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Reference Title:
underground facilities; marking
AN ACT
AMENDING SECTION 40-360.22, ARIZONA REVISED STATUTES; RELATING TO PUBLIC
UTILITIES.
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 40-360.22, Arizona Revised Statutes, is amended to
read:
40-360.22
.
Excavations; determining location of underground facilities; providing information; excavator
marking; on-site representative; validity period
of markings
A. A person shall not make or begin any excavation in any public
street, alley, right-of-way dedicated to the public use or utility easement
or on any express or implied private property utility easement without first
determining whether underground facilities will be encountered, and if so
where they are located from each and every public utility, municipal
corporation or other person having the right to bury such underground
facilities within the public street, alley, right-of-way or utility easement
and taking measures for control of the facilities in a careful and prudent
manner.
B. Every public utility, municipal corporation or other person having
the right to bury underground facilities shall file with the corporation
commission the job title, address and telephone number of the person or
persons from whom the necessary information may be obtained. Such person or
persons shall be readily available during established business hours. The
information on file shall also include the name, address and telephone number
of each one-call notification center to which the owner of the facility belongs. Upon receipt of inquiry or notice from the excavator, the owner of
the facility shall respond as promptly as practical, but in no event later
than two working days, by marking such facility with stakes, paint or in some
customary manner. No person shall begin excavating before the location and
marking are complete or the excavator is notified that marking is
unnecessary.
C. On a timely request by the owner of a facility, the excavator shall
mark the boundaries of the location requested to be excavated in accordance
with a color code designated by the commission or by applicable custom or
standard in the industry. A request under this subsection for excavator
marking does not alter any other requirement of this section.
D. In performing the marking required by subsection B of this section,
the owner of an underground facility installed after December 31, 1988 in a
public street, alley or right-of-way dedicated to public use, but not
including any express or implied private property utility easement, shall
locate the facility by referring to installation records of the facility and
utilizing one of the following methods:
1. Vertical line or facility markers.
2. Locator strip or locator wire.
3. Signs or permanent markers.
4. Electronic or magnetic location or tracing techniques.
5. Electronic or magnetic sensors or markers.
6. Metal sensors or sensing techniques.
7. Sonar techniques.
8. Underground electrical or radio transmitters.
9. Manual location techniques, including pot-holing.
10. Surface extensions of underground facilities.
11. Any other surface or subsurface location technique at least as
accurate as the other marking methods in this subsection not prohibited by
the commission or by federal or state law.
E. For an underground facility other than one installed after December
31, 1988, in a public street, alley or right-of-way dedicated to public use,
in performing the marking required by subsection B of this section, the owner
may refer to installation or other records relating to the facility to assist
in locating the facility and shall locate the facility utilizing one of the
methods listed under subsection D of this section.
F. If an underground facility owner is unable to complete the location
and marking within the time period provided by subsection B of this section,
the facility owner shall satisfy the requirements of this section by
providing prompt notice of these facts to the excavator and assigning one or
more representatives to be present on the excavation site at all pertinent
times as requested by the excavator to provide facility location services
until the facilities have been located and marked. The underground facility
owner shall bear all of its own costs associated with assigning representatives. If representatives are assigned under this subsection, the
excavator is not responsible or liable for damage to or repair of the owner's
underground facility while acting under the direction of an assigned
representative of the owner, unless the damage or need for repair was caused
by the excavator's negligence.
G. The marking required by subsection B of this section is valid for
fifteen days from the date of the marking
, EXCLUDING SATURDAYS, SUNDAYS AND OTHER LEGAL HOLIDAYS
. If the excavation will continue past the
validity period of the marks as provided by this subsection, the excavator shall
notify the facility owner or an organization designated by the facility owner
at least two days, excluding Saturdays, Sundays and legal holidays, before
the end of the validity period.
H. Nothing in this section shall be construed to prevent an excavator
and an underground facility owner from holding a preconstruction conference
regarding marking and location of underground facilities and entering into
a mutually agreeable written schedule or written arrangement for satisfying
the requirements of this section, except that this subsection does not
eliminate the excavator's obligation to notify the facility owner to mark
excavation sites under subsection B of this section based on the actual
construction schedule.
I. The owner of an underground facility shall notify the excavator
whether the facility is active or abandoned. For an underground facility
abandoned after December 31, 1988 or covered by installation records prepared
under section 40-360.30, subsection A, the owner of the facility may not
advise or represent to the excavator that a facility or portion of a facility
is abandoned unless the owner has verified, by reference to installation
records or by testing, that the facility or portion is actually abandoned and
not merely inactive. For all other abandoned or apparently abandoned
underground facilities, each one-call notification center shall establish a
method of providing personnel from a facility owner qualified to safely
inspect and verify that the facility is abandoned or active and a method for
reimbursing the verifying facility owner for the costs incurred. The
reimbursement method may not include any charge or expense to the excavator.
An inactive facility shall be considered active for purposes of this article.
For all purposes under this article, a facility owner, excavator or other
person subject to this article may not represent that an underground facility
is abandoned, or treat an underground facility as abandoned, unless the
facility has been verified as abandoned pursuant to this subsection.
J. Nothing in this section shall be construed as prohibiting the use
of warning tape, warning markers or any other warning device by the owner of
an underground facility.
APPROVED BY THE GOVERNOR MARCH 8, 1996.
FILED IN THE OFFICE OF THE SECRETARY OF STATE MARCH 11, 1996.
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