§ 39-1.2-5. Notice of excavation.
(a) Except as provided in § 39-1.2-9, any person, public agency, or public utility responsible for excavating within one
hundred feet (100′) or for discharging explosives within one hundred feet (100′) of
a public utility facility shall notify the association of the proposed excavation
or discharge at least seventy-two (72) hours, excluding Saturdays, Sundays, and holidays,
but not more than thirty (30) days before commencing the excavation or discharge of
explosives. Actual excavation must thereupon commence within thirty (30) days. Each
public utility shall, upon receipt of each notice of excavation, mark within seventy-two
(72) hours or, where applicable in accordance with § 39-1.2-12, re-mark within forty-eight (48) hours, the location of all underground facilities.
(b) Each excavator shall provide a description of the excavation location that shall include:
(1) The name of the city or town where the excavation will take place;
(2) The name of the street, way, or route number where appropriate;
(3) The name of the streets at the nearest intersection to the excavation;
(4) The numbered address of buildings closest to the excavation; and
(5) Any other description that will accurately define the excavation location, including
landmarks and utility pole numbers.
(c) If an excavator determines that a public utility facility has been mismarked, the
excavator may notify the association and the appropriate public utility shall re-mark
no later than three (3) hours after receipt of notification from the association.
The failure to mark or re-mark the location of all underground facilities upon each
notice of excavation shall constitute a separate violation of this chapter. Where
an excavation is to be made by a contractor as part of the work required by a contract
with the state or with any political subdivision thereof or other public agency for
the construction, reconstruction, relocation, or improvement of a public way or for
the installation of a railway track, conduit, sewer, or water main, the contractor
shall be deemed to have complied with the requirements of this section by giving one
such notice to the association as required by this section, except when unanticipated
obstructions are encountered, setting forth the location and the approximate time
required to perform the work involved. In addition, the initial notice shall indicate
whether the excavation is anticipated to involve blasting and, if so, the date on
which and specific location at which the blasting is to occur. If after the commencement
of an excavation it is found there is an unanticipated obstruction requiring blasting,
the excavator shall give at least four (4) hours' notice to the association before
commencing the blasting. When demolition of a building containing a public utility
facility is proposed, the public utility or utilities involved will be given written
notice by registered mail at least ten (10) days prior to the commencement of the
demolition of the building. All notices shall include the name, address, and telephone
number of the entity giving notice; the name of the person, public agency, or public
utility performing the work; and the commencement date and proposed type of excavation,
demolition, or discharge of explosives. The association shall immediately transmit
the information to the public utilities whose facilities may be affected. An adequate
record shall be maintained by the association to document compliance with the requirements
of this chapter.