Appendix 1 – USA CA & NV Marking Guidelines

Appendix 1

Underground Service Alert California and Nevada Suggested Marking Guidelines

USA North’s California Excavation Manual

Overview: Page 1-6.

Ticket Format: Page 6-7.

Five Steps to a Safe Excavation: Page 7-8.

No Response Follow-up Messages: Page 8-9

Damage and Emergency Notification: Page 9

Suggested Marking Guidelines: Page 10-21. Disclaimer Notice: The suggested guidelines contained in this booklet are not intended to prevent excavators or opera-tors from providing alternate forms of marking that are in accordance with California Government Code 4216. The suggested guidelines are representative in nature and do not address all delineation or facility markout situations. NOTE: The Following Two Bullets are California Law.

California Business and Professions Code Section 7110: Page 21.

California Government Code (CGC) 4216 require-ments: Page 22-30. Outline your excavation area in white [4216.2. (a) (1)] Page 25. A 2 working day up to 14 calendar day (legal) notice is

required before digging [4216.2. (a) (1)] Page 25. USA North will notify its members of your excavation

[4216.2. (c)] Page 25. The USA North members will by the legal notice mark

or stake the horizontal path of their facilities, provide in-formation about the location of their facility, or advise the excavator of clearance [4216.3. (a) (1)] Page 26.

Expose the underground facilities by hand before using power equipment [4216.4 (a)] Page 27.

Keep the USA North ticket number to validate your ex-cavation permit [4216.9 (a)] Page 30.

The USA North ticket number is valid for 28 calendar days. You must have an active USA North ticket num-ber for the entire duration of your excavation [4216. (f)] Page 24.

CalOSHA Regulation Title 8 Chapter 4 Subchapter 4 Article 6 Section 1541: Page 30-32

This manual is provided to you as a public service by USA North and is dedicated to the safety of our

communities in California, and Nevada.

Know what’s below. Call 2 Working Days to 14 Calendar Days Before You Dig in California or Nevada!

1

OVERVIEW

USA North provides a free and effective Damage Preven-tion Service that protects our citizens, our communities, our environment, our essential public services, and our under-ground facilities in Central / Northern California and all of Nevada. USA North began operation in May of 1975 and incorporated as a Non Profit Mutual Benefit Corporation in 1986. Our purpose is to receive planned excavation reports that will begin within the next 14 calendar days from home-owners, excavators or professional contractors and transmit those planned excavation reports to all participating mem-bers of USA North who may have facilities at that excava-tion site. Our members will 1) mark or stake the horizontal path of their facility, 2) provide information about the loca-tion of their facility, or 3) advise the excavator of clearance, for facilities that they own. Calling hours are from 6 a.m. to 7 p.m. Monday thru Friday except weekends and the follow-ing holidays: New Year‟s Day, President‟s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Day after Thanksgiving, and Christmas Day.

USA North’s Service Area:

Central & Northern California: Alameda, Alpine, Amador, Butte, Calaveras, Colusa, Contra Costa, Del Norte, El Do-rado, Fresno, Glenn, Humboldt, Kern, Kings, Lake, Lassen, Madera, Marin, Mariposa, Mendocino, Merced, Modoc, Mono, Monterey, Napa, Nevada, Placer, Plumas, Sacra-mento, San Benito, San Francisco, San Joaquin, San Luis Obispo, San Mateo, Santa Clara, Santa Cruz, Shasta, Si-erra, Siskiyou, Solano, Sonoma, Stanislaus, Sutter, Teha-ma, Trinity, Tulare, Tuolumne, Yolo and Yuba.

Nevada: Carson City, Churchill, Clark, Douglas, Elko, Es-meralda, Eureka, Humboldt, Lander, Lincoln, Lyon, Mineral, Nye, Pershing, Storey, Washoe, and White Pine.

Common Ground - Study of One-Call Systems and Damage Prevention Best Practices;

The United States Department of Transportation‟s Office of Pipeline Safety (OPS) initiated the Common Ground report under the authorization of the Transportation Equity Act for the 21

st Century (TEA 21), Public Law 105-178, signed into

law on June 9, 1998. The purpose of the study was to iden-tify and validate existing best practices performed in con-nection with preventing damages to underground facilities. The Study ultimately resulted in a quality product that can be used to help in future efforts to improve underground damage prevention. The collected best practices should be shared among stakeholders involved with and dependent upon the safe and reliable operation, maintenance, con-struction and protection of underground facilities.

2

Common Ground Chapters Titles: 1. Introduction 2. Planning & Design Best Practices 3. One-Call Center Best Practices 4. Locating & Marking Best Practices 5. Excavation Best Practices 6. Mapping Best Practices 7. Compliance Best Practices 8. Public Education & Awareness Best Practices 9. Reporting & Evaluation Best Practices 10. Miscellaneous Best Practices Appendix A - Glossary of Terms & Definitions Appendix B - Uniform Color Code & Marking Guidelines Appendix C - Sample Form for Reporting Damage Pre-

vention Information Appendix D - Additional References

For a complete version of the Common Ground Alliance Best Practices logon to www.commongroundalliance.com and download this information or order a copy.

Common Ground Alliance Chapter 5 “Excavation Best Practices”: 5.1 One-Call Facility Location Request 5.2 White Lining (CA / NV requires that you mark in white) 5.3 Locate Reference Number 5.4 Pre-excavation meetings 5.5 Facility Relocations 5.6 Separate Location Requests 5.7 One-Call Access (24/7) 5.8 Positive Response 5.9 Facility Owner / Operator Failure to Respond 5.10 Locate Verification 5.11 Documentation of Marks 5.12 Work Site Review with Company Personnel 5.13 One-Call Reference Number at Site 5.14 Contact Names and Numbers 5.15 Facility Avoidance 5.16 Federal and State Regulations 5.17 Marking Preservation 5.18 Excavation Observer 5.19 Excavation Tolerance Zone 5.20 Excavation within the Tolerance Zone 5.21 Mismarked Facilities

5.22 Exposed Facility Protection 5.23 Locate Request Updates 5.24 Facility Damage Notification 5.25 Notification of Emergency Personnel 5.26 Emergency Excavation 5.27 Backfilling 5.28 As-Built Documentation 5.29 Trenchless Excavation 5.30 Emergency Coordination with Adjacent Facilities 5.31 No Charge for Providing Underground Facility Locations

3

Important Web Sites: Common Ground Alliance / One Call Systems Int‟l

www.commongroundalliance.com

USA North – (Call Before You Dig Center) www.usanorth.org

California Government Code www.leginfo.ca.gov/cgi-bin/calawquery?codesection=gov&codebody=4216&hits=20

California Code of Regulations (Cal/OSHA) - www.dir.ca.gov/title8/1541.html

Nevada Revised Statues - www.leg.state.nv.us/NRS/NRS-455.html

Nevada Administration Code - www.leg.state.nv.us/NAC/NAC-455.html

Be knowledgeable of all Federal, State, County, City or Local Requirements: Construction Code

Contractor License Code

Safety Code

Franchise Code

OSHA

Federal, State, County, City or Local Ordinances

Others that apply

General Excavation Information: Prior to starting an excavation, examine the excavation

site for physical evidence (manholes, valve covers, wa-ter meters, sewer cleanouts, vaults, utility maintenance boxes, pole risers, etc) that would indicate the existence of underground facilities. Always excavate, as cautious-ly and prudently as possible.

USA North accepts calls for excavation work on public or private property, on Military Bases, on Indigenous People‟s Reservations and even on waterways within our coverage area.

Our members will mark or stake the horizontal path, provide information about the location, or provide clear-ance to the excavator for facilities that they own. Exca-vators should be aware there could be other facilities of the same type at the excavation site owned by the prop-erty owner or another company who is not a member of USA North.

When excavating within 10‟ of subsurface installations daylight the facility by hand every 25‟ to make sure the facility is where it is indicated. When excavating in CA or NV within 24” of a facility the law requires you to hand expose and protect the facility (it does not mean daylight or pothole) prior to using power equipment.

Individuals with firsthand knowledge of the excavation site and that can be reached by telephone should call the location description into USA North. This allows us,

4

and our members, to discuss the location with a person who has knowledge of the excavation layout and spe-cific location.

Limit your excavation location description to a site that can be completed within a 28 calendar day period from the date of your call to USA North in California or Neva-da and that our members can reasonably locate within 2 working days.

USA North limits excavation work to areas no longer in length than 1½ miles in a metropolitan area and 3 miles in a rural area.

Dividing larger excavation areas into smaller managea-ble sites helps our members respond to your excavation site more promptly.

As work in one excavation site nears completion, call in your next excavation site to USA North and continue this process until your entire excavation area is complete.

When working on private property the excavator should determine what facilities belong to the property owner, (water, well, sewer, septic tanks, gas, propane lines, electrical, etc.) and what easement(s) may exist on the property, if any. In general, responsibility of underground facilities transfers to the property owner behind the curb, behind the sidewalk, clean out, at the meter or point of demarcation.

USA North notifies only its members of your excavation work, for your safety you should notify any non-member.

Excavation Types:

Special Note - You will need to provide the City or Com-munity that the excavation work is being done in and a ver-bal description of your excavation site. From your descrip-tion, your Digsite will be built on the USA North base map to determine which of our members will be notified for that area. If your information is not accurate and correct the wrong members could be notified. It is critical that you pro-vide USA North precise information about the location of the excavation, this is especially true when dealing with; New Streets, New Subdivisions or work off the roadway. If you are using distance or direction measurements, you should be accurate within 10 feet + or - with each measurement. To insure the accuracy of your location, provide the Latitude Longitude positions from a GPS device using NAD 83 CONUS decimal format. I. Street/Address(es):

A. For an address provide: 1) Address and street name. 2) Two nearest streets that the address is between

(system can take one street). 3) Where on the property you are digging? 4) How many feet from the street in front of your

address is the work?

5

B. For multiple addresses provide: 1) Addresses and street name. 2) Two nearest streets that these addresses are be-

tween (system can take one street). 3) Where on the property you are digging? 4) How many feet from the street in front of your

address is the work? C. For a Street provide: 1) Street name and nearest intersecting street 2) Side of street with distance / direction

II. Intersections: A. For an Intersection provide: 1) Street name and intersecting Street name. 2) Where in the intersection you are working?

B. For work at a single point from the Intersection provide:

1) Street name and intersecting street name. 2) Distance / direction to the point where the work

will be. C. For multiple points from an intersection (you may

have to divide your excavation site into multiple lo-cations that fit into four lines of text) provide:

1) Street name and intersecting street name. 2) Distance / direction to the first point where the

work will be at; 3) From the first point provide the distance / direc-

tion to the second point where the work will be at; 4) From the second point provide the distance / di-

rection to the third point where the work will be at;

5) From the third point provide the distance / direc-tion to the forth point where the work will be at.

D. For continuous work from an intersection provide (you may have to divide your excavation site into multiple locations that fit into four lines of text):

1) Street name and intersecting street name. 2) Distance / direction to the first point where you

will be working to; 3) From the first point provide the distance / direction

to the second point where you will be working to; 4) From the second point provide the distance / direc-

tion to the third point where you will be working to; 5) From the third point provide the distance / direction

to the forth point where you will be working to. III. Between Intersections:

A. For work on a Street between intersections provide: 1) Street name. 2) Two intersecting Street names that the work is

between. 3) Description of where on the Street you are work-

ing with distance / direction. B. Multiple points on a Street between intersections

6

provide: 1) Street name. 2) Two nearest Street names that the work is be-

tween. 3) Description of where on the Street you are work-

ing with distance / direction for each point. C. For New Streets or New Subdivision (containing no

streets on map within the excavation area) provide: 1) Street and nearest intersection outside the exca-

vation. 2) Distance / direction to the new Street or Sub-

division and a radius they are contained within. IV. Bounded by Areas: (contains no streets on map within

the excavation area): A. For Bounded Areas with Streets provide: 1) Street names that bound the area (2, 3 or 4

streets). B. For Bounded Areas with streets and distances pro-

vide: 1) Street names that will be used as boundaries for

the area. 2) Distance / direction from the one or two streets that

will create the bounded in area. V. Mile Post Markers (MP): (All MP must be on the same

Highway, list MP as from to or as a single pt.) A. For a single MP on a Highway 1) Highway number _______ 2) Green MP# ________ or White MP# ________

B. For MP from to MP on a Highway 1) Highway number _______ 2) Green MP# ________ or White MP# ________ to

Green MP# ________ or White MP# ________

USA North Ticket Format: Business Phone Number: Fax Number: Email Address: Your Name: Company Name: Type: Industry: Company‟s Address: City: State: Zip: What County is your work being done in? Will any of your excavation work include night work? Will any of your excavation work be done on the week-

end? Start Date: (2 working days to 14 calendar days notice

required) Start Time: Working For:

7

As required has site been Premarked? Premarked method used? Permit Type: Permit #: Foreman ‟s Name: Cell Telephone: Field Telephone: Does your excavation include boring, if so what type? Type/Nature of Work: (augering, drilling, grading, rip-

ping, trenching, etc.) Will Explosives be used at your work site? Do you intend to use vacuum equipment instead of

hand digging to determine the exact location of our member‟s underground facilities?

Digsite Place: (City or Community) Digsite Types: Include side of street, footages, other

tie in measurements, or lat/long in NAD 83 CONUS decimal format. (More digsite information is available in this manual) I. Street/Address(es): II. Intersections: III. Between Intersections: IV. Bounded by Area (contains no Streets on map

within the excavation area): V. Mile Post Markers (MP): (Must be on the same

Highway, list MP as from to or single point). Will the excavation enter into the street or sidewalk

area? Ticket #: Date of Call: Ticket Expiration Date: Update your ticket by:

Calling hours are from 6 a.m. - 7 p.m. Mon - Fri excluding weekends and USA North‟s holidays. For easy access to 24 x 7 ticket entry call 1-925-798-9504 ext 2309. More details for this form are available at www.usanorth.org your infor-mational resource.

Five Steps to a Safe Excavation: 1. Survey and Mark: Survey your proposed excavation

site. Make a list of affected operators of underground facili-ties (operators) at your job site, their needs and require-ments. Mark the excavation site on paved surfaces with white spray chalk, water base, UV paint, or equivalent less permanent type marking; use flags, stakes, whiskers, etc. on unpaved surfaces, (Homeowners can use flour).

2. Call Before You Dig: Call USA North 2 working days to 14 calendar days (legal notice) before you dig in California or Nevada. Only operators who are members of the USA North program will be notified. Compare your list of affected operators determined in Step 1, with the list of operators notified by USA North. For your safety contact any operator at your job site that is not a member of USA North. USA North accepts design inquiry requests through its internet application only, call 925-798-9504 ext 2309 for more information.

8

3. Wait the Required Time: The legal 2 working days to 14 calendar days notice in California and Nevada allows USA North members to examine their underground facility records and respond to you. Excavators are required by law to wait until all operator(s) of subsurface installations have provided a positive response to their excavation site. The positive response includes operator‟s marking, or staking the horizontal path of their facility with the appropriate color code, providing information about the location of their facili-ty, or advising the excavator of clearance. Depending on our member‟s workload, they may contact you to try to ne-gotiate a new start time for your excavation.

4. Respect the Marks: Preserve facility marks for the duration of the job. If any of the operator markings are not reasonably visible, you must call USA North and request re-marking by the affected operator(s). A re-mark request requires a 2 working day notice. When you request an op-erator(s) to re-mark their facilities, you will be asked if your excavation site is still outlined in white, so the USA North members can respond to your request. Note: A USA North ticket is active for 28 calendar days in California and Nevada from the date of its issuance. You must have an active USA North ticket for the entire duration of your excavation.

5. Dig With Care: In California and Nevada hand exca-vate within 24" of the outside diameter of the facility. Facili-ties that are in conflict with your excavation are to be lo-cated with hand tools and protected before power equip-ment is used. Notify the affected operator(s) of any contact, scrape, dent, nick or damage to their facility.

No Response Follow-Up: This process starts when the excavator notifies USA

North that:

A 2 working day to 14 calendar day (legal) notice was provided on the original ticket and,

The start date/time has passed and,

A member(s) failed to respond to the excavation site by the legal start date & time of the ticket.

When a member successfully negotiates a new start date/time with an excavator, the negotiated start date/time becomes the legal start date/time for that excavation notice.

