |
award of a contract for a public improvement, shall notify in | 119 |
writing all owners of underground utility facilities known to be | 120 |
located in the construction area of the public improvement of the | 121 |
name and address of the contractor to whom the contract for the | 122 |
public improvement was awarded. Where notice is given in writing | 123 |
by certified mail, the return receipt, signed by any person to | 124 |
whom the notice is delivered, shall be conclusive proof of notice. | 125 |
(C) The contractor to whom a contract for a public | 126 |
improvement is awarded or its subcontractor, at least two working | 127 |
days, excluding Saturdays, Sundays, and legal holidays, but no | 128 |
more than ten working days, prior to commencing construction | 129 |
operations in the construction area which may involve underground | 130 |
utility facilities, shall cause notice to be given to the | 131 |
registered underground utilitya protection servicesservice and | 132 |
the owners of underground utility facilities shown on the plans | 133 |
and specifications who are not members of a registered underground | 134 |
utility protection service, in writing, by telephone, or in | 135 |
person. Where notice is given in writing by certified mail, the | 136 |
return receipt, signed by any person to whom the notice is | 137 |
delivered, shall be conclusive proof of notice. The owner of the | 138 |
underground utility facility, within forty-eight hours, excluding | 139 |
Saturdays, Sundays, and legal holidays, after notice is received, | 140 |
shall stake, mark, or otherwise designate the location of the | 141 |
underground utility facilities in the construction area in such a | 142 |
manner as to indicate their course together with the approximate | 143 |
depth at which they were installed. The marking or locating shall | 144 |
be coordinated to stay approximately two days ahead of the planned | 145 |
construction. | 146 |
(D) If the public authority fails to comply with the | 147 |
requirements of division (B) of this section, the contractor to | 148 |
whom the work is awarded or its subcontractor complies with the | 149 |
requirements of division (C) of this section, and the contractor | 150 |
or its subcontractor encounters underground utility facilities in | 151 |
the construction area that would have been shown on the plans and | 152 |
specifications for such improvement had the registered underground | 153 |
utilitya protection service or owner of the underground utility | 154 |
facility who is not a member of a registered underground utility | 155 |
protection service whose name, address, and telephone number is | 156 |
provided by the public authority been contacted, then the | 157 |
contractor, upon notification to the public authority, is entitled | 158 |
to an increase to the contract price for itself or its | 159 |
subcontractor for any additional work that must be undertaken or | 160 |
additional time that will be required and is entitled to an | 161 |
extension of the completion date of the contract for the period of | 162 |
time of any delays to the construction of the public improvement. | 163 |
Any public authority who complies with the requirements of | 173 |
division (B) of this section and any contractor or its | 174 |
subcontractor who complies with the requirements of division (C) | 175 |
of this section shall not be responsible to the owner of the | 176 |
underground utility facility if underground utility lines are | 177 |
encountered not as marked in accordance with the provisions of | 178 |
division (C) of this section by the owner of the underground | 179 |
utility facility, unless the contractor or its subcontractor has | 180 |
actual notice of the underground utility facility. Except as noted | 181 |
in this division, this section does not affect rights between the | 182 |
contractor or its subcontractor and the owner of the underground | 183 |
utility facility for failure to mark or erroneously marking | 184 |
utility lines. The public authority shall not make as a | 185 |
requirement of any contract for public improvement any change in | 186 |
responsibilities between the public authority and the owners of | 187 |
the underground utility facilities in connection with damage, | 188 |
injury, or loss to any property in connection with underground | 189 |
utility facilities. | 190 |
The contractor or its subcontractor shall alert immediately | 191 |
the occupants of nearby premises as to any emergency that the | 192 |
contractor or subcontractor may create or discover at or near such | 193 |
premises. The contractor or its subcontractor shall report | 194 |
immediately to the owner or operator of the underground facility | 195 |
any break or leak on its lines or any dent, gouge, groove, or | 196 |
other damage to such lines or to their coating or cathodic | 197 |
protection, made or discovered in the course of their excavation. | 198 |
(F) An underground utility protection service shall register | 204 |
with the secretary of state and the public utilities commission of | 205 |
Ohio, identifying its name, address, telephone number, membership, | 206 |
and other pertinent information. The secretary of state and | 207 |
commission shall establish procedures for accepting such | 208 |
registrations and providing information about registrants to | 209 |
public authorities on request.
