367.4903 Definitions for KRS 367.4903 to 367.4917.
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/ky/chapter-367/367-4903A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
As used in KRS 367.4903 to 367.4917:
(1)"Underground facility" means an underground line or system used for producing,
storing, conveying, transmitting, or distributing telecommunications, electricity,
gas, petroleum, petroleum products, cable television, hazardous liquids, water,
steam, or sewerage, including storm drainage;
(2)"Damage" means weakening of structural or lateral support or penetration of a
facility coating, housing, or other protective device. It also means the partial or
complete dislocation or severance of underground facilities or rendering any
underground facility permanently inaccessible by the placement of a permanent
structure having one
(1)or more stories;
(3)"Demolition" means any operation by which a structure or mass of material is
wrecked, razed, moved, or removed by means of mechanized equipment, or
discharge of explosives;
(4)"Excavator" means any entity or individual, other than those exempted by KRS
367.4915, engaged in excavation, demolition, or timber harvesting using
mechanized equipment;
(5)"Operator" means any entity or individual owning or operating underground
facilities to serve the public, but does not include any entity or individual owning or
operating underground storage tanks that are subject to Subchapter 60 of KRS
Chapter 224;
(6)"Excavation" means any activity that results in the movement, placement, probing,
boring, or removal of earth, rock, or other material in or on the ground by the use of
any tools or equipment, by the discharge of explosives, or by the harvesting of
timber using mechanized equipment. Forms of excavating include but are not
limited to auguring, backfilling, digging, ditching, drilling, driving, grading, piling,
pulling-in, ripping, scraping, trenching, and tunneling. Driving wooden stakes by
use of hand tools to a depth of six
(6)inches or less below existing grade shall not
constitute excavation;
(7)"Emergency" means there exists substantial likelihood that loss of life or property,
the inability to restore interrupted utility service, an imminent danger to health or
the environment, or the blockage of public transportation facilities will result before
procedures required under KRS 367.4909 to 367.4913 can be completed;
(8)"Protection notification center" means an operator-provided notification center
through which an excavator can contact the operator to enable the operator to
provide the excavator with the approximate location of underground facilities;
(9)"Kentucky Contact Center" means Kentucky Underground Protection, Inc.,
organized as a nonprofit corporation and a multimember protection notification
center providing a single telephone contact number and designated by the Kentucky
Public Service Commission to be the sole recipient of 811 dialed calls through
which an excavator may contact all Kentucky Contact Center members and all
affected member operators may receive information to enable them to provide the
excavator with the approximate location of underground facilities;
(10)"Routine road maintenance" means preservation, including road repairs and
resurfacing, and the replacement of signs, posts, and guardrails at the exact same
location when no additional penetration of existing grade is necessary, but does not
include road construction, installation of signs, posts, and guardrails, or any activity
that requires penetration of existing grade;
(11)"Approximate location," when referring to an underground facility, means:
(a)For underground metallic facilities and underground nonmetallic facilities
with metallic tracer wire, a distance not to exceed the combined width of the
underground facility plus twenty-four
(24)inches measured from the outer
edge of each side of the underground facility; or
(b)For unmapped or untonable facilities, the underground facility shall be located
as accurately as possible from field location records and shall require
notification from the operator of the inability to accurately locate the facility;
(12)"Working day" means every day, except Saturday, Sunday, and holidays
established by federal or state statute. For purposes of measuring any period of time
prescribed or allowed under the Underground Facility Damage Prevention Act of
1994, a working day shall commence at 12:01 a.m. eastern time and end at 12
midnight eastern time excluding the day the locate request was made;
(13)"Nonintrusive excavating" means excavation using hand tools or equipment that
uses air or water pressure as the direct means to break up soil for removal by hand
tools or vacuum excavation;
(14)"Mechanized equipment" means mechanical power equipment, including trenchers,
bulldozers, power shovels, augers, backhoes, scrapers, drills, cable and pipe plows,
skidders, and yarders;
(15)"Normal excavation locate request" means a notification made to a protection
notification center where a request for locating utility facilities is processed;
(16)"Emergency locate request" means a notification made to a protection notification
center by an excavator to alert facility owners or operators of the need to begin
immediate excavation in response to an emergency;
(17)"Design information request" means a notification made to a protection notification
center by a person providing professional services and making a request in
preparation for bidding, preconstruction engineering, or other advance planning
efforts. A design information request may not be used for excavation purposes;
(18)"Large project request" means an area of excavation occurring on or after July 1,
2016, measuring more than two thousand (2,000) feet in length. Multiple
excavation notifications in an area may be considered together in determining if the
excavations are part of a large project;
(19)"Commission" means the Kentucky Public Service Commission;
(20)"Person" means an individual, an entity, a foreign entity, or other legal or
commercial entity;
(21)"Positive response" means an automated or written communication system provided
by each protection notification center for all locate requests the center receives
pursuant to KRS 367.4909 that allows excavators, locators, operators, and other
interested parties to determine the status of locating an underground facility and
requires response and verification by operators and excavators to comply with their
respective requirements of the Underground Facility Damage Prevention Act of
1994;
(22)"Unique identification number" or "locate request number" means a unique number
that any protection notification center or operator pursuant to KRS 367.4913 has
assigned to a locate request for excavation;
(23)"Locator" means any entity or individual that locates lines or facilities for an
operator;
(24)"Second notice" means a notice that is made by an excavator to a notification center
when an operator has failed to comply with the positive response requirements
under KRS 367.4909(5);
(25)"Tolerance zone" means a strip of land at least four
(4)feet wide but not wider than
the width of the underground facility plus two
(2)feet on either side of the outer
limits of the facility;
(26)"Untonable facility" means an underground facility that cannot be located from the
surface using locating methods which meet industry standards and that requires
additional efforts and extended time;
(27)"Work site contact" means an individual that will be present at the excavation site
when the excavation will occur;
(28)"Fiber-to-the-premises" means a service that provides network connectivity
between a location and a subscriber using fiber;
(29)"Communications network" means the platform that is used to exchange
information and data between two
(2)or more devices that are connected to the
platform;
(30)"Communications service provider" means an entity that offers communications
services or some combination of information and media services, content,
entertainment, and application services over communications networks; and
(31)"Communications terminal" means the enclosure containing communications
equipment that connects users to the communications network.