Once the start date/time has passed, the excavator should determine if all USA North members have responded. The members will: mark or stake the horizontal path of their fa-cilities, provide information about the location of their facili-ties, or advise the excavator of clearance. If the excavator determines that a member(s) of USA North has failed to respond in one of these manners the following steps are to be taken.

1) First No Response Follow-up: Call USA North after the original or agreed upon legal start date/time, that the

9

work was to begin, and request USA North to send a “First No Response Follow-up” to the member(s) (name the par-ticular member(s)) that failed to respond to your notice. Request the member(s) to call and respond ASAP or call and provide clearance.

2) Second No Response Follow-up: Wait at least an hour or more, from your last call, to provide our member(s) an opportunity to call and respond to your first request. After this time has passed and the member(s) still has not contacted you, call and request USA North to send a “Second No Response Follow-up” to the member(s) (name the particular member(s)) that has failed to respond to your notice. Request the member(s) to call and respond ASAP or calland provide clearance.

3) Third No Response Follow-up: Wait at least an hour or more, from your last call, to provide our member(s) an opportunity to call and respond to your second request. After this time has passed and the member(s) still has not contacted you, call and request USA North, to send a “Third No Response Follow-up” to the member(s) (name the par-ticular member(s)) that has failed to respond to your notice. Request the member(s) to call and respond ASAP or call and provide clearance. Note; the Center will attempt to make a call to the member(s) terminal involved and ask the member(s) to respond ASAP once the Third No Response Follow-up message has been transmitted.

Warning: There may be unidentified underground fa-cilities at your job site. The excavator should review the job site for physical evidence of facilities not located, i.e. man-holes, valve covers, water meters, sewer cleanouts, vaults, drains, fire hydrant, utility maintenance boxes, pole risers, or other facility indicators such as pavement patches etc.

Damage / Exposed Notification: An excavator discovering or causing damage to a subsur-face installation shall notify the operator of the installation and USA North.

USA North accepts damage / exposed notices from the excavator and transmits the notice to our members in the area of the damage. USA North will also provide the exca-vator with the emergency telephone number for the mem-ber whose facility was damaged.

Emergency Notification: If the damage results in the escape of any flammable, toxic or corrosive gas or liquid or endangers life, health or property, the excavator responsible immediately notifies 911 and the facility owner/operator.

The excavator takes reasonable measures to protect themselves and those in immediate danger, public, property and the environment until the facility owner / operator or emergency responders have arrived and completed their assessment.

10

Suggested Guidelines for Prospective Excavation Site Delineation and

Facility Operator Location Markout

This guide provides for temporary uniform surface marking of both planned excavations and of substructures in poten-tial conflict of planned excavations. White markings are used for excavation delineation. Substructure markings are of a specific color. Appropriate color and common abbre-viations are listed herein. Full facility operator and excava-tor responsibilities are detailed in California Government Code (CGC) 4216 through 4216.9 and California Code of Regulations (Cal/OSHA) Title 8 Section 1541.

Note: Temporary markings should be clearly seen, func-tional and considerate to surface aesthetics and the local community. Also, check to see if any local ordinances ap-ply. It is recommended that each operator and excavator use a consistent marking standard.

Marking In Paved Areas Avoid excessive or oversized marking, especially if marking outside the excavation area. Conditions permitting, use spray chalk paint, water base paint, UV paint, or equivalent less permanent type marking. Limit length, height and in-terval of marks to those recommended in this manual. Let-ters and numbers should not exceed 3” to 6” in height.

Marking in Non-Paved Areas The use of appropriately colored flags, stakes, whiskers or chalk lines should be used in non-paved areas. Select marker types that are most compatible to the purpose and marking surface. Adhere to paved area marking sugges-tions to the extent practical.

Marking Removal We recommend that the permitting agency (Local, City, County, State or Federal) require the permittee to remove all marking paint or other suitable markings at the conclu-sion of the excavation. Included are all excavator and utility operator (operator) markings that resulted from the project. This recommendation is because the excavator has the knowledge of the specific area and limits of the excavation; they are required under CGC 4216.2. (a) (1) to outline their excavation in white paint or other suitable markings; they requested to have the operators mark the facilities which

General Guidelines

If any marking information is omitted due to site conditions, communicate omitted data by direct contact, signs, phone, fax, etc.

“Offset” markings should clearly indicate the direction, the distance, and the path of facility or excavation.

11

interface with the excavation; and they have the knowledge of when the excavation is completed. This will help elimi-nate graffiti on our streets and sidewalks caused by these markings and stop the erroneous use of out-dated opera-tor‟s markings by other excavators.

Permitting Agencies We also recommend that permitting agencies (Local, City, County, State or Federal) make excavators aware when multiple excavation permits are taken out for the same pe-riod of time and area. The agencies should advise each excavator that other excavators will be working within the same area and encourage them to communicate with one another so they do not destroy each other‟s excavation site markings or the markings of the operators responding to the multiple excavation sites.

Excavators Excavators should be specific when providing the descrip-tion of the excavation area to USA North and when out-lining their excavation area in white chalk paint or other suitable markings. This will help the operators to respond to the exact area of excavation and minimize their markings.

Excavator‟s pre-marking (delineation) of the excavation site is a requirement of CGC 4216 and CalOSHA 1541.

Delineate the area to be excavated before calling USA North this is a requirement of CGC 4216.2 (a). Deli-neated areas should be identified in white markings with the requester‟s company identifier (name, abbreviations or initials) within the pre-marked zones (see examples).

Failure to pre-mark when practical may jeopardize your permit, or result in civil penalties.

CGC 4216.2 (f) requires: “If pre-marking is not practical, the excavator shall contact” USA North “to advise the operators that the excavator shall identify the area to be excavated in another manner sufficient to enable the operator to determine the exact area of the excavation to be field marked”.

CGC 4216.2 (e) states delineation must not be; mislead-ing, duplicative or misinterpreted as traffic or pedestrian control.

Operators To increase the accuracy of the locates when the facilities run through utility maintenance boxes, manholes, valve covers, splice boxes etc have your locators pull the lids to determine how many facilities enter and leave the boxes and which direction the facilities run. Operators marking outside the white outlined excavation area should include the USA North ticket number with their marks to identify which excavation site their marks were provided for.

12

The following marking illustrations are examples of how excavators may choose to mark their area of proposed ex-cavation. The use of white marking products (e.g. paint, flags, stakes, whiskers or a combination of these) may be used to identify the excavation site.

Single Point Excavations Markings

Full Line Radius or Arc

Four Corner Dash Line

Delineate in white products the proposed area of excavation through the use of: a continuous line, dots marking the ra-dius or arcs, dashes marking the four corners of the project, or dashes outlining the excavation project. Limit the size of each dash to approximately 6” to 12” in length and 1” in width with interval spacing approximately 4‟ to 50‟ apart. The maximum separation of excavation marks is to be re-duced to a length that can be reasonably seen by the oper-ator‟s locators when the terrain or excavation site conditions warrant it. Dots of approximately 1” diameter are typically used to define arcs or radii and may be placed at closer intervals in lieu of dashes.

Single Stake Marking Center Point of Excavation Site

CGA Guidelines For Excavation Delineation

● Single stake with

radius noted.

The single stake defines the pro-

posed center of the excavation site. The radius of the

excavation site is to be clearly indi-cated on the stake.

This circle illustrates

the radius indicated on the

stake.

Co. Identifier

1” Wide

6”Approx. Length

Co. Identifier

1” Wide

6” Approx. Length

1” Dia.

Dots

Co. Identifier

Co. Identifier

1” Wide

1” Wide

Dots to be less

than 4‟ spacing

13

When an excavation site is contained within a 50‟ maximum radius, or less, it can be delineated with a single stake that is positioned at the proposed center of the excavation. If the excavator chooses this type of delineation they must convey that they have delineated the excavation site with a single stake at the center of the excavation and include the radius of the site in the notification to the One-Call Center. This single stake is to be white in color with the following information: excavator‟s company identifier (name, abbrevi-ations or initials) and the radius of the excavation site in black letters on the stake or with a notice attached to the stake.

Trenching, Boring, or Other Continuous Types of Excavations

Trench Line Proposed Excavation Center Line Trench Line Company Company Identifier Identifier

1” x 6” to 12” 1” Dia. Dots

Arrows

Curb

Property Line

Mark in white paint the proposed centerline of planned ex-cavation 6” to 12” x 1” arrows, approximately 4‟ to 50‟ apart to show direction of excavation. The maximum separation of excavation marks is to be reduced to a length that can be reasonably seen by the operator‟s locators when the terrain at an excavation site warrants it. Mark lateral excavations with occasional arrows showing excavation direction from centerline with marks at curb or property line if crossed. Dots may be used for curves and closer interval marking.

Stakes, Flags or Whiskers Excavation Markers Stakes, Flags or Whiskers Stakes, Flags or Whiskers

Marking Four Corners Marking Outline of Excavation

Delineate the proposed area of excavation through the use of: stakes, flags or whiskers to mark radius or arcs, the four corners of the project or outlining the excavation project instead of using spray paint. Limit the interval spacing to

Continuous Excavation Marking

● ●

● ●

● ● ●

● ●

● ● ●

14

approximately 4„ to 50‟. The maximum separation of exca-vation marks is to be reduced to a length that can be rea-sonably seen by the operator‟s locators when the terrain at an excavation site warrants it. Stakes, flags or whiskers provided to illustrate arcs or radii may be placed at closer intervals in order to define the arc or radius. Stakes, flags, or whiskers are white in color with the excavator‟s company identifier (name, abbreviations, or initials) provided on the stake, flag or whisker. Operator markings of facilities include; the appropriate color for their facility type; their company identifier (name, initials, or abbreviation) when other companies are using the same color, the number and width of their facilities and a descrip-tion of the facility (HP, FO, STL etc). Use paint, flags, stakes, whiskers or a combination to identify the operator‟s facility(s) at or near an excavation site.

Marks in the appropriate color are to be approximately 12” to 18” in length and 1” inch in width and separated by approximately 4‟ to 50‟ in distance as an example. When marking facilities the operator is to consider the type of facility being located, the terrain of the land, the type of excavation being done and the method to ade-quately mark its facilities for the excavator. 4‟ to 50‟

12” to 18” in distance

between marks 1” Wide

The following marking illustrations are examples of how an operator may choose to mark their subsurface in-stallations

Single Facility Marking: Used to mark a single facility, marks are placed over the approximate center of the facility. This example indicates an operator‟s 12” facility. When a facility can be lo-cated or toned separately from other facilities of the same type it is marked as a single facility.

CGA Guidelines For Operator’s Facility Field Delineation

Approximate Center of Facilities

1

2

a

15

Multiple Facility Marking: Used to mark multiple facilities of the same type (e.g. electric), where the separation does not allow for a separate tone for each facility but the number and width of the facili-ties is known. Marks are placed over the approx-imate center of the facilities and indicate the num-ber and width of the facilities. This example indi-cates 4 plastic facilities that are 4” in diameter (4/4” PLA).

Conduit Marking: Used for any locatable facility being carried inside conduits or ducts. The marks indicating the outer extremities denote the actual located edges of the facilities being represented. An example would be 4 plastic conduits that are 4” in diameter (4/4” PLA), and the marks are 16” apart indicating the actual left and right edges of the facilities.

Corridor Marking: Used to mark multiple facilities of the same type (e.g. electric), in the same trench where the total number of facilities is not readily known (operator has no record on file for the number facilities) and that are bundled or intert-wined. Marks are placed over the approximate center of the facilities and indicate the width of the corridor. The width of the corridor is the distance between the actual located outside edges of the combined facilities. This example indicates a 12” corridor (12” CDR).

Approximate Center of Facilities

b

Actual Outer Edges of Facilities

d

c

16

Changes in direction, and lateral connections are to be clearly indicated at the point where the change in direc-tion or connection occurs with an arrow indicating the path of the facility. A radius is indicated with marks de-scribing the arc. When providing offset markings, (paint or stakes), show the direction of the facility and distance to the facility from the markings.

Actual Outer Edges of Facilities

3

PG&E

6” PLA

Approximate center

Radius Example!

SCG

2”PLA

El

Lateral Connection Example!

Approximate center

Approximate Center of Combined Facilities

17

An operator‟s identifier (name, abbreviation or initials) is to be placed at the beginning and at the end of the proposed work. In addition to the previous, subse-quent operators using the same color, will mark their company identifier at all points where their facility crosses another operator‟s facility using the same col-or. The maximum separation of identifiers is to be re-duced to a length that can be reasonably seen by the excavator when the terrain at the excavation site war-rants it. CTYSAC CITIZENS VERIZON Information as to the size and composition of the facili-ty is to be marked at an appropriate frequency. Exam-ples are: the number of ducts in a multi-duct structure, width of a pipeline, and whether it is steel, plastic, ca-ble, etc. CCWD RSVTEL DOW 4” PLA 9 PLA 12” STL

PG&E

8’ off

Painted Offset (off) Example!

12”

STL

Approximate

Center

Approximate

Center

PG&E 4’ off

12”

STL

Staked Offset (off) Example!

4

5

18

Facilities installed in a casing should be identified as such. Two examples are: 6” plastic in 12” steel = 6”PLA/12”STL and fiber optic in 4” steel = FO(4”STL). ACWD AT&T 6”PLA/12”STL FO(4”STL) Structures, such as vaults, inlets, lift stations that are physically larger than obvious surface indications, are to be marked so as to define the parameters of the structure. Termination points or dead ends should be indicated as such. When there is “No Conflict” with the excavation com-plete one or more of the following:

Operators of a single type of facility (e.g. AT&T) would mark the area “NO” followed by the appropri-ate company identifier in the matching APWA color code for that facility (e.g. “NO AT&T”)

Operators of multiple facilities would mark the area “NO” followed by the appropriate company identifier in the matching APWA color code for that facility with a slash and the abbreviation for the type of facility that there is “No Conflict” (e.g. “NO PG&E/G/D”). The example illustrates that PG&E has no gas distri-bution facilities at this excavation site. The abbrevia-tion for; gas transmission facilities is “/G/T”, electric distribution is “/E/D” and electric transmission is “/E/T” these should be used when appropriate.

Place a clear plastic (translucent) flag that states “No Conflict” in lettering matching the APWA color code of the facility that is not in conflict. Include on the flag the operator‟s identifier, phone number, a place to write the locate ticket number and date. Operators of multiple facilities would indicate on the flag, which

PG&E PG&E Vault

7

8

6

7

9

D.E.

19

facilities were in “No Conflict” with the excavation as in the previous example.

If it can be determined through maps or records that the proposed excavation is obviously not in conflict with their facility(s) the locator or operator of the facil-ity may notify the excavator of “No Conflict” by phone, fax, or email, or through the One-Call Center, where electronic positive response is used. Opera-tors of multiple facilities would indicate a “No Con-flict” for each facility as in the previous examples.

Place “No Conflict” markings or flags in a location that can be observed by the excavator and or notify the excavator by phone, fax, or email that there is “No Conflict” with your facilities. When the excava-tion is delineated by the use of white markings, place “No Conflict” markings or flags in or as near as prac-ticable to the delineated area.

* Caution - Allow adequate space for all facility mark-outs. “No Conflict” indicates; that the operator providing the “No Conflict” has no facilities within the scope of the delineation, or when there is no delineation, there are no facilities within the work area as described on the locate ticket.