| 210 |
(A) "Protection service" means a notification center, but not | 213 |
an owner of an individual utility, that exists for the purpose of | 214 |
receiving notice from persons that prepare plans and | 215 |
specifications for or that engage in excavation work, that | 216 |
distributes this information to its members and participants, and | 217 |
that ishas registered by March 14, 1989, with the secretary of | 218 |
state and the public utilities commission of Ohio under former | 219 |
division (F) of section 153.64 of the Revised Code as it existed | 220 |
on March 14, 1989that date. | 221 |
(B) "Underground utility facility" meansincludes any item | 222 |
buried or placed below the surface of the earthground or | 223 |
submerged under water for use in connection with the storage or | 224 |
conveyance of water or sewage; electronic, telephonic, or | 225 |
telegraphic communications; television signals; electricity; crude | 226 |
oil; petroleum products; artificial or liquefied petroleum; | 227 |
manufactured, mixed, or natural gas;
synthetic or liquefied | 228 |
natural gas; propane gas; coal; steam; hot water; or other | 229 |
substances; except that it does not include. "Underground utility | 230 |
facility" includes all operational underground pipes, sewers, | 231 |
tubing, conduits, cables, valves, lines, wires, worker access | 232 |
holes, and attachments, owned by any person, firm, or company. | 233 |
"Underground utility facility" does not include a private septic | 234 |
systemssystem in a one-family or
two-familymulti-family | 235 |
dwelling utilized only for that dwelling and not connected to any | 236 |
other system. | 237 |
(C) "Utility" means any owner or operator, or an agent of an | 238 |
owner or operator, of an underground utility facility, including | 239 |
any public authority as defined in section 153.64 of the Revised | 240 |
Code, that owns or operates an underground utility facility, | 241 |
except. "Utility" does not include the owners of the following | 242 |
types of real property with respect to any underground utility | 243 |
facility located on that property: | 244 |
(H)(I) "Excavation" means the use of hand tools, powered | 268 |
equipment, or explosives to move earth, rock, or other materials | 269 |
in order to penetrate or bore or drill into the earth, or to | 270 |
demolish any structure whether or not it is intended that the | 271 |
demolition will disturb the earth. "Excavation" includes such | 272 |
agricultural operations as the installation of drain tile, but | 273 |
excludes agricultural operations such as tilling that do not | 274 |
penetrate the earth to a depth of more than twelve inches. | 275 |
"Excavation" excludes any activity by a governmental entity which | 276 |
does not penetrate the earth to a depth of more than twelve | 277 |
inches. "Excavation" excludes any undergroundcoal mining and | 278 |
reclamation operations
that do not involve disturbance to the | 279 |
earth's surfaceregulated under Chapter 1513. of the Revised Code | 280 |
and rules adopted under it. | 281 |
(U) "Improvement" means any construction, reconstruction, | 323 |
improvement, enlargement, alteration, or repair of a building, | 324 |
highway, drainage system, water system, road, street, alley, | 325 |
sewer, ditch, sewage disposal plant, water works, and all other | 326 |
structures or works of any nature. | 327 |
Sec. 3781.26. (A) Each utility that owns or operates | 337 |
underground utility facilities shall participate in and register | 338 |
the location of its underground utility facilities with a | 339 |
protection service that serves the area where the facilities are | 340 |
located. A utility may elect to participate in the service on a | 341 |
limited basis and if it does so, it shall register the location of | 342 |
its underground utility facilities only by identifying the | 343 |
municipal corporations, and outside the limits of a municipal | 344 |
corporation, the townships by county and, where applicable, the | 345 |
immediate geographic area in which it has facilities. The service | 346 |
shall establish reasonable fees for limited basis participants.
