(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 |