Color Code Identifiers

White Proposed Exca-

vation Pink Temporary Sur-

vey Markings

Red Electric Power Lines, Cables, Conduit and Lighting Cables

Yellow Gas, Oil, Steam, Petroleum or Gaseous Mate-rials

Orange Communication, Alarm or Signal Lines, Cables or Conduit

Blue Potable Water

Purple Reclaimed Wa-ter, Irrigation and Slurry Lines

Green Sewers and Drain Lines

NO CTYSFO/W NO MCI NO PG&E/G/T Work Area NO SBC Delineation

20

Common Abbreviations: Facility Identifiers

CH Chemical SS Storm Sewer

E Electric SL Street Lighting

FO Fiber Optic STM Steam

G Gas SP Slurry System

LPG Liquefied Petroleum Gas TEL Telephone

PP Petroleum Products TS Traffic Signal

RR Railroad Signal TV Television

S Sewer W Water

SD Storm Drain W Reclaimed Water “Pur-ple”

Underground Construction Descriptions

C Conduit HH Hand Hole

CDR Corridor MH Manhole

D Distribution Facility PB Pull Box

DB Direct Buried R Radius

DE Dead End STR Structure (vaults, junc-tion boxes, inlets, lift stations)

JT Joint Trench T Transmission Facility

HP High Pressure

Infrastructure Material

ABS Acrylonitrile - Butadiene

– Styrene HDPE High Density Polyethy-

lene

ACP Asbestos Cement Pipe MTD Multiple Tile Duct

CI Cast Iron PLA Plastic (conduit or pipe)

CMC Cement Mortar Coated RCB Reinforced Concrete Box

CML Cement Mortar Lined RCP Reinforced Concrete Pipe

CPP Corrugated Plastic Pipe RF Reinforced Fiberglass

CMP Corrugated Metal Pipe SCCP Steel Cylinder Con-crete Pipe

CU Copper STL Steel

CWD Creosote Wood Duct VCP Vertrified Clay Pipe

21

Guide for Abbreviation Use

This is a guide for placing the above abbreviations in the field. The Company Identifier is to be placed at the top or at the left of the abbreviations. Place the abbreviations in the following order, Company Identifier / Facility Identifier / Un-derground Construction Descriptions / Infrastructure Materi-al (e.g. SBC/TEL/FO/PLA). This example indicates that SBC has a Telecommunication Fiber Optic line in a single Plastic conduit. The use of the abbreviation /TEL is not necessary, because the orange marking would indicate that the facility was a communication line, but its use is optional. To leave out one or more of the abbreviation types you would continue to follow the order of the abbreviations above leaving out the slash and abbreviation that does not apply (e.g. /TEL), the result would be the following (e.g. SBC/FO/PLA).

CALIFORNIA BUSINESS

AND PROFESSIONS CODE 7110

IN ASSEMBLY BILL FORM:

CONTRACTOR STATE LICENSE BOARD ENFORCEMENT Assembly Bill No. 2719

An Act to amend Section 7110 of the Business and Profes-sions Code, relating to contractors.

LEGISLATIVE COUNSEL‟S DIGEST

AB2719, as amended, Frazee. Contractors. Existing law provides that violation of specified laws by

a licensed contractor constitutes cause for disciplinary ac-tion.

This bill would include within the specified laws provi-sions dealing with excavations and subsurface installations.

The people of the State of California do enact as follows:

SECTION 1. Section 7110 of the Business and Profes-sions Code is amended to read:

7110. Willful or deliberate disregard and violation of the building laws of the state, or of any political subdivision thereof, or of the minimum painting standards adopted pur-suant to Section 37040 of the Health and Safety Code, or of Section 8505 or 8556 of this code, or of Sections 1689.5 to 1689.8, inclusive, or Section 1689.10 to 1689.13, inclusive, of Civil Code, or of the safety laws or labor laws or compen-sation insurance laws or Unemployment Insurance Code of the state, or violation by any licensee of any provision of the Health and Safety Code or Water Code, relating to the dig-ging, boring, or drilling of water wells, or Article 2 (com-mencing with Section 4216) of Chapter 3.1 of Division 5 of Title 1 of the Government Code, constitutes a cause for disciplinary action.

22

CALIFORNIA GOVERNMENT CODE 4216

IN SENATE BILL FORM:

SENATE BILL NO. 1359

CHAPTER 651

An act to amend Sections 4216, 4216.2, 4216.3, 4216.4 and 4216.7 of the Government Code, relating to excava-tion around subsurface installations.

[Approved by Governor September 29, 2006. Filed with Secretary of State September 29, 2006.]

LEGISLATIVE COUNSEL‟S DIGEST

SB 1359, Torlakson. Subsurface installations: excava-tions.

(1) Existing law requires planned excavations near subsurface installations to be conducted in a specified manner that protects the subsurface installations from damage. Existing law requires an excavator to determine the exact location of subsurface installations using speci-fied tools. If the excavator still cannot locate the exact po-sition of the installation, existing law then requires the ex-cavator to request the operator to provide specified addi-tional information to help determine the exact location of the installation. Existing law provides that an excavator who has failed to comply with regulations, as provided, is liable for any damages unless the owner or operator has not complied with regulations, as provided.

This bill would require the operator, if the excavation is within 10 feet of a high-priority subsurface installation, as defined, to notify the excavator of the installation, as spe-cified, and to hold an onsite meeting with the operator to verify the location of the installation. This bill would allow only a qualified person, as defined, to perform subsurface installation locating activities, require a qualified person performing subsurface installation locating activities to use specified locating activities and devices, and require the operator to maintain plans for the subsurface installa-tions. This bill also would require the regional notification center to provide an excavator with the operator's contact information and require an excavator to immediately noti-fy the operator or 911 emergency services, if the operator cannot be contacted, when an excavator discovers or causes damage to a subsurface installation. This bill would also provide that any operator who fails to provide the position of a subsurface installation will be liable for any resulting costs, as specified, that the excavator may encounter as a result of the discrepancy. This bill would provide that an excavator will be liable for any resulting costs, as specified, for damages to a subsurface installa-

23

tion, for which the operator provided the position of, that are caused by the excavator.

(2) Existing law authorizes an excavator to determine the exact location of subsurface installations that are in conflict with the excavation before using any vacuum ex-cavation devices or power-operated or power-driven ex-cavating or boring equipment within the approximate lo-cation of the subsurface installation, provided there is an express written mutual agreement, as specified, and with a specified exception. If there is no express agreement, the excavator is required to use hand tools to determine the location of subsurface installations, as specified.

This bill would instead provide that, if documented no-tice of the intent to use vacuum excavation devices, or power-operated or power-driven excavating or boring equipment has been provided to the subsurface installa-tion operator or operators and it is mutually agreeable to the operator or operators of the subsurface installation and the excavator, the excavator may use vacuum exca-vation devices or power-operated or power-driven exca-vating or boring tools within the approximate location of the subsurface installation.

The people of the State of California do enact as fol-lows:

SECTION 1. Section 4216 of the Government Code is amended to read:

4216. As used in this article the following definitions apply:

(a) “Approximate location of subsurface installations” means a strip of land not more than 24 inches on either side of the exterior surface of the subsur face insta l -lat ion. “Approxim ate locat ion” does not mean depth.

(b) “Excavation” means any operation in which earth, rock, or other material in the ground is moved, removed, or otherwise displaced by means of tools, equipment, or explosives in any of the following ways: grading, trench-ing, digging, ditching, drilling, augering, tunneling, scrap-ing, cable or pipe plowing and driving, or any other way.

(c) Except as provided in Section 4216.8, “excavator” means any person, firm, contractor or subcontractor, owner, operator, utility, association, corporation, partner-ship, business trust, public agency, or other entity which, with their, or his or her, own employees or equipment performs any excavation.

(d) “Emergency” means a sudden, unexpected occur-rence, involving a clear and imminent danger, demanding immediate action to prevent or mitigate loss of, or dam-age to, life, health, property, or essential public services. “Unexpected occurrence” includes, but is not limited to, fires, floods, earthquakes or other soil or geologic move-

24

ments, riots, accidents, damage to a subsurface installa-tion requiring immediate repair, or sabotage.

(e) "High priority subsurface installation" means high-pressure natural gas pipelines with normal operating pressures greater than 415kPA gauge (60psig), petro-leum pipelines, pressurized sewage pipelines, high-voltage electric supply lines, conductors, or cables that have a potential to ground of greater than or equal to 60kv, or hazardous materials pipelines that are potentially hazardous to workers or the public if damaged.

(f) “Inquiry identification number” means the number that is provided by a regional notification center to every person who contacts the center pursuant to Section 4216.2. The inquiry identification number shall remain valid for not more than 28 calendar days from the date of issuance, and after that date shall require regional notifi-cation center revalidation.

(g) “Local agency” means a city, county, city and county, school district, or special district.

(h) “Operator” means any person, corporation, part-nership, business trust, public agency, or other entity that owns, operates, or maintains a subsurface installation. For purposes of Section 4216.1 an “operator” does not include an owner of real property where subsurface facili-ties are exclusively located if they are used exclusively to furnish services on that property and the subsurface facil-ities are under the operation and control of that owner.

(i) "Qualified person" means a person who completes a training program in accordance with the requirements of Title 8, California Code of Regulations, Section 1509, Injury Prevention Program, that meets the minimum train-ing guidelines and practices of Common Ground Alliance current Best Practices.

(j) “Regional notification center” means a nonprofit association or other organization of operators of subsur-face installations that provides advance warning of exca-vations or other work close to existing subsurface instal-lations, for the purpose of protecting those installations from damage, removal, relocation, or repair.

(k) “State agency” means every state agency, de-partment, division, bureau, board, or commission.

(l) “Subsurface installation” means any underground pipeline, conduit, duct, wire, or other structure, except nonpressurized sewerlines, nonpressurized storm drains, or other nonpressurized drain lines.

4216.1. Every operator of a subsurface installation, ex-cept the Depar tm ent of Transportat ion, shall be-come a member of, participate in, and share in the costs of, a regional notification center. Operators of subsurface installations who are members of, participate in, and share in, the costs of a regional notification center, includ-ing, but not limited to, the South Shore Utility Coordinat-

25

ing Council, the Underground Service Alert–Northern Cal-ifornia or the Underground Service Alert–Southern Cali-fornia are in compliance with this section and Section 4216.9.

4216.2. (a) (1) Except in an emergency, any person planning to conduct any excavation shall contact the ap-propriate regional notification center, at least two working days, but not more than 14 calendar days, prior to com-mencing that excavation, if the excavation will be con-ducted in an area that is known, or reasonably should be known, to contain subsurface installations other than the underground facilities owned or operated by the excava-tor and, if practical, the excavator shall delineate with white paint or other suitable markings the area to be ex-cavated.

(2) 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 exca-vator of the existence of the high priority subsurface in-stallation prior to the legal excavation start date and time, as such date and time are authorized pursuant to para-graph (1) of subdivision (a) of Section 4216.2. The exca-vator and operator or its representative shall conduct an onsite meeting at a mutually-agreed-on time to determine actions or activities required to verify the location of the high priority subsurface installations prior to start time.

(b) Except in an emergency, every excavator covered by Section 4216.8 planning to conduct an excavation on private property may contact the appropriate regional no-tification center if the private property is known, or rea-sonably should be known, to contain a subsurface instal-lation other than the underground facility owned or oper-ated by the excavator and, if practical, the excavator shall delineate with white paint or other suitable markings the area to be excavated.

(c) The regional notification center shall provide an in-quiry identification number 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. An inquiry identifi-cation number may be validated for more than 28 days when mutually agreed between the excavator and any member operator so notified that has a subsurface instal-lation in the area of the proposed excavation; and, it may be revalidated by notification to the regional notification center by the excavator prior to the time of its expiration.

(d) A record of all notifications by excavators and oper-ators to the regional notification center shall be main-tained 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

26

as may be established by the regional notification cen-ters.

(e) As used in this section, the delineation is practical when any of the following conditions exist:

(1) When delineating a prospective excavation site with white paint could not be misleading to those persons using affected streets and highways.

(2) When the delineation could not be misinterpreted as a traffic or pedestrian control.

(3) Where an excavator can determine the exact lo-cation of an excavation prior to the time an area has been field marked pursuant to Section 4216.3.

(4) Where delineation could not be construed as duplicative.

(f) Where an excavator makes a determination that it is not practical to delineate the area to be excavated, the excavator shall contact the regional notification center to advise the operators that the excavator shall identify the area to be excavated in another manner sufficient to en-able the operator to determine the area of the excavation to be field marked pursuant to Section 4216.3.

4216.3. (a) (1) Any operator of a subsurface installation who receives timely notification of any proposed excava-tion work in accordance with Section 4216.2 shall, within two working days of that notification, excluding weekends and holidays, or before the start of the excavation work, whichever is later, or at a later time mutually agreeable to the operator and the excavator, locate and field mark the approximate location and, if known, the number of sub-surface installations that may be affected by the excava-tion to the extent and degree of accuracy that the infor-mation is available either in the records of the operator or as determined through the use of standard locating tech-niques other than excavating, otherwise advise the per-son who contacted the center of the location of the opera-tor‟s subsurface installations that may be affected by the excavation, or advise the person that the operator does not operate any subsurface installations that would be af-fected by the proposed excavation.

(2) Only a qualified person shall perform subsurface in-stallation locating activities.

(3) A qualified person performing subsurface installa-tion locating activities on behalf of a subsurface installa-tion operator shall use a minimum of a single-frequency utility locating device and shall have access to alternative sources for verification, if necessary.

(4) Operators of high priority subsurface installations shall maintain and preserve all plans and records for its subsurface installations.

(b) Every operator of a subsurface installation who field marks the location of a subsurface installation shall make a reasonable effort to make field markings in confor-

27

mance with the uniform color code of the American Public Works Association.

(c) If, at any time during an excavation for which there is a valid inquiry identification number, an operator‟s field markings are no longer reasonably visible, the excavator shall contact the appropriate regional notification center. The regional notification center shall contact any mem-ber, if known, who has a subsurface installation in the area of the excavation. Upon receiving timely notification or renotification pursuant to this subdivision, the operator shall re-locate and re-mark, within two working days, those subsurface installations that may be affected by the excavation to the extent necessary, in conformance with this section.

(d) The excavator shall notify the appropriate regional notification center of the failure of an operator to comply with this section. The notification shall include the inquiry identification number issued by the regional notification center. A record of all notifications received pursuant to this subdivision shall be maintained by the regional notifi-cation center for a period of not less than three years. The record shall be available for inspection pursuant to subdivision (d) of Section 4216.2.

4216.4. (a) When the excavation is within the approx-imate location of subsurface installation, the excavator shall determine the exact location of subsurface installa-tions in conflict with the excavation by excavating with hand tools within the area of the approximate location of subsurface installations as provided by the operators in accordance with Section 4216.3 before using any power-operated or power-driven excavating or boring equipment within the approximate location of the subsurface installa-tion, except that power-operated or power-driven exca-vating or boring equipment may be used for the removal of any existing pavement if there are no subsurface in-stallations contained in the pavement. If documented no-tice of the intent to use vacuum excavation devices, or power-operated or power-driven excavating or boring equipment, has been provided to the subsurface installa-tion operator or operators and it is mutually agreeable with the operator or operators and the excavator, the ex-cavator may utilize vacuum excavation devices, or pow-er-operated or power-driven excavating or boring equip-ment within the approximate location of a subsurface in-stallation and to any depth.

(b) If the exact location of the subsurface installation cannot be determined by hand excavating in accordance with subdivision (a), the excavator shall request the oper-ator to provide additional information to the excavator, to the extent that information is available to the operator, to enable the excavator to determine the exact location of the installation. The regional notification center shall pro-

28

vide the excavator with the contact phone number of the subsurface installation operator.

(c) An excavator discovering or causing damage to a subsurface installation, including all breaks, leaks, nicks, dents, gouges, grooves, or other damage to subsurface installation lines, conduits, coatings, or cathodic protec-tion, shall immediately notify the subsurface installation operator. The excavator may contact the regional notifi-cation center to obtain the contact information of the sub-surface installation operator. If high priority subsurface installations are damaged and the operator cannot be contacted, the excavator shall call 911 emergency ser-vices.

4216.5. The requirements of this article apply to state agencies and to local agencies which own or operate subsurface installations, except as otherwise provided in Section 4216.1. A local agency which is required to pro-vide the services described in Section 4216.3 may charge a fee in an amount sufficient to cover the cost of providing that service.

4216.6. (a) (1) Any operator or excavator who negli-gently violates this article is subject to a civil penalty in an amount not to exceed ten thousand dollars ($10,000).

(2) Any operator or excavator who knowingly and willfully violates any of the provisions of this article is sub-ject to a civil penalty in an amount not to exceed fifty thousand dollars ($50,000).

(3) Except as otherwise specifically provided in this article, this section is not intended to affect any civil re-medies otherwise provided by law for personal injury or for property damage, including any damage to subsur-face installations, nor is this section intended to create any new civil remedies for those injuries or that damage.

(4) This article shall not be construed to limit any other provision of law granting governmental immunity to state or local agencies or to impose any liability or duty of care not otherwise imposed by law upon any state or lo-cal agency.