| 347 |
(B) Protection services, utilities,
commercial excavators, | 348 |
excavation equipment dealers, the public utilities commission of | 349 |
Ohio, the board of building standards, local law enforcement | 350 |
agencies, and fire departments should publicize the importance of | 351 |
ascertaining the location of underground utility facilities before | 352 |
excavating and the use of protection services to ascertain that | 353 |
information. | 354 |
(C) A protection service shall maintain records of | 355 |
notifications received from developers, designers, and excavators, | 356 |
and of its notifications made to utilities, developers, designers, | 357 |
and excavators, under sections 3781.27 and 3781.28 of the Revised | 358 |
Code. The records of a protection service shall identify by | 359 |
reference number, the notifications it received regarding a | 360 |
proposed excavation site, the notifications it provided regarding | 361 |
a proposed excavation site, and the date and time of each | 362 |
notification. | 363 |
Sec. 3781.261. An excavator, contractor, or utility that | 371 |
utilizes a protection service shall obtain training in the | 372 |
protection of underground utility facilities. An excavator, | 373 |
contractor, or utility shall be deemed to have obtained that | 374 |
training if the excavator, contractor, or utility is a member of a | 375 |
protection service or a statewide association representing | 376 |
excavators, contractors, or utilities and the service or | 377 |
association provides that training. An excavator, contractor, or | 378 |
utility also may obtain the training from such a service or | 379 |
association without becoming a member. | 380 |
(B) Except in the case of limited basis participants, the | 392 |
protection service shall provide notice of the proposed excavation | 393 |
to each participant in the service that has underground utility | 394 |
facilities in the area of the proposed excavation site. InExcept | 395 |
as provided in section 3781.271 of the Revised Code, in the case | 396 |
of limited basis participants, the protection service shall notify | 397 |
the developer or the designer employed by the developer of the | 398 |
name of each limited basis participant with underground utility | 399 |
facilities within the municipal corporation or township and county | 400 |
of the proposed excavation site, and the developer or designer | 401 |
shall contact that utility. | 402 |
(C)(1) Each utility that has any underground utility | 403 |
facilities in the area of the proposed excavation site shall | 404 |
notify the developer or the designer employed by the developer of | 405 |
the approximate locations and description of the utility's | 406 |
underground utility facilities located at the proposed excavation | 407 |
site, or that the utility does not have any underground utility | 408 |
facilities at the sitein accordance with division (C)(2) of this | 409 |
section. The utility shall make this notification within ten | 410 |
working days of receiving a notice under division (B) of this | 411 |
section or by a later date acceptable to the developer or designer | 412 |
and utility. In the case of an interstate hazardous liquid | 413 |
pipeline or an interstate gas pipeline, the utility also shall | 414 |
provide written notice to the developer or designer of any special | 415 |
notification requirements. | 416 |
(D) The utility shall determine if any relocation, support, | 437 |
or removal, or protective steps beyond those described in | 438 |
divisions (A)(1) to (D)(5) of section 3781.30 of the Revised Code | 439 |
are required in order to prevent disturbance or interference with | 440 |
the underground utility facilities during excavation. The utility | 441 |
shall determine whether it will permit the developer or the | 442 |
designer employed by the developer to make those adjustments, and, | 443 |
if the adjustments are to be made by the utility, a reasonable | 444 |
amount of time necessary to make those adjustments. | 445 |
(E)(1) Based on the information provided pursuant to division | 446 |
(C) of this section, the developer or the designer employed by the | 447 |
developer shall indicate the approximate locations of underground | 448 |
utility facilities either on or with the plans prepared for the | 449 |
project. The developer or designer shall include with the plans | 450 |
the names, addresses, and telephone numbers of utilities with | 451 |
underground facilities at the excavation site, indicating which | 452 |
utilities are limited basis participants; the name and telephone | 453 |
