367.4909 Operator to provide protection notification center access to excavators --
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/ky/367-4909A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Kentucky Contact Center -- Report of excavation damage – Duties of
operators upon receiving requests -- Rejection of design information request --
Color coding for temporary underground facility markers -- Operator's
inability to comply due to extraordinary circumstances -- Underground
facilities installed after January 1, 2013.
(1)Each operator shall provide protection notification center access to excavators.
(2)Voluntary operator membership in the Kentucky Contact Center shall satisfy the
requirement of subsection
(1)of this section.
(3)Each operator member of the Kentucky Contact Center shall provide and update as
needed to the Kentucky Contact Center the general location of its underground
facilities, the operator identity and business address, and emergency notification
telephone numbers.
(a)Each operator shall report to the commission excavation damage to an
underground facility used in the transportation of gas or hazardous liquid
within thirty
(30)calendar days of being informed of the damage. Each report
of excavation damage shall be made by electronic mail or as otherwise
prescribed by the commission.
(b)If the damage described in paragraph
(a)of this subsection is caused by a
communications service provider and no attempt to locate underground
facilities was made, the operator shall include in its damage report to the
commission the distance from the communications terminal that the damage
occurred. The commission shall submit a report to the Legislative Research
Commission on or before December 1, 2025, detailing the number of damage
reports made under this subsection caused by communications service
providers that occurred within the area in which nonintrusive excavation is
allowed under KRS 367.4915(12).
(5)An operator shall respond to facility locate requests and provide a positive response
as follows:
(a)To a normal excavation locate request, within two
(2)working days after
receiving notification from an excavator or any time prior to the scheduled
excavation start date if agreed upon as provided in KRS 367.4917(7),
excluding large project requests, design information requests, emergency
locate requests, and unmapped or untonable facilities;
(b)To an emergency locate request, as quickly as possible but not to exceed
forty-eight
(48)hours after receiving notification from an excavator;
(c)To a design information request, within ten
(10)working days after receiving
notification from the person making the request;
(d)To a large project request, within two
(2)working days the operator shall
notify the excavator that an excavation area has been determined to be a large
project, and the operator shall respond to the request within five
(5)working
days from the later of receiving notification from an excavator or prior to the
scheduled excavation start date for that location if agreed upon as provided in
KRS 367.4917(7);
(e)To an unmapped or untonable facility request, within two
(2)working days
the operator shall notify the excavator that an excavation area has been
determined to be an unmapped or untonable project, and the operator shall
respond to the request within five
(5)working days for a normal locate
request or eight
(8)working days for a large project request from the later of
receiving notification from an excavator or prior to the scheduled excavation
start date if agreed upon as provided in KRS 367.4917(7); and
(f)To a fiber-to-the-premises broadband deployment excavation request, in
locations not already served by fiber-to-the-premises, within four
(4)working
days.
(6)Within one
(1)working day after receiving a second notice request from an
excavator pursuant to KRS 367.4911(12), an operator shall locate its facility and
update the positive response system.
(7)An operator shall, after receiving an emergency locate request, a normal excavation
locate request, an unmapped or untonable locate request, or a large project request
as provided in subsection
(5)of this section:
(a)Inform the excavator of the approximate location and description of any of the
operator's underground facilities that may be damaged or pose a safety
concern because of excavation or demolition;
(b)Unless permanent facility markers are provided, provide temporary markings
to inform the excavator of the ownership and approximate location of the
underground facility; and
(c)Provide a positive response to the requesting party.
(8)Upon receiving a design information request, an operator shall contact the person
making the request within the time period specified in subsection
(5)of this section.
The operator shall:
(a)Designate with temporary underground facility markers the location of all
underground facilities owned by the operator within the area of the design
information request as defined in KRS 367.4903;
(b)Provide to the person making the design information request a description of
all underground facilities owned by the operator in the area of the design
information request and the location of the facilities, which may include
drawings marked with a scale, dimensions, and reference points for
underground utilities already built in the area or other facility records that are
maintained by the operator; or
(c)Allow the person making the design information request or an authorized
person to inspect the drawings or other records for all underground facilities
with the proposed area of excavation at a location that is acceptable to the
operator.
(9)An operator may reject a design information request and not be held in violation of
subsection
(6)of this section based upon security considerations or if producing the
information will place the operator at a competitive disadvantage, pending the
operator obtaining additional information confirming the legitimacy of the notice.
The operator shall notify the person making the design information request and may
request additional information.
(10)Temporary underground facility markers shall consist of paint, chalk, flags, stakes,
or any combination thereof and shall conform to the following standards of the
American Public Works Association uniform color code:
(a)Electric power distribution and transmission Safety Red
(b)Municipal electric systems Safety Red
(c)Gas distribution and transmission High visibility safety yellow
(d)Oil distribution and transmission High visibility safety yellow
(e)Dangerous materials, product lines High visibility safety yellow
(f)Telecommunication systems and cable television Safety alert orange
(g)Temporary survey markings Safety pink
(h)Police and fire communications Safety alert orange
(i)Water systems Safety precaution blue
(j)Sewer and storm drainage systems Safety green
(k)Proposed excavation or construction boundaries White
(l)Reclaimed water, slurry, and irrigation facilities Purple
(m)Fiber optic and critical telecommunication Safety alert orange
(11)If extraordinary circumstances exist, an operator shall notify the excavator of the
operator's inability to comply with this section. Notification under this subsection
shall temporarily relieve the operator of complying with subsections
(5)and
(6)of
this section until the operator can recover from the extraordinary circumstances.
Extraordinary circumstances include weather that makes it impossible for any
combination of facility markers identified in subsection
(10)of this section to be
used, extreme weather conditions, force majeure, disasters, or civil unrest that make
timely response difficult or impossible.
(12)All underground facilities installed after January 1, 2013, shall include a means to
accurately identify and locate the underground facilities from the surface. This
subsection does not apply to the repair of existing facilities.