(b) An action may be brought by the Attorney General, the district attorney, or the local or state agency which is-sued the permit to excavate, for the enforcement of the civil penalty pursuant to this section. If penalties are col-lected as a result of a civil suit brought by a state or local agency for collection of those civil penalties, the penalties imposed shall be paid to the general fund of the agency. If more than one agency is involved in enforcement, the penalties imposed shall be apportioned among them by the court in a manner that will fairly offset the relative costs incurred by the state or local agencies, or both, in collecting these fees.

4216.7 (a) If a subsurface installation is damaged by an excavator as a result of failing to comply with Section

29

4216.2 or 4216.4, or as a result of failing to comply with the operator's requests to protect the subsurface installa-tion as specified by the operator prior to the start of exca-vation, the excavator shall be liable to the operator of the subsurface installation for resulting damages, costs, and expenses to the extent the damages, costs, and ex-penses were proximately caused by the excavator's fail-ure to comply.

(b) If the operator of a subsurface installation has failed to comply with the regional notification center system re-quirements of Section 4216.1, that operator shall forfeit his or her claim for damages to his or her subsurface in-stallation, arising from the excavation, against an excava-tor who has complied with the requirements of Section 4216.2 to the extent damages were proximately caused by the operator's failure to comply.

(c) If an operator of a subsurface installation has failed to comply with the provisions of Section 4216.3, has failed to comply with paragraph (2) of subdivision (a) of Section 4216.2, or has failed to comply with subdivi-sion (b) of Section 4216.4, the operator shall be liable to the excavator who has complied with Sections 4216.2 and 4216.4 for damages, costs, and expenses resulting from the operator's failure to comply with these specified requirements to the extent the damages, costs, and ex-penses were proximately caused by the operator's failure to comply.

(d) Nothing in this section shall be construed to do any of the following:

(1) Affect claims including, but not limited to, third-party claims brought against the excavator or operator by other parties for damages arising from the excavation.

(2) Exempt the excavator or operator from his or her duty to mitigate any damages as required by common or other applicable law.

(3) Exempt the excavator or operator from liability to each other or third parties based on equitable indemnity or comparative or contributory negligence.

4216.8. This article does not apply to any of the follow-ing persons:

(a) An owner of real property who contracts for an ex-cavation project on the property, not requiring a permit is-sued by a state or local agency, with a contractor or sub-contractor licensed pursuant to Article 5 (commencing with Section 7065) of Chapter 9 of Division 3 of the Busi-ness and Professions Code.

(b) An owner of residential real property, not engaged as a contractor or subcontractor licensed pursuant to Ar-ticle 5 (commencing with Section 7065) of Chapter 9 Di-vision 3 of the Business and Professions Code, who as part of improving his or her principal residence or appur-tenances thereto is performing or having performed ex-

30

cavation work not requiring a permit issued by a state or local agency.

(c) Any person or private entity that leases or rents power operated or power-driven excavating or boring equipment, regardless of whether an equipment operator is provided for that piece of equipment or not, to a con-tractor or subcontractor licensed pursuant to Article 5 (commencing with Section 7065) of Chapter 9 of Division 3 of the Business and Professions Code, if the signed rental agreement between the person or private entity and the contractor or subcontractor contains the following provision: "It is the sole responsibility of the lessee or ren-ter to follow the requirements of the regional notification center law pursuant to Article 2 (commencing with Sec-tion 4216) of Chapter 3.1 of Division 5 of Title 1 of the Government Code. By signing this contract, the lessee or renter accepts all liabilities and responsibilities con-tained in the regional notification center law.”

4216.9. (a) No permit to excavate issued by any local agency, as defined in Section 4216, or any state agency, shall be valid unless the applicant has been provided an initial inquiry identification number by a regional notifica-tion center pursuant to Section 4216.2. For purposes of this section, “state agency” means every state agency, department, division, bureau, board, or commission, in-cluding the Department of Transportation.

(b) This article does not exempt any person or corpora-tion from Sections 7951, 7952, and 7953 of the Public Utilities Code.

SEC. 5. Section 4217 of the Government Code is re-pealed.

CalOSHA Title 8 Construction Safety Orders

Chapter 4, Subchapter 4, Article 6, Section 1541

Effective March 31, 2007

§1541. General Requirements. (a) Surface encumbrances. All surface encumbrances that are located so as to create a hazard to employees shall be removed or supported, as necessary, to safeguard em-ployees. (b) Subsurface installations.

(1) The approximate location of subsurface installations, such as sewer, telephone, fuel, electric, water lines, or any other subsurface installations that reasonably may be ex-pected to be encountered during excavation work, shall be determined by the excavator prior to opening an excavation.

(A) Excavation shall not commence until:

31

1. The excavation area has been marked as speci-fied in Government Code Section 4216.2 by the excavator; and

2. The excavator has received a positive response from all known owner/operators of subsurface installations within the boundaries of the proposed project; those res-ponses confirm that the owner/operators have located their installations, and those responses either advise the excava-tor of those locations or advise the excavator that the own-er/operator does not operate a subsurface installation that would be affected by the proposed excavation.

(B) When the excavation is proposed within 10 feet of a high priority subsurface installation, the excavator shall be notified by the facility owner/operator of the existence of the high priority subsurface installation before the legal excava-tion start date and time in accordance with Government Code Section 4216.2(a), and an onsite meeting involving the excavator and the subsurface installation owner / opera-tor's representative shall be scheduled by the excavator and the owner / operator at a mutually agreed on time to deter-mine the action or activities required to verify the location of such installations. High priority subsurface installations are high pressure natural gas pipelines with normal operating pressures greater than 415 kPA gauge (60 p.s.i.g.), petro-leum pipelines, pressurized sewage pipelines, conductors or cables that have a potential to ground of 60,000 volts or more, or hazardous materials pipelines that are potentially hazardous to employees, or the public, if damaged.

(C) Only qualified persons shall perform subsurface installation locating activities, and all such activities shall be performed in accordance with this section and Government Code Sections 4216 through 4216.9. Persons who com-plete a training program in accordance with the require-ments of Section 1509, Injury and Illness Prevention Pro-gram (IIPP), that meets the minimum training guidelines and practices of the Common Ground Alliance (CGA) Best Practices, Version 3.0, published March 2006, or the stan-dards of the National Utility Locating Contractors Associa-tion (NULCA), Standard 101: Professional Competence Standards for Locating Technicians, 2001, First Edition, which are incorporated by reference, shall be deemed quali-fied for the purpose of this section.

(D) Employees who are involved in the excavation operation and exposed to excavation operation hazards shall be trained in the excavator notification and excavation practices required by this section and Government Code Sections 4216 through 4216.9.

(2) All Regional Notification Centers as defined by Gov-ernment Code Section 4216(j) in the area involved and all known owners of subsurface facilities in the area who are not members of a Notification Center shall be advised of the proposed work at least 2 working days prior to the start of

32

any digging or excavation work. EXCEPTION: Repair work to subsurface facilities done in response to an emergency as defined in Government Code Section 4216(d).

(3) When excavation or boring operations approach the approximate location of subsurface installations, the exact location of the installations shall be determined by safe and acceptable means that will prevent damage to the subsur-face installation, as provided by Government Code Section 4216.4.

(4) While the excavation is open, subsurface installations shall be protected, supported, or removed as necessary to safeguard employees.

(5) An excavator discovering or causing damages to a subsurface installation shall immediately notify the facility owner/operator or contact the Regional Notification Center to obtain subsurface installation operator contact informa-tion immediately after which the excavator shall notify the facility operator. All breaks, leaks, nicks, dents, gouges, grooves, or other damages to an installation's lines, con-duits, coatings or cathodic protection shall be reported to the subsurface installation operator. If damage to a high priority subsurface installation results in the escape of any flammable, toxic, or corrosive gas or liquid or endangers life, health or property, the excavator responsible shall im-mediately notify 911, or if 911 is unavailable, the appropri-ate emergency response personnel having jurisdiction. The facility owner/operator shall also be contacted.

Note: The terms excavator and operator as used in Sec-tion 1541(b) shall be as defined in Government Code Sec-tion 4216(c) and (h) respectively. The term "owner / opera-tor" means an operator as the term "operator" is defined in Government Code Section 4216(h).

USA North’s California Excavation Manual

USA North (Underground Service Alert) 4090 Nelson Avenue, Suite A, Concord, CA. 94520-1232 Administrative: Phone 925-798-9504; Fax 925-798-9506;

Web Page: www.usanorth.org

This manual is provided to you as a public service by USA North and is dedicated to the safety of our

communities in California and Nevada.

Know what’s below. Call 2 Working Days to 14 Calendar Days Before You Dig in California and Nevada!

Revised 01/01/10 ©

USA North’s Nevada Excavation Manual

Overview: Page 1-6.

Ticket Format: Page 6-7.

Five Steps to a Safe Excavation: Page 7-8.

No Response Follow-up Message: Page 8-9.

Damage and Emergency Notification: Page 9.

Suggested Marking Guidelines: Page 10-21. Disclaimer Notice: The suggested guidelines contained in this booklet are not intended to prevent excavators or oper-ators from providing alternate forms of marking that are in accordance with Nevada Revised Statues 455.080 – 455.180. The suggested guidelines are representative in nature and do not address all delineation or facility markout situations.

NOTE: The Following Bullets are Nevada Revised Sta-tute 455 and Nevada Administrative Code 455

Nevada Revised Statues (NRS) 455.080 – 455.180 Requirements: Page 22-29. Outline your excavation area in white [455.110 (1) (b) (2)]

Page 24. A 2 working day up to 14 calendar day (legal) notice is

required before digging [455.110 (1) (a)] Page 24. USA North will notify its members of your excavation

[455.084] Page 22. The USA North members will by the legal notice mark

or stake the horizontal path of their facilities, provide in-formation about the location of their facilities, or advise of clearance [455.130 (1) (a) (c), & (2)] Page 25.

Expose the underground facilities by hand before using power equipment [455.137 (1)] Page 27.

Nevada Administrative Code (NAC) 455.010 - 455.165 Requirements: Page 30-40. The USA North ticket number is valid for 28 calendar

days. You must have an active USA North ticket num-ber for the entire duration of your excavation [455.165 (1)] Page 39.

This manual is provided to you as a public service by USA North and is dedicated to the safety of our

communities in California and Nevada. Know what’s below.

Call 2 Working Days to 14 Calendar Days Before You Dig in California and Nevada!

1

OVERVIEW

USA North provides a free and effective Damage Preven-tion Service that protects our citizens, our communities, our environment, our essential public services, and our under-ground facilities in Central / Northern California and all of Nevada. USA North began operation in May of 1975 and incorporated as a Non Profit Mutual Benefit Corporation in 1986. Our purpose is to receive planned excavation reports that will begin within the next 14 calendar days from home-owners, excavators or professional contractors and transmit those planned excavation reports to all participating mem-bers of USA North who may have facilities at that excava-tion site. Our members will 1) mark or stake the horizontal path of their facility, 2) provide information about the loca-tion of their facility, or 3) advise the excavator of clearance, for facilities that they own. Calling hours are from 6 a.m. to 7 p.m. Monday thru Friday except weekends and the follow-ing holidays: New Year‟s Day, President‟s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Day after Thanksgiving, and Christmas Day.

USA North’s Service Area:

Central & Northern California: Alameda, Alpine, Amador, Butte, Calaveras, Colusa, Contra Costa, Del Norte, El Do-rado, Fresno, Glenn, Humboldt, Kern, Kings, Lake, Lassen, Madera, Marin, Mariposa, Mendocino, Merced, Modoc, Mono, Monterey, Napa, Nevada, Placer, Plumas, Sacra-mento, San Benito, San Francisco, San Joaquin, San Luis Obispo, San Mateo, Santa Clara, Santa Cruz, Shasta, Si-erra, Siskiyou, Solano, Sonoma, Stanislaus, Sutter, Teha-ma, Trinity, Tulare, Tuolumne, Yolo and Yuba.

Nevada: Carson City, Churchill, Clark, Douglas, Elko, Es-meralda, Eureka, Humboldt, Lander, Lincoln, Lyon, Mineral, Nye, Pershing, Storey, Washoe, and White Pine.

Common Ground - Study of One-Call Systems and Damage Prevention Best Practices;

The United States Department of Transportation‟s Office of Pipeline Safety (OPS) initiated the Common Ground report under the authorization of the Transportation Equity Act for the 21

st Century (TEA 21), Public Law 105-178, signed into

law on June 9, 1998. The purpose of the study was to iden-tify and validate existing best practices performed in con-nection with preventing damages to underground facilities. The Study ultimately resulted in a quality product that can be used to help in future efforts to improve underground damage prevention. The collected best practices should be shared among stakeholders involved with and dependent upon the safe and reliable operation, maintenance, con-struction and protection of underground facilities.

2

Common Ground Chapters Titles: 1. Introduction 2. Planning & Design Best Practices 3. One-Call Center Best Practices 4. Locating & Marking Best Practices 5. Excavation Best Practices 6. Mapping Best Practices 7. Compliance Best Practices 8. Public Education & Awareness Best Practices 9. Reporting & Evaluation Best Practices 10. Miscellaneous Best Practices Appendix A - Glossary of Terms & Definitions Appendix B - Uniform Color Code & Marking Guidelines Appendix C - Sample Form for Reporting Damage Pre-

vention Information Appendix D - Additional References

For a complete version of the Common Ground Alliance Best Practices logon to www.commongroundalliance.com and download this information or order a copy.

Common Ground Alliance Chapter 5 “Excavation Best Practices”: 5.1 One-Call Facility Location Request 5.2 White Lining (CA / NV requires that you mark in white) 5.3 Locate Reference Number 5.4 Pre-excavation meetings 5.5 Facility Relocations 5.6 Separate Location Requests 5.7 One-Call Access (24/7) 5.8 Positive Response 5.9 Facility Owner / Operator Failure to Respond 5.10 Locate Verification 5.11 Documentation of Marks 5.12 Work Site Review with Company Personnel 5.13 One-Call Reference Number at Site 5.14 Contact Names and Numbers 5.15 Facility Avoidance 5.16 Federal and State Regulations 5.17 Marking Preservation 5.18 Excavation Observer 5.19 Excavation Tolerance Zone 5.20 Excavation within the Tolerance Zone 5.21 Mismarked Facilities

5.22 Exposed Facility Protection 5.23 Locate Request Updates 5.24 Facility Damage Notification 5.25 Notification of Emergency Personnel 5.26 Emergency Excavation 5.27 Backfilling 5.28 As-Built Documentation 5.29 Trenchless Excavation 5.30 Emergency Coordination with Adjacent Facilities 5.31 No Charge for Providing Underground Facility Locations

3

Important Web Sites: Common Ground Alliance / One Call Systems Int‟l

www.commongroundalliance.com

USA North – (Call Before You Dig Center) www.usanorth.org

California Government Code www.leginfo.ca.gov/cgi-bin/calawquery?codesection=gov&codebody=4216&hits=20

California Code of Regulations (Cal/OSHA) - www.dir.ca.gov/title8/1541.html

Nevada Revised Statues - www.leg.state.nv.us/NRS/NRS-455.html

Nevada Administration Code - www.leg.state.nv.us/NAC/NAC-455.html

Be knowledgeable of all Federal, State, County, City or Local Requirements: Construction Code

Contractor License Code

Safety Code

Franchise Code

OSHA

Federal, State, County, City or Local Ordinances

Others that apply

General Excavation Information: Prior to starting an excavation, examine the excavation

site for physical evidence (manholes, valve covers, wa-ter meters, sewer cleanouts, vaults, utility maintenance boxes, pole risers, etc) that would indicate the existence of underground facilities. Always excavate, as cautious-ly and prudently as possible.

USA North accepts calls for excavation work on public or private property, on Military Bases, on Indigenous People‟s Reservations and even on waterways within our coverage area.

Our members will mark or stake the horizontal path, provide information about the location, or provide clear-ance to the excavator for facilities that they own. Exca-vators should be aware there could be other facilities of the same type at the excavation site owned by the prop-erty owner or another company who is not a member of USA North.

When excavating within 10‟ of subsurface installations daylight the facility by hand every 25‟ to make sure the facility is where it is indicated. When excavating in CA or NV within 24” of a facility the law requires you to hand expose and protect the facility (it does not mean daylight or pothole) prior to using power equipment.

