JurisdictionCaliforniaCode GOVGovernment Code - GOV
Div.5.
Title 1.DIVISION 5. PUBLIC WORK AND PUBLIC PURCHASES
Ch. 3.1.CHAPTER 3.1. Protection of Underground Infrastructure
Art. 2.ARTICLE 2. Regional Notification Center System
This text of California § 4216.2. (4216.2. (Amended by Stats. 2024, Ch. 447, Sec. 2.)) is published on Counsel Stack Legal Research, covering California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
(a)Before notifying the appropriate regional notification center, an excavator planning to conduct an excavation shall delineate the area to be excavated. If the area is not delineated, an operator may, at the operator’s discretion, choose not to locate and field mark until the area to be excavated has been delineated.
(b)Except in an emergency, an excavator planning to conduct an excavation shall notify the appropriate regional notification center of the excavator’s intent to excavate at least two working days, and not more than 14 calendar days, before beginning that excavation. The date of the notification shall not count as part of the two-working-day notice. If an excavator gives less notice than the legal excavation start date and time and the excavation is
not an emergency,
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(a)
Before notifying the appropriate regional notification center, an excavator planning to conduct an excavation shall delineate the area to be excavated. If the area is not delineated, an operator may, at the operator’s discretion, choose not to locate and field mark until the area to be excavated has been delineated.
(b)
Except in an emergency, an excavator planning to conduct an excavation shall notify the appropriate regional notification center of the excavator’s intent to excavate at least two working days, and not more than 14 calendar days, before beginning that excavation. The date of the notification shall not count as part of the two-working-day notice. If an excavator gives less notice than the legal excavation start date and time and the excavation is
not an emergency, the regional notification center will take the information and provide a ticket, but an operator has until the legal excavation start date and time to fulfill their obligations under subparagraph (A) of paragraph (1) of subdivision (a) of Section 4216.3. However, an excavator and an operator may mutually agree to a different notice and start date. The contact information for operators notified shall be available to the excavator.
(c)
When the excavation is proposed within 10 feet of a high priority subsurface installation, the operator of the high priority subsurface installation shall notify the excavator of the existence of the high priority subsurface installation to set up an onsite meeting prior to the legal excavation start date and time or at a mutually agreed upon time to determine actions or activities required to verify the location and prevent damage to the high priority subsurface installation. As part of the
meeting, the excavator shall discuss with the operator the method and tools that will be used during the excavation and the information the operator will provide to assist in verifying the location of the subsurface installation. The excavator shall not begin excavating until after the completion of the onsite meeting.
(d)
Except in an emergency, every excavator covered by Section 4216.8 planning to conduct an excavation on private property that does not require an excavation permit may contact the appropriate regional notification center if the private property is known, or reasonably should be known, to contain a subsurface installation other than the underground facility owned or operated by the excavator. Before notifying the appropriate regional notification center, an excavator shall delineate the area to be excavated. Any temporary marking placed at the planned excavation location shall be clearly seen, functional, and considerate to
surface aesthetics and the local community. An excavator shall check if any local ordinances apply to the placement of temporary markings.
(e)
The regional notification center shall provide a ticket to the person who contacts the center pursuant to this section and shall notify any member, if known, who has a subsurface installation in the area of the proposed excavation. A ticket shall be valid for 28 days from the date of issuance. If work continues beyond 28 days, the excavator shall renew the ticket either by accessing the center’s internet website or by calling “811” by the end of the 28th day.
(f)
A record of all notifications by an excavator or operator to the regional notification center shall be maintained for a period of not less than three years. The record shall be available for inspection by the excavator and any member, or their representative, during normal working
hours and according to guidelines for inspection as may be established by the regional notification centers. A regional notification center shall provide notification records to the board quarterly and shall provide notifications of damage to the board within five business days of receipt at the regional notification center.
(g)
(1)
Unless an emergency exists, an excavator shall not begin excavation until all operators of subsurface installations that are listed on the ticket have fulfilled their obligations under subparagraph (A) of paragraph (1) of subdivision (a) of Section 4216.3 and until the completion of any onsite meeting, if required by subdivision (c).
(2)
The excavator may begin excavation before the legal excavation start date and time if all of the conditions in paragraph (1) have been satisfied.
(h)
If a site requires special access, an excavator shall request an operator to contact the excavator regarding that special access or give special instructions on the location request.
(i)
If a ticket obtained by an excavator expires but work is ongoing, the excavator shall immediately cease excavation, contact the regional notification center, and get a new ticket pursuant to subdivision (b), and may not resume excavation until the conditions in subdivision (g) have been satisfied.