number of theany appropriate protection service; and any required | 454 |
adjustments as described in division (D) of this section, | 455 |
including the reasonable time necessary for the utility to make | 456 |
those adjustments. In the case of an interstate hazardous liquid | 457 |
pipeline or an interstate gas pipeline, the developer or designer | 458 |
also shall include any special notification requirements. | 459 |
(2)(a) Except as otherwise provided in division (E)(2)(b) of | 460 |
this section, the developer or designer shall provide the plans to | 461 |
the
commercial excavator before excavation beginsprior to | 462 |
entering into a contract that involves such excavation. If the | 463 |
developer does not prepare written plans or have any written plans | 464 |
prepared,
hethe developer shall otherwise provide the | 465 |
approximate locations, identifying information on the utilities, | 466 |
information on required adjustments, and any special notification | 467 |
requirements to the
commercial excavator before excavation begins. | 468 |
(2) This section does not apply in the case of the owner of | 487 |
the types of real property identified in divisions (C)(1) to (4) | 488 |
of section 3781.25 of the Revised Code, unless the owner employs a | 489 |
designer to make written plans for work that will involve | 490 |
excavation. If the owner employs a designer, the designer shall | 491 |
contact the utilitya protection service and utilities that are | 492 |
limited basis participants in accordance with divisions (A) and | 493 |
(B) of this section, and shall include in or with the plans the | 494 |
information required under division (E) of this section. The owner | 495 |
shall provide that information to the excavator. | 496 |
Sec. 3781.271. Beginning on July 1, 2013, each protection | 497 |
service shall reasonably modify its one-call notification system | 498 |
so as to permit the reasonable identification of the location of a | 499 |
proposed excavation site in a manner in which the protection | 500 |
service may then notify any potentially affected limited basis | 501 |
participants. Each member of a protection service, including | 502 |
limited basis participants, shall be responsible for providing | 503 |
current contact information to the protection service. | 504 |
(B) On receipt of notice under division (A) of this section, | 511 |
the protection service shall provide to each utility with | 512 |
underground utility facilities located at the excavation site, | 513 |
notice of the proposed excavation, except that in the case of a | 514 |
limited basis participant in the service, the service shall notify | 515 |
the excavator of the name of each limited basis participant with | 516 |
underground utility facilities located in the municipal | 517 |
corporation or township and county of the proposed excavation | 518 |
site, and the excavator shall notify the limited basis participant | 519 |
of the proposed excavation at least forty-eight hours but not more | 520 |
than ten days before commencing excavation. The excavator may make | 521 |
this notification by telephone. | 522 |
(E) If an excavation will cover a large area and will | 535 |
progress from one area to the next over a period of time, the | 536 |
excavator shall provide written notice of excavation with | 537 |
projected timelines for segments of the excavation as the | 538 |
excavation progresses in order to coordinate the marking of | 539 |
approximate locationsunderground utility facilities with actual | 540 |
excavation
schedules. Under such circumstances, the utility and | 541 |
excavator shall determine a mutually agreed upon marking schedule | 542 |
based on the project schedule. Once such a schedule is | 543 |
established, the marking and notification requirements set forth | 544 |
in division (A)(1) of section 3781.29 of the Revised Code shall | 545 |
not apply. | 546 |
(F)(1) In the case of a utility that is making an emergency | 547 |
repair to its own underground utility system or a governmental | 548 |
entity making an underground emergency repair to traffic control | 549 |
devices, as defined in section 4511.01 of the Revised Code, used | 550 |
on any street or highway under the entity's jurisdiction, the | 551 |
utility or governmental entity shall notify thea protection | 552 |
service and each limited basis participant of the excavation site. | 553 |
This notice need not occur before commencing excavation. | 554 |
(b) If the owner of the property employs an excavator, the | 563 |
excavator shall comply with the requirements of this section. If | 564 |