Individuals with firsthand knowledge of the excavation site and that can be reached by telephone should call the location description into USA North. This allows us,

4

and our members, to discuss the location with a person who has knowledge of the excavation layout and spe-cific location.

Limit your excavation location description to a site that can be completed within a 28 calendar day period from the date of your call to USA North in California or Neva-da and that our members can reasonably locate within 2 working days.

USA North limits excavation work to areas no longer in length than 1½ miles in a metropolitan area and 3 miles in a rural area.

Dividing larger excavation areas into smaller managea-ble sites helps our members respond to your excavation site more promptly.

As work in one excavation site nears completion, call in your next excavation site to USA North and continue this process until your entire excavation area is complete.

When working on private property the excavator should determine what facilities belong to the property owner, (water, well, sewer, septic tanks, gas, propane lines, electrical, etc.) and what easement(s) may exist on the property, if any. In general, ownership of underground facilities transfers to the property owner behind the curb, behind the sidewalk, clean out, at the meter or point of demarcation.

USA North notifies only its members of your excavation work, for your safety you should notify any non-member.

Excavation Types: Special Note - You will need to provide the City or Com-munity that the excavation work is being done in and a ver-bal description of your excavation site. From your descrip-tion, your Digsite will be built on the USA North base map to determine which of our members will be notified for that area. If your information is not accurate and correct the wrong members could be notified. It is critical that you pro-vide USA North precise information about the location of the excavation, this is especially true when dealing with; New Streets, New Subdivisions or work off the roadway. If you are using distance or direction measurements, you should be accurate within 10 feet + or - with each measurement. To insure the accuracy of your location, provide the Latitude Longitude positions from a GPS device using NAD 83 CONUS decimal format. I. Street/Address(es):

A. For an address provide: 1) Address and street name. 2) Two nearest streets that the address is between

(system can take one street). 3) Where on the property you are digging? 4) How many feet from the street in front of your

address is the work?

5

B. For multiple addresses provide: 1) Addresses and street name. 2) Two nearest streets that these addresses are be-

tween (system can take one street). 3) Where on the property you are digging? 4) How many feet from the street in front of your

address is the work? C. For a Street provide: 1) Street name and nearest intersecting street 2) Side of street with distance / direction

II. Intersections: A. For an Intersection provide: 1) Street name and intersecting Street name. 2) Where in the intersection you are working?

B. For work at a single point from the Intersection provide:

1) Street name and intersecting street name. 2) Distance / direction to the point where the work

will be. C. For multiple points from an intersection (you may

have to divide your excavation site into multiple lo-cations that fit into four lines of text) provide:

1) Street name and intersecting street name. 2) Distance / direction to the first point where the

work will be at; 3) From the first point provide the distance / direc-

tion to the second point where the work will be at; 4) From the second point provide the distance / di-

rection to the third point where the work will be at;

5) From the third point provide the distance / direc-tion to the forth point where the work will be at.

D. For continuous work from an intersection provide (you may have to divide your excavation site into multiple locations that fit into four lines of text):

1) Street name and intersecting street name. 2) Distance / direction to the first point where you

will be working to; 3) From the first point provide the distance / direction

to the second point where you will be working to; 4) From the second point provide the distance / direc-

tion to the third point where you will be working to; 5) From the third point provide the distance / direction

to the forth point where you will be working to. III. Between Intersections:

A. For work on a Street between intersections provide: 1) Street name. 2) Two intersecting Street names that the work is

between. 3) Description of where on the Street you are work-

ing with distance / direction. B. Multiple points on a Street between intersections

6

provide: 1) Street name. 2) Two nearest Street names that the work is be-

tween. 3) Description of where on the Street you are work-

ing with distance / direction for each point. C. For New Streets or New Subdivision (containing no

streets on map within the excavation area) provide: 1) Street and nearest intersection outside the exca-

vation. 2) Distance / direction to the new Street or Sub-

division and a radius they are contained within. IV. Bounded by Areas: (contains no streets on map within

the excavation area): A. For Bounded Areas with Streets provide: 1) Street names that bound the area (2, 3 or 4

streets). B. For Bounded Areas with streets and distances pro-

vide: 1) Street names that will be used as boundaries for

the area. 2) Distance / direction from the one or two streets that

will create the bounded in area. V. Mile Post Markers (MP): (All MP must be on the same

Highway, list MP as from to or as a single pt.) A. For a single MP on a Highway 1) Highway number _______ 2) Green MP# ________ or White MP# ________

B. For MP from to MP on a Highway 1) Highway number _______ 2) Green MP# ________ or White MP# ________ to

Green MP# ________ or White MP# ________

USA North Ticket Format: Business Phone Number: Fax Number: Email Address: Your Name: Company Name: Type: Industry: Company‟s Address: City: State: Zip: What County is your work being done in? Will any of your excavation work include night work? Will any of your excavation work be done on the week-

end? Start Date: (2 working days to 14 calendar days notice

required) Start Time: Working For:

7

As required has site been Premarked? Premarked method used? Permit Type: Permit #: Foreman ‟s Name: Cell Telephone: Field Telephone: Does your excavation include boring, if so what type? Type/Nature of Work: (augering, drilling, grading, rip-

ping, trenching, etc.) Will Explosives be used at your work site? Do you intend to use vacuum equipment instead of

hand digging to determine the exact location of our member‟s underground facilities?

Digsite Place: (City or Community) Digsite Types: Include side of street, footages, other

tie in measurements, or lat/long in NAD 83 CONUS decimal format. (More digsite information is available in this manual) I. Street/Address(es): II. Intersections: III. Between Intersections: IV. Bounded by Area (contains no Streets on map

within the excavation area): V. Mile Post Markers (MP): (Must be on the same

Highway, list MP as from to or single point). Will the excavation enter into the street or sidewalk

area? Ticket #: Date of Call: Ticket Expiration Date: Update your ticket by:

Calling hours are from 6 a.m. - 7 p.m. Mon - Fri excluding weekends and USA North‟s holidays. For easy access to 24 x 7 ticket entry call 1-925-798-9504 ext 2309. More details for this form are available at www.usanorth.org your infor-mational resource.

Five Steps to a Safe Excavation: 1. Survey and Mark: Survey your proposed excavation

site. Make a list of affected operators of underground facili-ties (operators) at your job site, their needs and require-ments. Mark the excavation site on paved surfaces with white spray chalk, water base, UV paint, or equivalent less permanent type marking; use flags, stakes, whiskers, etc. on unpaved surfaces, (Homeowners can use flour).

2. Call Before You Dig: Call USA North 2 working days to 14 calendar days (legal notice) before you dig in California or Nevada. Only operators who are members of the USA North program will be notified. Compare your list of affected operators determined in Step 1, with the list of operators notified by USA North. For your safety contact any operator at your job site that is not a member of USA North. USA North accepts design inquiry requests through its internet application only, call 925-798-9504 ext 2309 for more information.

8

3. Wait the Required Time: The legal 2 working days to 14 calendar days notice in California and Nevada allows USA North members to examine their underground facility records and respond to you. Excavators are required by law to wait until all operator(s) of subsurface installations have provided a positive response to their excavation site. The positive response includes operator‟s marking, or staking the horizontal path of their facility with the appropriate color code, providing information about the location of their facili-ty, or advising the excavator of clearance. Depending on our member‟s workload, they may contact you to try to ne-gotiate a new start time for your excavation.

4. Respect the Marks: Preserve facility marks for the duration of the job. If any of the operator markings are not reasonably visible, you must call USA North and request re-marking by the affected operator(s). A re-mark request requires a 2 working day notice. When you request an op-erator(s) to re-mark their facilities, you will be asked if your excavation site is still outlined in white, so the USA North members can respond to your request. Note: A USA North ticket is active for 28 calendar days in California and Nevada from the date of its issuance. You must have an active USA North ticket for the entire duration of your excavation.

5. Dig With Care: In California and Nevada hand exca-vate within 24" of the outside diameter of the facility. Facili-ties that are in conflict with your excavation are to be lo-cated with hand tools and protected before power equip-ment is used. Notify the affected operator(s) of any contact, scrape, dent, nick or damage to their facility.

No Response Follow-Up: This process starts when the excavator notifies USA

North that:

A 2 working day to 14 calendar day (legal) notice was provided on the original ticket and,

The start date/time has passed and,

A member(s) failed to respond to the excavation site by the legal start date & time of the ticket.

When a member successfully negotiates a new start date/time with an excavator, the negotiated start date/time becomes the legal start date/time for that excavation notice.

Once the start date/time has passed, the excavator should determine if all USA North members have responded. The members will: mark or stake the horizontal path of their fa-cilities, provide information about the location of their facili-ties, or advise the excavator of clearance. If the excavator determines that a member(s) of USA North has failed to respond in one of these manners the following steps are to be taken.

1) First No Response Follow-up: Call USA North after the original or agreed upon legal start date/time, that the

9

work was to begin, and request USA North to send a “First No Response Follow-up” to the member(s) (name the par-ticular member(s)) that failed to respond to your notice. Request the member(s) to call and respond ASAP or call and provide clearance.

2) Second No Response Follow-up: Wait at least an hour or more, from your last call, to provide our member(s) an opportunity to call and respond to your first request. After this time has passed and the member(s) still has not contacted you, call and request USA North to send a “Second No Response Follow-up” to the member(s) (name the particular member(s)) that has failed to respond to your notice. Request the member(s) to call and respond ASAP or calland provide clearance.

3) Third No Response Follow-up: Wait at least an hour or more, from your last call, to provide our member(s) an opportunity to call and respond to your second request. After this time has passed and the member(s) still has not contacted you, call and request USA North, to send a “Third No Response Follow-up” to the member(s) (name the par-ticular member(s)) that has failed to respond to your notice. Request the member(s) to call and respond ASAP or call and provide clearance. Note; the Center will attempt to make a call to the member(s) terminal involved and ask the member(s) to respond ASAP once the Third No Response Follow-up message has been transmitted.

Warning: There may be unidentified underground fa-cilities at your job site. The excavator should review the job site for physical evidence of facilities not located, i.e. man-holes, valve covers, water meters, sewer cleanouts, vaults, drains, fire hydrant, utility maintenance boxes, pole risers, or other facility indicators such as pavement patches etc.

Damage / Exposed Notification: An excavator discovering or causing damage to a subsur-face installation shall notify the operator of the installation and USA North.

USA North accepts damage / exposed notices from the excavator and transmits the notice to our members in the area of the damage. USA North will also provide the exca-vator with the emergency telephone number for the mem-ber whose facility was damaged.

Emergency Notification: If the damage results in the escape of any flammable, toxic or corrosive gas or liquid or endangers life, health or property, the excavator responsible immediately notifies 911 and the facility owner/operator.

The excavator takes reasonable measures to protect themselves and those in immediate danger, public, property and the environment until the facility owner / operator or emergency responders have arrived and completed their assessment.

10

Suggested Guidelines for Prospective Excavation Site Delineation and

Facility Operator Location Markout

This guide provides for temporary uniform surface marking of both planned excavations and of substructures in poten-tial conflict of planned excavations. White markings are used for excavation delineation. Substructure markings are of a specific color. Appropriate color and common abbre-viations are listed herein. Full facility operator and excava-tor responsibilities are detailed in Nevada Regulatory Sta-tutes (NRS) 455.080 - 455.180 and in Nevada Administra-tive Code (NAC) 455.010 - 455.165.

Note: Temporary markings should be clearly seen, func-tional, and considerate to surface aesthetics and the local community. Also, check to see if any local ordinances ap-ply. It is recommended that each operator and excavator use a consistent marking standard.

Marking In Paved Areas Avoid excessive or oversized marking, especially if marking outside the excavation area. Conditions permitting, use spray chalk paint, water base paint, UV paint, or equivalent less permanent type marking. Limit length, height, and in-terval of marks to those recommended in this manual. Let-ters and numbers should not exceed 3” to 6” in height.

Marking in Non-Paved Areas The use of appropriately colored flags, stakes, whiskers, or chalk lines should be used in non-paved areas. Select marker types that are most compatible to the purpose and marking surface. Adhere to paved area marking sugges-tions to the extent practical.

Marking Removal We recommend that the permitting agency (Local, City, County, State, or Federal) require the permittee to remove all marking paint or other suitable markings at the conclu-sion of the excavation. Included are all excavator and utility operator (operator) markings that resulted from the project. This recommendation is because the excavator has the knowledge of the specific area and limits of the excavation; they are required under NRS 455.110, 1, (b), (2) to outline their excavation in white paint or other suitable markings; they requested to have the operators mark the facilities

General Guidelines

If any marking information is omitted due to site conditions, communicate omitted data by direct contact, signs, phone, fax, etc.

“Offset” markings should clearly indicate the direction, the distance, and the path of facility or excavation.

11

which interface with the excavation; and they have the knowledge of when the excavation is completed. This will help eliminate graffiti on our streets and sidewalks caused by these markings and stop the erroneous use of out-dated operator‟s markings by other excavators.

Permitting Agencies We also recommend that permitting agencies (Local, City, County, State, or Federal) make excavators aware when multiple excavation permits are taken out for the same pe-riod of time and area. The agencies should advise each excavator that other excavators will be working within the same area and encourage them to communicate with one another so they do not destroy each other‟s excavation site markings or the markings of the operators responding to the multiple excavation sites.

Excavators Excavators should be specific when providing the descrip-tion of the excavation area to USA North and when out-lining their excavation area in white chalk paint or other suitable markings. This will help the operators to respond to the exact area of excavation and minimize their markings.

Excavator‟s pre-marking (delineation) of the excavation site is a requirement of NRS 455.110, 1, (b), (2).

Delineate the area to be excavated before calling USA North this is a requirement of NAC 455.115 1. (a). Deli-neated areas should be identified in white markings with the requester‟s company identifier (name, abbreviations or initials) within the pre-marked zones (see examples).

Failure to pre-mark may result in civil penalties.

NRS [455.110, 1, (b)] states “Cooperates with the opera-tor in locating and identifying its subsurface installation by: (1) Meeting with its representative as requested; and (2) Making a reasonable effort that is consistent with the practice in the industry to mark with white paint, or an-other method that is agreed to by the operator…”

Delineation must not be; misleading, duplicative or mi-sinterpreted as traffic or pedestrian control.

Operators To increase the accuracy of the locates when the facilities run through utility maintenance boxes, manholes, valve covers, splice boxes etc have your locators pull the lids to determine how many facilities enter and leave the boxes and which direction the facilities run. Operators marking outside the white outlined excavation area should include the USA North ticket number with their marks to identify which excavation site their marks were provided for.

12

The following marking illustrations are examples of how excavators may choose to mark their area of proposed ex-cavation. The use of white marking products (e.g. paint, flags, stakes, whiskers, or a combination of these) may be used to identify the excavation site.

Single Point Excavations Markings

Full Line Radius or Arc

Four Corner Dash Line

Delineate in white products the proposed area of excavation through the use of: a continuous line, dots marking the ra-dius or arcs, dashes marking the four corners of the project, or dashes outlining the excavation project. Limit the size of each dash to approximately 6” to 12” in length and 1” in width with interval spacing approximately 4‟ to 50‟ apart. The maximum separation of excavation marks is to be re-duced to a length that can be reasonably seen by the oper-ator‟s locators when the terrain or excavation site conditions warrant it. Dots of approximately 1” diameter are typically used to define arcs or radii and may be placed at closer intervals in lieu of dashes.

Single Stake Marking Center Point of Excavation Site

CGA Guidelines For Excavation Delineation

Co. Identifier

1” Wide

6”Approx. Length

Co. Identifier

1” Wide

6” Approx. Length

1” Dia.

Dots

Co. Identifier

Co. Identifier

1” Wide

1” Wide

Dots to be less

than 4‟ spacing

● Single stake with

radius noted.

The single stake defines the pro-

posed center of the excavation site. The radius of the

excavation site is to be clearly indi-cated on the stake.

This circle illustrates the radius

indicated on the stake.

13

When an excavation site is contained within a 50‟ maximum radius, or less, it can be delineated with a single stake that is positioned at the proposed center of the excavation. If the excavator chooses this type of delineation they must convey that they have delineated the excavation site with a single stake at the center of the excavation and include the radius of the site in the notification to the One-Call Center. This single stake is to be white in color with the following information: excavator‟s company identifier (name, abbrevi-ations, or initials) and the radius of the excavation site in black letters on the stake or with a notice attached to the stake.

Trenching, Boring, or Other Continuous Types of Excavations

Trench Line Proposed Excavation Center Line Trench Line Company Company

Identifier Identifier

1” x 6” to 12” 1” Dia. Dots

Arrows

Curb

Property Line

Mark in white paint the proposed centerline of planned ex-cavation 6” to 12” x 1” arrows, approximately 4‟ to 50‟ apart to show direction of excavation. The maximum separation of excavation marks is to be reduced to a length that can be reasonably seen by the operator‟s locators when the terrain at an excavation site warrants it. Mark lateral excavations with occasional arrows showing excavation direction from centerline with marks at curb or property line if crossed. Dots may be used for curves and closer interval marking.

Stakes, Flags or Whiskers Excavation Markers Stakes, Flags or Whiskers Stakes, Flags or Whiskers Marking Four Corners Marking Outline of Excavation

Delineate the proposed area of excavation through the use of: stakes, flags or whiskers to mark radius or arcs, the four corners of the project or outlining the excavation project instead of using spray paint. Limit the interval spacing to

Continuous Excavation Marking

● ●

● ●

● ● ●

● ●

● ● ●

14

approximately 4„ to 50‟. The maximum separation of exca-vation marks is to be reduced to a length that can be rea-sonably seen by the operator‟s locators when the terrain at an excavation site warrants it. Stakes, flags or whiskers provided to illustrate arcs or radii may be placed at closer intervals in order to define the arc or radius. Stakes, flags or whiskers are white in color with the excavator‟s company identifier (name, abbreviations, or initials) provided on the stake, flag or whisker. Operator markings of facilities include; the appropriate color for their facility type; their company identifier (name, initials, or abbreviation) when other companies are using the same color, the number and width of their facilities and a descrip-tion of the facility (HP, FO, STL etc). Use paint, flags, stakes, whiskers, or a combination to identify the operator‟s facility(s) at or near an excavation site.

Marks in the appropriate color are to be approximately 12” to 18” in length and 1” inch in width and separated by approximately 4‟ to 50‟ in distance as an example. When marking facilities the operator is to consider the type of facility being located, the terrain of the land, the type of excavation being done and the method to ade-quately mark its facilities for the excavator. 4‟ to 50‟

12” to 18” in distance

between marks 1” Wide

The following marking illustrations are examples of how an operator may choose to mark their subsurface in-stallations

Single Facility Marking: Used to mark a single facility, marks are placed over the approximate center of the facility. This example indicates an operator‟s 12” facility. When a facility can be lo-cated or toned separately from other facilities of the same type it is marked as a single facility.

CGA Guidelines For Operator’s Facility Field Delineation

Approximate Center of Facilities

1

2

a

15

Multiple Facility Marking: Used to mark multiple facilities of the same type (e.g. electric), where the separation does not allow for a separate tone for each facility but the number and width of the facili-ties is known. Marks are placed over the approx-imate center of the facilities and indicate the num-ber and width of the facilities. This example indi-cates 4 plastic facilities that are 4” in diameter (4/4” PLA).

Conduit Marking: Used for any locatable facility being carried inside conduits or ducts. The marks indicating the outer extremities denote the actual located edges of the facilities being represented. An example would be 4 plastic conduits that are 4” in diameter (4/4” PLA), and the marks are 16” apart indicating the actual left and right edges of the facilities.

Corridor Marking: Used to mark multiple facilities of the same type (e.g. electric), in the same trench where the total number of facilities is not readily known (operator has no record on file for the number facilities) and that are bundled or intert-wined. Marks are placed over the approximate center of the facilities and indicate the width of the corridor. The width of the corridor is the distance between the actual located outside edges of the combined facilities. This example indicates a 12” corridor (12” CDR).

Approximate Center of Facilities

b

Actual Outer Edges of Facilities

d

c

16

Changes in direction, and lateral connections are to be clearly indicated at the point where the change in direc-tion or connection occurs with an arrow indicating the path of the facility. A radius is indicated with marks de-scribing the arc. When providing offset markings, (paint or stakes), show the direction of the facility and distance to the facility from the markings.

Actual Outer Edges of Facilities

3

SPPC

6” PLA

Approximate center

Radius Example!

SWG

2”PLA

El

Lateral Connection Example!

Approximate center

Approximate Center of Combined Facilities

17

An operator‟s identifier (name, abbreviation, or initials) is to be placed at the beginning and at the end of the proposed work. In addition to the previous, subse-quent operators using the same color, will mark their company identifier at all points where their facility crosses another operator‟s facility using the same col-or. The maximum separation of identifiers is to be re-duced to a length that can be reasonably seen by the excavator when the terrain at the excavation site war-rants it. PAIUTE AT&T KRGT Information as to the size and composition of the facili-ty is to be marked at an appropriate frequency. Exam-ples are: the number of ducts in a multi-duct structure, width of a pipeline, and whether it is steel, plastic, ca-ble, etc. SWG SBC SPPC 4” PLA 9 PLA 12” STL

SPPC

8’ off

Painted Offset (off) Example!

12”

STL

Approximate

Center

Approximate

Center

SWG 4’ off

12”

STL

Staked Offset (off) Example!

4

5

18

Facilities installed in a casing should be identified as such. Two examples are: 6” plastic in 12” steel = 6”PLA/12”STL and fiber optic in 4” steel = FO(4”STL). SWG SPRINT 6”PLA/12”STL FO(4”STL) Structures, such as vaults, inlets, lift stations that are physically larger than obvious surface indications, are to be marked so as to define the parameters of the structure. Termination points or dead ends should be indicated as such. When there is “No Conflict” with the excavation com-plete one or more of the following:

Operators of a single type of facility (e.g. AT&T) would mark the area “NO” followed by the appropri-ate company identifier in the matching APWA color code for that facility (e.g. “NO AT&T”)

Operators of multiple facilities would mark the area “NO” followed by the appropriate company identifier in the matching APWA color code for that facility with a slash and the abbreviation for the type of facility that there is “No Conflict” (e.g. “NO SWG/G/D”). The example illustrates that SWG has no gas distri-bution facilities at this excavation site. The abbrevia-tion for; gas transmission facilities is “/G/T”, electric distribution is “/E/D” and electric transmission is “/E/T” these should be used when appropriate.

Place a clear plastic (translucent) flag that states “No Conflict” in lettering matching the APWA color code of the facility that is not in conflict. Include on the flag the operator‟s identifier, phone number, a place to write the locate ticket number and date. Operators of multiple facilities would indicate on the flag, which

SPPC SPPC Vault

7

8

6

7

9

D.E.

19

facilities were in “No Conflict” with the excavation as in the previous example.

If it can be determined through maps or records that the proposed excavation is obviously not in conflict with their facility(s) the locator or operator of the facil-ity may notify the excavator of “No Conflict” by phone, fax, or email, or through the One-Call Center, where electronic positive response is used. Opera-tors of multiple facilities would indicate a “No Con-flict” for each facility as in the previous examples.

Place “No Conflict” markings or flags in a location that can be observed by the excavator and or notify the excavator by phone, fax, or email that there is “No Conflict” with your facilities. When the excava-tion is delineated by the use of white markings, place “No Conflict” markings or flags in or as near as prac-ticable to the delineated area.

* Caution - Allow adequate space for all facility mark-outs.

“No Conflict” indicates; that the operator providing the “No Conflict” has no facilities within the scope of the delineation, or when there is no delineation, there are no facilities within the work area as described on the locate ticket.

Color Code Identifiers

White Proposed Exca-

vation Pink Temporary Sur-

vey Markings

Red Electric Power Lines, Cables, Conduit and Lighting Cables

Yellow Gas, Oil, Steam, Petroleum or Gaseous Mate-rials

Orange Communication, Alarm or Signal Lines, Cables or Conduit

Blue Potable Water

Purple Reclaimed Wa-ter, Irrigation and Slurry Lines

Green Sewers and Drain Lines

NO CTYLV NO SPRINT NO SWG/G/T Work Area NO SBC Delineation

20

Common Abbreviations: Facility Identifiers

CH Chemical SS Storm Sewer

E Electric SL Street Lighting

FO Fiber Optic STM Steam

G Gas SP Slurry System

LPG Liquefied Petroleum Gas TEL Telephone

PP Petroleum Products TS Traffic Signal

RR Railroad Signal TV Television

S Sewer W Water

SD Storm Drain W Reclaimed Water “Pur-ple”

Underground Construction Descriptions

C Conduit HH Hand Hole

CDR Corridor MH Manhole

D Distribution Facility PB Pull Box

DB Direct Buried R Radius

DE Dead End STR Structure (vaults, junc-tion boxes, inlets, lift stations)

JT Joint Trench T Transmission Facility

HP High Pressure

Infrastructure Material

ABS Acrylonitrile - Butadiene

- Styrene HDPE High Density Polyethy-

lene

ACP Asbestos Cement Pipe MTD Multiple Tile Duct

CI Cast Iron PLA Plastic (conduit or pipe)

CMC Cement Mortar Coated RCB Reinforced Concrete Box

CML Cement Mortar Lined RCP Reinforced Concrete Pipe

CPP Corrugated Plastic Pipe RF Reinforced Fiberglass

CMP Corrugated Metal Pipe SCCP Steel Cylinder Con-crete Pipe

CU Copper STL Steel

CWD Creosote Wood Duct VCP Vertrified Clay Pipe

21

Guide for Abbreviation Use This is a guide for placing the above abbreviations in the field. The Company Identifier is to be placed at the top or at the left of the abbreviations. Place the abbreviations in the following order, Company Identifier/Facility Identifier / Un-derground Construction Descriptions / Infrastructure Materi-al (e.g. SBC/TEL/FO/PLA). This example indicates that SBC has a Telecommunication Fiber Optic line in a single Plastic conduit. The use of the abbreviation /TEL is not necessary, because the orange marking would indicate that the facility was a communication line, but its use is optional. To leave out one or more of the abbreviation types you would continue to follow the order of the abbreviations above leaving out the slash and abbreviation that does not apply (e.g. /TEL), the result would be the following (e.g. SBC/FO/PLA).

22

Nevada Revised Statues (NRS) 455.080 - 455.180

NRS 455.080 Definitions. As used in NRS 455.080 to 455.180, inclusive, unless the context otherwise requires, the words and terms defined in and NRS 455.082 to 455.105, inclusive, have the meanings ascribed to them in those sections. (Added to NRS by 1991, 1141; A 2005, 905)

NRS 455.082 “Approximate location of a subsurface installation” defined. “Approximate location of a subsur-face installation” means a strip of land not more than 24 inches on either side of the exterior surface of a subsurface installation. The term does not include the depth of the sub-surface installation. (Added to NRS by 1991, 1142; A 2007, 675)

NRS 455.084 “Association for operators” defined. “As-sociation for operators” means an organization that receives notifications pursuant to subsection 1 of NRS 455.110 and transmits such notifications to its members. (Added to NRS by 1991, 1142)

NRS 455.086 “Damage” defined. “Damage” means: 1. The substantial weakening of the structural or lateral

support of a subsurface installation; 2. The penetration or destruction of any protective coat-

ing, housing or other protective device of a subsurface in-stallation; or

3. The partial or complete severance of a subsurface in- stallation. (Added to NRS by 1991, 1142)

NRS 455.088 “Demolition” defined. “Demolition” means the wrecking, razing, rendering, movement or removal of a structure or mass of material by means of tools, equipment or the placement and discharge of explosives. (Added to NRS by 1991, 1142)

NRS 455.090 “Emergency” defined. “Emergency” means a sudden, unexpected occurrence that involves clear and imminent danger and requires immediate action to prevent or mitigate loss of life or damage to health, property or es-sential public services. (Added by NRS by 1991, 1142)

NRS 455.092 “Excavation” defined. “Excavation” means the movement or removal of earth, rock or other material in or on the ground by use of mechanical equipment or by the placement and discharge of explosives. The term includes

Note: To view the changes to NRS 455 made by the passage of AB 80 effective 10-01-2009 go to or click the link below: http://www.leg.state.nv.us/75th2009/Bills/AB/AB80_EN.pdf These changes are not printed in this document.

23

augering, backfilling, digging, ditching, drilling, grading, plowing-in, ripping, scraping, trenching and tunneling. (Add-ed by NRS by 1991, 1142)

NRS 455.094 “Mechanical equipment” defined. “Mechan-ical equipment” means equipment operated by mechanical power, including a trencher, bulldozer, power shovel, auger, backhoe, scraper, drill, cable or pipe plow or any other equipment used for plowing-in cable or pipe. (Added to NRS by 1991, 1942)

NRS 455.096 “Operator” defined. “Operator” means any person who owns, operates or maintains a subsurface in-stallation. The term does not include the Department of Transportation. (Added to NRS by 1991, 1942)

NRS 455.098 “Person” defined. “Person” includes a gov-ernment, governmental agency or political subdivision of a government. (Added to NRS by 1991, 1942)

NRS 455.101 “Subsurface installation” defined. “Subsur-face installation” means a pipeline, conduit, cable, duct, wire, sewer line, storm drain, other drain line or other struc-ture that is located underground. (Added to NRS by 1991, 1142)

NRS 455.103 “Unexpected occurrence” defined. “Unex-pected occurrence” includes, but is not limited to, fire, flood, earthquake or other cause of the movement of the soil, or a riot, an accident or an act of sabotage that causes damage to a subsurface installation which requires immediate repair. (Added to NRS by 1991, 1142)

NRS 455.105 “Working day” defined. “Working day” means every day from 7 a.m. to 5 p.m., except Saturday, Sunday and any federal or state holiday. (Added to NRS by 1991, 1142)

NRS 455.107 Exemption from compliance with statutory provisions.

1. Except as otherwise provided in subsection 2, posses-sion of a permit to conduct an excavation or demolition does not exempt a person from complying with the provi-sions of NRS 455.080 to 455.180, inclusive.

2. A person is exempt from complying with the provisions of NRS 455.080 to 455.180, inclusive, if he obtains the writ-ten consent of all operators involved in the proposed exca-vation or demolition before he receives a permit to conduct the excavation or demolition. (Added to NRS by 1991, 1142; A 2005, 905)

NRS 455.110 Notification of association for operators required; marking proposed area of excavation or de-molition; exception.

1. Except as otherwise provided in subsection 2, a per-son shall not begin an excavation or demolition if the exca-

24

vation or demolition is to be conducted in an area that is known or reasonably should be known to contain a subsur-face installation, except a subsurface installation owned or operated by the person conducting the excavation or demo-lition, unless he:

(a) Notifies the appropriate association for operators pursuant to NRS 455.120, at least 2 working days but not more than 28 calendar days before excavation or demolition is scheduled to commence. The notification may be written or provided by telephone and must state the name, address and telephone number of the person who is responsible for the excavation or demolition, the starting date of the exca-vation or demolition, anticipated duration and type of exca-vation or demolition to be conducted, the specific area of the excavation or demolition and whether explosives are to be used.

(b) Cooperates with the operator in locating and identi-fying its subsurface installation by:

(1) Meeting with its representative as requested; and (2) Making a reasonable effort that is consistent with

the practice in the industry to mark with white paint, flags, stakes, whiskers or another method that is agreed to by the operator and the person who is responsible for the excava-tion or demolition, the proposed area of the excavation or demolition.

2. A person responsible for emergency excavation or demolition is not required to comply with the provisions of subsection 1 if there is a substantial likelihood that loss of life, health or property will result before the provisions of subsection 1 can be fully complied with. The person shall notify the operator of the action he has taken as soon as practicable. (Added to NRS by 1987, 1178; A 1991, 1145; 2005, 906; 2007, 675)

NRS 455.115 Record of notification of excavation or demolition; provision of names of operators to whom notice is transmitted by association for operators.