the owner did not employ a designer to make written plans, the | 565 |
excavator shall provide the notice required under this section to | 566 |
thea protection service and to each utility that is a limited | 567 |
basis participant in thea protection service that has underground | 568 |
utility facilities within the municipal corporation or township | 569 |
and county of the excavation site, as indicated by the protection | 570 |
service. | 571 |
Sec. 3781.29. (A)(1) Except as otherwise provided in | 572 |
division (A)(2) of this section, within forty-eight hours of | 573 |
receiving notice under section 3781.28 of the Revised Code, each | 574 |
utility shall review the status of its facilities within the | 575 |
excavation site, locate and mark the approximate location of its | 576 |
underground utility facilities at the excavation site in such a | 577 |
manner as to indicate their course, and report the appropriate | 578 |
information to the protection service for its positive response | 579 |
system. If a utility does not mark its underground utility | 580 |
facilities or contact the excavator within
forty-eight hours of | 581 |
receiving notice under section 3781.28 of the Revised Codethat | 582 |
time, the utility is deemed to have given notice that it does not | 583 |
have any facilities at the excavation site. If the utility cannot | 584 |
accurately mark the
approximate locationfacilities, the utility | 585 |
shall mark the approximate locationthem to the best of its | 586 |
ability, notify the excavator
using the positive response system | 587 |
that the markings may not be accurate, and provide additional | 588 |
guidance to the excavator in locating the facilities as needed | 589 |
during the excavation. | 590 |
(D) Except as otherwise provided in divisions (E) and (F) of | 621 |
this section, prior to notifying a protection service of the | 622 |
proposed excavation, an excavator shall define and premark the | 623 |
approximate location. Proposed construction or excavation markings | 624 |
shall be made in white through the use of an industry-recognized | 625 |
method such as chalk-based paint, flags, stakes, or other method | 626 |
applicable to the specific site and when possible shall indicate | 627 |
the excavator's identity by name, abbreviation, or initial. | 628 |
(F)(7) Immediately report to the utility, the protection | 694 |
service, and, if necessary, to the appropriate law enforcement | 695 |
agencies and fire departments by calling 9-1-1, any damage to an | 696 |
underground utility facility that results in escaping flammable, | 697 |
corrosive, explosive, or toxic liquids or gas, and take reasonable | 698 |
appropriate actions needed to protect persons and property and to | 699 |
minimize safety hazards until those agencies and departments and | 700 |
the utility arrive at the scene. | 701 |
Sec. 3781.31. (A) When a utility marks the approximate | 718 |
location of its underground utility facilities in accordance with | 719 |
division (A) of section 3781.29 of the Revised Code, the utility | 720 |
may request that the excavator provide prior notice to the utility | 721 |
of the actual commencement of the excavation. An excavator that | 722 |
receives a request for notice under this division shall provide | 723 |
the notice to the utility at least
twenty-four hoursone full | 724 |
working day prior to the commencement of excavation. The excavator | 725 |
may make this notice by telephone. | 726 |
(B) If the markings of approximate locationsunderground | 727 |
utility facilities made under section 3781.29 of the Revised Code | 728 |
are destroyed or removed before excavation is completed, the | 729 |
excavator shall notify the utility through the protection service | 730 |
that the markings have been destroyed or removed, and the utility | 731 |
shall remark the
approximate locations within forty-eight hours | 732 |
of the noticefacilities in accordance with section 3781.29 of | 733 |
the Revised Code. | 734 |
(B) A developer or the designer employed by the developer | 739 |
shall not require, as a condition for entering into a contract for | 740 |
a project that will require excavation, that responsibility for | 741 |
performance of duties imposed under sections 3781.25 to 3781.32 of | 742 |
the Revised Code shall be assumed by a person other than the | 743 |
person on whom those duties are imposed under those sections. This | 744 |
division does not prohibit a utility from entering into any | 745 |
contract for the performance of duties that are imposed on a | 746 |
utility under those sections. | 747 |