1. An association for operators who receives notification pursuant to NRS 455.110 by telephone and an operator who receives notification of a proposed excavation or de-molition by telephone shall keep a written record of the noti-fication for 6 years. The record must include, but is not li-mited to, the following information:

(a) The name of the person initiating the telephone call; (b) The name, address and telephone number of the

person who is responsible for the excavation or demolition; (c) The starting date and anticipated duration of the ex-

cavation or demolition; (d) The type of excavation or demolition to be con-

ducted; (e) The specific area of the excavation or demolition;

and

25

(f) Whether explosives are to be used. 2. If a person makes a notification to an association for

operators pursuant to NRS 455.110, the association for operators shall provide to the person the names of the op-erators to whom the notice is transmitted by the association. (Added to NRS by 1991, 1144)

NRS 455.120 Operator required to join association for operators to receive notifications; statement to be filed with county clerk identifying association; record of no-tification received by telephone. An operator shall:

1. Join an association for operators to receive the notifi-cation required pursuant to paragraph (a) of subsection 1 of NRS 455.110 for its members.

2. File a statement with the clerk of the county in which the business of the operator is located:

(a) Containing the name, telephone number and ad-dress of the association; and

(b) Describing the geographical area served by the as-sociation for operators.

3. Make a written record of each notification of a pro-posed excavation or demolition that he receives by tele-phone. (Added to NRS by 1987, 1178; A 1991, 1146)

NRS 455.130 Duties of operator upon receipt of notifica-tion.

1. Except in an emergency or as otherwise provided in subsection 2, if an operator receives notice through an as-sociation for operators pursuant to paragraph (a) of subsec-tion 1 of NRS 455.110, the operator shall:

(a) Locate and identify the subsurface installations and, if known, the number of subsurface installations that are affected by the proposed excavation or demolition to the extent and to the degree of accuracy that the information is available in the records of the operator or can be deter-mined by using techniques of location that are commonly used in the industry, except excavating, within 2 working days or within a time mutually agreed upon by the operator and the person who is responsible for the excavation or demolition;

(b) Remove or protect a subsurface installation as soon as practicable if the operator decides it should be removed or protected; and

(c) Advise the person who contacted the association for operators of the location of the subsurface installations of the operator that are affected by the proposed excavation or demolition.

2. The operator shall notify the person who contacted the association for operators if the operator has no subsurface installations that are affected by the proposed excavation or demolition. (Added to NRS by 1987, 1178; A 1991, 1146)

26

NRS 455.131 Use of permanent device to identify loca-tion of certain subsurface installations required.

1. An operator shall, for each subsurface installation that is installed on or after October 1, 2005, which cannot be detected from or above the surface of the ground by means of either the material used in constructing the sub-surface installation or a conductor within the subsurface installation, install a permanent device which designates or provides a means of detecting a subsurface installation through the use of a noninvasive method from or above the surface of the ground. Such a device includes, without limi-tation, a tracer wire or a marker.

2. As used in this section: (a) “Above ground marker” is a marker which is in-

stalled flush with the surface of the ground or which pro-trudes above the surface of the ground above a subsurface installation and includes information concerning the subsur-face installation.

(b) “Electronic marker” is a marker which is buried at various depths below or near the surface of the ground above a subsurface installation and which contains a pas-sive antenna that:

(1) Can be identified with detection equipment; and (2) Does not require an internal power source.

(c) “Marker” is a device that physically designates the location of a subsurface installation at intermittent locations along or above the subsurface installation and includes, without limitation, an above ground marker or electronic marker.

(d) “Tracer wire” is a locating wire which is installed in conjunction with a subsurface installation and is connected to a transmitter that carries a signal which is read by a re-ceiver above the surface of the ground for the detection of the location of the subsurface installation. (Added to NRS by 2005, 904)

NRS 455.133 Criteria and colors for marking location of subsurface installation: Regulations of Public Utilities Commission of Nevada.

1. An operator who marks the approximate location of a subsurface installation shall make a reasonable effort to make the markings in a manner that is consistent with the practice in the industry. The operator shall use the identify-ing criteria and colors set forth in the regulations of the Pub-lic Utilities Commission of Nevada for the markings.

2. In adopting regulations setting forth the criteria and colors to be used pursuant to this section, the Public Utili-ties Commission of Nevada shall use nationally accepted standards for the identifying criteria and colors for marking subsurface installations. (Added to NRS by 1991, 1143; A 2005, 906)

27

NRS 455.137 Determination of location of subsurface installation required before mechanical equipment may be used.

1. Except as otherwise provided in subsection 2, the per-son responsible for an excavation or demolition shall, be-fore using any mechanical equipment, determine the exact location of a subsurface installation that is affected by the excavation or demolition by excavating with hand tools or by any other method agreed upon by the person responsi-ble for the excavation or demolition and the operator within the approximate location of the subsurface installation as designated by markings made in accordance with NRS 455.133.

2. A person may use mechanical equipment for the re-moval of pavement if there are no subsurface installations contained in the pavement.

3. If the exact location of a subsurface installation cannot be determined by using hand tools, the person responsible for an excavation or demolition shall request the operator to provide additional information to locate the installation. The operator shall, within 1 working day, provide any information that is available to him to enable the person responsible for the excavation or demolition to determine the exact location of the installation. (Added to NRS by 1991, 1143)

NRS 455.140 Duties of person responsible for contact with, exposure of or damage to subsurface installation.

1. Each person responsible for any excavation or demoli-tion that results in contact with, exposure of or damage to a subsurface installation shall:

(a) Notify the operator of the location and nature of the damage; and

(b) Allow the operator reasonable time, consistent with the practice in the industry, to arrange for and to make any necessary repairs to the subsurface installation before completing the excavation or demolition in the immediate area of the subsurface installation.

2. Each person responsible for any excavation or demoli-tion that results in any damage to a subsurface installation which permits the escape of water, of any flammable, toxic or corrosive gas or liquid, or of electricity, shall:

(a) Notify the operator; and (b) Minimize the hazard until the arrival of the person-

nel of the operator. (Added to NRS by 1987, 1178; A 1991, 1146)

NRS 455.150 Release from liability for cost of repairs to subsurface installation. Any person who substantially complies with the provisions of NRS 455.080 to 455.180, inclusive, is not liable for the cost of repairing any damage to a subsurface installation which results from his excava-tion or demolition. (Added to NRS by 1987, 1179; A 1991, 1147)

28

NRS 455.160 Injunctive relief. 1. The Regulatory Operations Staff of the Public Utilities

Commission of Nevada, the Attorney General, an operator, a person conducting an excavation or demolition or the dis-trict attorney of a county or the city attorney of a city in which there is an excavation or demolition or a proposed excavation or demolition which he believes may cause death, serious physical harm or serious property damage may file a complaint in the district court for the county seek-ing to enjoin the activity or practice of an operator or a per-son who is responsible for the excavation or demolition.

2. Upon the filing of a complaint pursuant to subsection 1, the court may issue a temporary restraining order before holding an evidentiary hearing. (Added to NRS by 1991, 1143; A 1997, 2000; 2007, 675)

NRS 455.170 Civil penalty: Action for enforcement; amount; reimbursement for cost of prosecution; judi-cial review.

1. An action for the enforcement of a civil penalty pur-suant to this section may be brought before the Public Utili-ties Commission of Nevada by the Attorney General, a dis-trict attorney, a city attorney, the Regulatory Operations Staff of the Public Utilities Commission of Nevada, the go-vernmental agency that issued the permit to conduct an excavation or demolition, an operator or a person conduct-ing an excavation or demolition.

2. Any person who willfully or repeatedly violates a provi-sion of NRS 455.080 to 455.180, inclusive, is liable for a civil penalty:

(a) Not to exceed $1,000 per day for each violation; and

(b) Not to exceed $100,000 for any related series of violations within a calendar year.

3. Any person who negligently violates any such provi-sion is liable for a civil penalty:

(a) Not to exceed $200 per day for each violation; and (b) Not to exceed $1,000 for any related series of viola-

tions within a calendar year. 4. The amount of any civil penalty imposed pursuant to

this section and the propriety of any settlement or compro-mise concerning a penalty must be determined by the Pub-lic Utilities Commission of Nevada upon receipt of a com-plaint by the Attorney General, the Regulatory Operations Staff of the Public Utilities Commission of Nevada, a district attorney, a city attorney, the agency that issued the permit to excavate or the operator or the person responsible for the excavation or demolition.

5. In determining the amount of the penalty or the amount agreed upon in a settlement or compromise, the Public Utilities Commission of Nevada shall consider:

(a) The gravity of the violation;

29

(b) The good faith of the person charged with the viola-tion in attempting to comply with the provisions of NRS 455.080 to 455.180, inclusive, before and after notification of a violation; and

(c) Any history of previous violations of those provi-sions by the person charged with the violation.

6. A civil penalty recovered pursuant to this section must first be paid to reimburse the person who initiated the action for any cost incurred in prosecuting the matter.

7. Any person aggrieved by a determination of the Public Utilities Commission of Nevada pursuant to this section may seek judicial review of the determination in the manner pro-vided by NRS 703.373. (Added to NRS by 1991, 1144; A 1997, 2000; 2005, 907; 2007, 675)

NRS 455.180 Civil remedies preserved; additional civil remedy not created. The provisions of NRS 455.080 to 455.170, inclusive, do not affect any civil remedies provided by law for personal injury or property damage and do not create a new civil remedy for any personal injury or property damage. (Added to NRS by 1991, 1145)

Note: To view the changes to NRS 455 made by the passage of AB 80 effective 10-01-2009 go to or click the link below: http://www.leg.state.nv.us/75th2009/Bills/AB/AB80_EN.pdf These changes are not printed in this document.

30

Nevada Administrative Code (NAC) 455.010 - 455.165

NAC 455.010 Definitions. (NRS 703.025, 704.260, 704.280) As used in this chapter, unless the context other-wise requires, the words and terms defined in NAC 455.015 to 455.095, inclusive, have the meanings ascribed to them in those sections. (Added to NAC by Pub. Utilities Comm‟n by R156-03, eff. 8-25-2004; A by R048-06, 9-18-2006)

NAC 455.015 “Affected area of the proposed excava-tion or demolition” defined. (NRS 703.025, 704.260, 704.280) “Affected area of the proposed excavation or de-molition” means the area that is:

1. Within the perimeter of the proposed area of the exca-

vation or demolition; and

2. Within 24 inches horizontally of the perimeter of the

proposed area of the excavation or demolition.

(Added to NAC by Pub. Utilities Comm‟n by R156-03, eff. 8-

25-2004; A by R153-07, 7-01-2008)

NAC 455.020 “Approximate location of a subsurface installation” defined. (NRS 703.025, 704.260, 704.280) “Approximate location of a subsurface installation” has the meaning ascribed to it in NRS 455.082. (Added to NAC by Pub. Utilities Comm‟n by R156-03, eff. 8-25-2004)

NAC 455.025 “Association for operators” defined.

(NRS 703.025, 704.260, 704.280) “Association for opera-

tors” has the meaning ascribed to it in NRS 455.084. (Add-

ed to NAC by Pub. Utilities Comm‟n by R156-03, eff. 8-25-

2004)

NAC 455.030 “Commission” defined. (NRS 703.025,

704.260, 704.280) “Commission” means the Public Utilities

Commission of Nevada. (Added to NAC by Pub. Utilities

Comm‟n by R156-03, eff. 8-25-2004)

NAC 455.035 “Damage” defined. (NRS 703.025, 704.260, 704.280) “Damage” has the meaning ascribed to it in NRS 455.086. (Added to NAC by Pub. Utilities Comm‟n by R156-03, eff. 8-25-2004)

NAC 455.040 “Demolition” defined. (NRS 703.025, 704.260, 704.280) “Demolition” has the meaning ascribed

Note: To view the changes to NAC 455 made by the Adopted Regulation of the Public Utilities Commission of Nevada, LCB File No. R153-07, go to or click the link below: http://www.leg.state.nv.us/register/2007Register/R153-07A.pdf These changes are underlined in this printing.

31

to it in NRS 455.088. (Added to NAC by Pub. Utilities Comm‟n by R156-03, eff. 8-25-2004)

NAC 455.045 “Emergency” defined. (NRS 703.025, 704.260, 704.280) “Emergency” has the meaning ascribed to it in NRS 455.090. (Added to NAC by Pub. Utilities Comm‟n by R156-03, eff. 8-25-2004)

NAC 455.050 “Excavation” defined. (NRS 703.025, 704.260, 704.280) “Excavation” has the meaning ascribed to it in NRS 455.092. (Added to NAC by Pub. Utilities Comm‟n by R156-03, eff. 8-25-2004)

NAC 455.055 “Excavator” defined. (NRS 703.025,

704.260, 704.280) “Excavator” means any person who di-

rectly or through an employee performs an excavation or

demolition. (Added to NAC by Pub. Utilities Comm‟n by

R156-03, eff. 8-25-2004)

NAC 455.060 “Identify” defined. (NRS 703.025, 704.260,

704.280) “Identify” means to describe:

1. The type of a subsurface installation; and

2. If the subsurface installation has a diameter or width

of more than 2 inches, the diameter or width and composi-

tion of the subsurface installation, if reasonably known.

The term does not include describing the depth of a sub-

surface installation. (Added to NAC by Pub. Utilities

Comm‟n by R156-03, eff. 8-25-2004)

NAC 455.065 “Locate” defined. (NRS 703.025, 704.260,

704.280) “Locate” means to determine the location of a

subsurface installation. The term does not include determin-

ing the depth of the subsurface installation. (Added to NAC

by Pub. Utilities Comm‟n by R156-03, eff. 8-25-2004)

NAC 455.067 “Marking practices in the industry” de-fined. (NRS 703.025, 704.260, 704.280) “Marking practices in the industry” means the marking standards adopted by reference in NAC 455.105. (Added to NAC by Pub. Utilities Comm‟n by R048-06, eff. 9-18-2006)

NAC 455.070 “Notification” defined. (NRS 703.025, 704.260, 704.280) “Notification” means a notice of an exca-vation or demolition submitted by an excavator to an asso-ciation for operators. (Added to NAC by Pub. Utilities Comm‟n by R156-03, eff. 8-25-2004)

NAC 455.075 “Operator” defined. (NRS 703.025, 704.260, 704.280) “Operator” has the meaning ascribed to it in NRS 455.096. (Added to NAC by Pub. Utilities Comm‟n by R156-03, eff. 8-25-2004)

32

NAC 455.080 “Person” defined. (NRS 703.025, 704.260, 704.280) “Person” has the meaning ascribed to it in NRS 455.098. (Added to NAC by Pub. Utilities Comm‟n by R156-03, eff. 8-25-2004)

NAC 455.085 “Proposed area of the excavation or de-molition” defined. (NRS 703.025, 704.260, 704.280) “Pro-posed area of the excavation or demolition” means the area identified by the excavator pursuant to the provisions of NAC 455.115 and subparagraph (2) of paragraph (b) of subsection 1 of NRS 455.110. (Added to NAC by Pub. Utili-ties Comm‟n by R156-03, eff. 8-25-2004)

NAC 455.090 “Subsurface installation” defined. (NRS 703.025, 704.260, 704.280) “Subsurface installation” has the meaning ascribed to it in NRS 455.101. (Added to NAC by Pub. Utilities Comm‟n by R156-03, eff. 8-25-2004)

NAC 455.095 “Working day” defined. (NRS 703.025, 704.260, 704.280) “Working day” has the meaning ascribed to it in NRS 455.105. (Added to NAC by Pub. Utilities Comm‟n by R156-03, eff. 8-25-2004)

NAC 455.100 “Association for operators” deemed to be Underground Service Alert North. (NRS 455.084, 703.025, 704.260, 704.280) For the purposes of this chap-ter and NRS 455.080 to 455.180, inclusive, the “association for operators,” as described in NRS 455.084, shall be deemed to be Underground Service Alert North, or its suc-cessor organization. (Added to NAC by Pub. Utilities Comm‟n by R156-03, eff. 8-25-2004

NAC 455.105 Marking standards: Adoption by refer-

ence; availability. (NRS 455.133, 703.025, 704.260,

704.280) 1. The Commission hereby adopts by reference the

marking standards described in the: (a) “Uniform Color Code”; (b) “Guidelines for Excavation Delineation”; and (c) “Guidelines for Operator‟s Facility Field Delinea-

tion,” as set forth in Appendix B of Best Practices Version 3.0, published by the Common Ground Alliance.

2. A copy of this publication can be obtained from the Common Ground Alliance, free of charge, at the Internet address http://www.commongroundalliance.com/. (Added to NAC by Pub. Utilities Comm‟n by R048-06, eff. 9-18-2006)

NAC 455.107 Marking standards: Controlling provi-sions. (NRS 455.133, 703.025, 704.260, 704.280) If there is a conflict between the marking practices in the industry and the other provisions of this chapter, the other provisions of this chapter control. (Added to NAC by Pub. Utilities Comm‟n by R048-06, eff. 9-18-2006)

33

NAC 455.110 Notification of association for operators:

Required information. (NRS 455.110, 703.025, 704.260,

704.280) In addition to the requirements set forth in para-

graph (a) of subsection 1 of NRS 455.110, an excavator

submitting a notification shall provide to the association for

operators:

1. If applicable, the number of the facsimile machine at

which the excavator can receive documents;

2. If applicable, the electronic mail address at which the

excavator can be contacted;

3. If the affected area of the proposed excavation or de-

molition was the subject of a previous notification submitted

by the excavator, information relating to the previous notifi-

cation; and

4. Any additional information relating to the excavation or

demolition that is requested by the association for opera-

tors. (Added to NAC by Pub. Utilities Comm‟n by R156-03,

eff. 8-25-2004)

NAC 455.115 Marking of proposed area of excavation

or demolition; exemption from requirement for notifica-

tion. (NRS 455.110, 703.025, 704.260, 704.280)

1. Except as otherwise provided in subsections 3 and 4,

an excavator who marks the proposed area of an excava-

tion or demolition pursuant to the provisions of subpara-

graph (2) of paragraph (b) of subsection 1 of NRS 455.110

shall mark:

(a) The area before submitting a notification; and (b) Only the area that can reasonably be excavated or

demolished within 14 calendar days after the date the exca-vator submitted the notification of the excavation or demoli-tion to the association for operators pursuant to the provi-sions of NRS 455.110.

2. An excavator marking the proposed area of an exca-vation or demolition pursuant to subsection 1 shall mark in a manner consistent with the marking practices in the industry and shall mark in white:

(a) The perimeter of the proposed excavation or de-molition; or

(b) The centerline and width of the proposed excava-tion or demolition. 3. If an excavator and all the operators of subsurface in-

stallations in the affected area of the proposed excavation or demolition agree to identify the proposed area of the ex-cavation or demolition in another manner pursuant to the provisions of subparagraph (2) of paragraph (b) of subsec-tion 1 of NRS 455.110, the excavator shall comply with the terms of that agreement.

34

4. Pursuant to subsection 1 of NRS 455.110, an excava-tor conducting an excavation or demolition that will expose only a subsurface installation owned or operated by the excavator is not required to notify an association of opera-tors pursuant to NRS 455.110. (Added to NAC by Pub. Utili-ties Comm‟n by R156-03, eff. 8-25-2004; A by R048-06, 9-18-2006)

NAC 455.120 Association for operators: Dissemination

of information received in notification. (NRS 455.115,

703.025, 704.260, 704.280) In addition to the requirements

set forth in NRS 455.115, an association for operators that

receives a notification pursuant to the provisions of NRS

455.110 shall transmit the information contained in the noti-

fication to all members of the association for operators who

have reported to the association for operators that they

own, operate, maintain or control a subsurface installation

in the affected area of the proposed excavation or demoli-

tion. (Added to NAC by Pub. Utilities Comm‟n by R156-03,

eff. 8-25-2004)

NAC 455.125 Duties of operator upon receipt of notifi-

cation from association for operators. (NRS 455.130,

455.133, 703.025, 704.260, 704.280)

1. An operator locating and identifying subsurface instal-

lations pursuant to the provisions of paragraph (a) of sub-

section 1 of NRS 455.130 shall locate and identify all sub-

surface installations of the operator that are in use or held

for prospective use and are located within the affected area

of the proposed excavation or demolition and shall: (a) Mark the approximate location of the subsurface in-

stallations located and identified as required by NRS 455.133 and NAC 455.130 or in another manner agreed to in writing between the excavator and the operator; or

(b) For any subsurface installations of the operator that the operator was unable to identify or locate according to the records of the operator:

(1) Inform the excavator of the approximate location

of the subsurface installation; and (2) Provide to the excavator the best description

available of the subsurface installation from those records. 2. If an operator determines that it has no subsurface in-

stallations within the affected area of the proposed excava-tion or demolition, the operator shall notify the excavator pursuant to the provisions of subsection 2 of NRS 455.130 by:

(a) Notifying the excavator directly; or

35

(b) Making a mark which indicates that the operator

has no subsurface installations within the affected area of

the proposed excavation or demolition in a manner that:

(1) Is consistent with the practice in the industry; or

(2) Includes the name, initials or logo of the operator.

(Added to NAC by Pub. Utilities Comm‟n by R156-03, eff. 8-

25-2004)

NAC 455.130 Marking location of subsurface installa-

tion. (NRS 455.130, 455.133, 703.025, 704.260, 704.280)

1. Except as otherwise provided in subsection 2 or when

otherwise agreed to by an operator and an excavator, an

operator marking the approximate location of a subsurface

installation that has been located and identified pursuant to

the provisions of NAC 455.125 shall mark the approximate

location of the subsurface installation in a manner consis-

tent with the marking practices in the industry. 2. The requirement of marking the approximate location

of a subsurface installation does not apply to an individual irrigation system for landscaping or to a playing field. (Add-ed to NAC by Pub. Utilities Comm‟n by R156-03, eff. 8-25-2004; A by R048-06, 9-18-2006)

NAC 455.135 Marks: Duties of excavator. (NRS 455.137,

703.025, 704.260, 704.280)

1. Until an excavation or demolition is completed, an ex-

cavator shall maintain the marks:

(a) Of the proposed area of an excavation or demoli-

tion made by the excavator pursuant to the provisions of

subsections 2 and 3 of NAC 455.115; and

(b) Of the approximate location of subsurface installa-

tions made by an operator pursuant to paragraph (a) of

subsection 1 of NAC 455.125.

2. If, the operator‟s marks are removed, obliterated, cov-

ered or otherwise become disturbed or the excavator has

concerns regarding the accuracy and meaning of the opera-

tor‟s marks before or during an excavation or demolition the

excavator: (a) Shall not begin the excavation or demolition, or, if

the excavator has begun the excavation or demolition, shall cease the excavation or demolition in the portion of the af-fected area of the proposed excavation or demolition; and

(b) Shall mark the portion of the affected area of the

proposed excavation or demolition with white markings,

note the areas as remarked and resubmit a notification to

the association for operators that requests the operators

with subsurface installations in the affected area of the pro-

36

posed excavation or demolition to mark, confirm existing

marks or make replacement marks for the subsurface in-

stallations in the remarked area.

3. An excavator may, by submitting a notification to the

association for operators, request that an operator make

replacement marks in all or a portion of the affected area of

the proposed excavation or demolition if the existing marks

are faded but still visible and the excavator has no concerns

regarding the accuracy and meaning of the operator‟s

marks as a result of the fading.

4. An operator shall respond to a request made by an

excavator pursuant to subsection 2 or 3 not later than 2

working days after receipt of the request, unless the opera-

tor and excavator agree upon a different period. An opera-

tor who complies with the provisions of this subsection is

not relieved of his duty to mark his subsurface installations

pursuant to NRS 455.133 and NAC 455.130 or any other

duty imposed pursuant to this chapter.

5. An excavator who complies with the provisions of

subsections 2, 3 and 4 is not relieved of his duty to maintain

the marks pursuant to subsection 1 or any other duty im-

posed pursuant to this chapter. (Added to NAC by Pub.

Utilities Comm‟n by R156-03, eff. 8-25-2004; A by R153-07,

1-30-2008)

NAC 455.140 Marks: Prohibited acts; removal upon

completion of excavation or demolition. (NRS 703.025,

704.260, 704.280)

1.Except as otherwise provided in subsection 2, an ex-

cavator, an operator or any other person shall not create,

remove, change or modify a mark made by an excavator or

an operator in an affected area of a proposed excavation or

demolition for the purpose of violating a provision of this

chapter or NRS 455.080 to 455.180, inclusive. 2. Except as otherwise provided in NAC 455.160, an ex-

cavator or operator may remove a mark made by the exca-vator or an operator if the excavation or demolition has been completed. (Added to NAC by Pub. Utilities Comm‟n by R156-03, eff. 8-25-2004)

NAC 455.145 Restrictions upon and duties of excava-

tor before commencement of excavation or demolition.

(NRS 455.137, 703.025, 704.260, 704.280)

1. Except when commencing an emergency excavation

as provided in the provisions of subsection 2 of NRS

455.110, an excavator:

(a) Shall not commence an excavation or demolition:

37

(1) Until each operator of a subsurface installation

within the affected area of the proposed excavation or de-

molition has marked the location or has provided the ap-

proximate location of the subsurface installations of the

operator pursuant to the provisions of NAC 455.125; and

(2) Before: (I) The date and time the excavator identified as the

date and time of commencement of the excavation or de-molition; and

(II) Two working days after the date and time the

excavator provided notification to the association for opera-

tors. (b) To ensure that all subsurface installations in the af-

fected area have been properly located and identified, shall not commence an excavation or demolition until the excava-tor has reviewed:

(1) All marks made by operators pursuant to the pro-

visions of NAC 455.125;

(2) All marks made by the excavator pursuant to the

provisions of NAC 455.115;

(3) All other information regarding subsurface installa-

tions provided to the excavator by an operator with subsur-

face installations in the affected area of the proposed exca-

vation or demolition; and (4) All other evidence that is visible of the approximate

location of subsurface installations in the affected area of the proposed excavation or demolition.

2. In addition to the requirements provided in subsection 1, if an excavator is commencing an excavation or demoli-tion pursuant to subparagraph (2) of paragraph (a) of sub-section 1 and each operator of a subsurface installation within the affected area of the proposed excavation or de-molition has not marked or otherwise identified the location of the subsurface installations of the operator pursuant to the provisions of NAC 455.125, the excavator shall, before commencing the excavation or demolition, provide notifica-tion to the association for operators and request that each operator who has a subsurface installation that has not been marked return and mark the subsurface installation in the affected area of the proposed excavation or demolition. (Added to NAC by Pub. Utilities Comm‟n by R156-03, eff. 8-25-2004)

NAC 455.150 Duties of excavator: Procedures for con-

ducting excavation or demolition. (NRS 455.137,

703.025, 704.260, 704.280)

1. An excavator conducting an excavation or demolition

shall proceed in a careful and prudent manner.

38

2. In accordance with the provisions of NRS 455.137, the

excavator shall, when conducting an excavation or demoli-

tion within the approximate location of a subsurface installa-

tion, determine the exact location of the subsurface installa-

tion by excavating with hand tools or by any other method

agreed upon by the excavator and the operator having re-

sponsibility for the subsurface installation before using any

mechanical equipment.

3. If, during the course of an excavation or demolition, an

excavator is unable to determine the exact location of a

subsurface installation within 24 horizontal inches of a mark

placed by an operator, the excavator shall notify immediate-

ly the association for operators and the operator who placed

the mark.

4. If, during the course of an excavation or demolition, an

excavator discovers any subsurface installation, the exca-

vator shall provide the lateral and subjacent support of the

subsurface installation that is needed to ensure the protec-

tion and stability of the subsurface installation. (Added to

NAC by Pub. Utilities Comm‟n by R156-03, eff. 8-25-2004;

A by R153-07, 7-01-2008)

NAC 455.155 Duties of excavator: Discovery of un-

marked subsurface installation during course of exca-

vation or demolition. (NRS 455.137, 703.025, 704.260,

704.280)

1. In addition to the requirements set forth in subsection

4 of NAC 455.150 if, during the course of an excavation or

demolition, an excavator discovers a subsurface installation

the location of which was not marked or otherwise identified

by an operator pursuant to the provisions of NAC 455.125,

the excavator shall: (a) Before continuing with the excavation or demolition,

inform the owner of the subsurface installation, if known, of the discovery of the subsurface installation; and

(b) As soon as practical, provide notification to the asso-

ciation for operators of the discovery of the subsurface in-

stallation.

2. The association for operators shall transmit the infor-

mation contained in the notification made by the excavator

to the operator of the subsurface installation discovered by

the excavator.

3. Upon receipt of the notification by the excavator or the

association for operators of a subsurface installation the

location of which was not marked, the operator shall locate

and identify and mark the subsurface installation pursuant

39

to the provisions of NAC 455.125. (Added to NAC by Pub.

Utilities Comm‟n by R156-03, eff. 8-25-2004)

NAC 455.160 Duties of excavator: Causing or observ-

ing damage to subsurface installation during excava-

tion or demolition. (NRS 455.140, 703.025, 704.260,

704.280)

1. If an excavator causes or observes any damage, in-

cluding, without limitation, a scratch, kink, stretch mark or

any other unusual condition, to a subsurface installation

during an excavation or demolition, the excavator shall:

(a) Cease work on the excavation or demolition in the

area around the damaged subsurface installation;

(b) Inform the operator of the subsurface installation of

the damage; and (c) Except as otherwise provided in subsection 2, not

backfill the area around the damaged subsurface installa-tion until the operator of the subsurface installation has had a reasonable amount of time to inspect, maintain and repair the subsurface installation.

2. If the operator of a damaged subsurface installation

consents, the excavator may backfill the area around a

damaged subsurface installation without the inspection,

maintenance or repair of the subsurface installation by the

operator.

3. If the damaged subsurface installation presents an

emergency, the excavator: (a) In addition to the notification required pursuant to

subsection 1, shall inform all appropriate local public service agencies or, if available, telephone emergency 911 servic-es;

(b) Except as otherwise provided in paragraph (c), shall take reasonable steps to ensure public safety and to minim-ize the hazard presented by the damaged installation; and

(c) Shall not operate any valve or other device of the op-erator of the damaged subsurface installation while taking steps to ensure public safety and to minimize the hazard presented by the damaged installation. (Added to NAC by Pub. Utilities Comm‟n by R156-03, eff. 8-25-2004)

NAC 455.165 Period for conducting excavation or de-

molition: Validity of notification; extension. (NRS

455.110, 703.025, 704.260, 704.280)

1. A notification submitted by an excavator to an asso-

ciation for operators is valid to conduct an excavation or

demolition for 28 calendar days after the date and time that

the excavator provided the notification to the association for

operators pursuant to the provisions of NRS 455.110.

40

2. An excavator may submit a request to the association

for operators to extend the period for which the excavator

may engage in the excavation or demolition by an additional

28 calendar days.

3. The association for operators shall notify the operators

of subsurface installations within the affected area of the

proposed excavation or demolition of the extension of time

for excavation or demolition, and the period for which the

excavator may engage in the excavation or demolition shall

be deemed to be extended for 28 calendar days.

4. An excavator may not request more than two exten-

sions of the period in which the excavator is permitted to

engage in an excavation or demolition pursuant to the pro-

visions of this section. If the excavator needs additional time

in which to engage in the excavation or demolition beyond

the period afforded by the original notification and the sub-

sequent extensions, the excavator shall submit a new notifi-

cation to the association for operators pursuant to the provi-

sions of NRS 455.110. (Added to NAC by Pub. Utilities

Comm‟n by R156-03, eff. 8-25-2004; A by R153-07, 1-30-

2008)

Note: To view the changes to NAC 455 made by the Adopted Regulation of the Public Utilities Commission of Nevada, LCB File No. R153-07, go to or click the link below: http://www.leg.state.nv.us/Register/2007Register/R153-07A.pdf These changes are underlined in this printing.

CAUTION! There are separate regulations in Nevada Law regarding the performance of acts near overhead lines. Please see NRS 455.200

through 455.220 for those regulations.

Special Note

The PUCN has adopted new "Call Before You Dig" regula-tions, which may be found in the Nevada Administrative Code 455 at www.leg.state.nv.us/NAC/NAC-455.html. These regulations are now in effect and include instructions on submitting a complaint for a violation of the "Call Before You Dig" regulations. NAC 455. 200 – 455.450 inclusive, describe the process for filing and resolving informal and formal complaints. You may obtain a copy of the regulations from the PUCN by calling (775) 684-6104, or you may view and download the regulations at the above website.

USA North’s Nevada Excavation Manual

USA North (Underground Service Alert) 4090 Nelson Avenue, Suite A, Concord, CA. 94520-1232 Administrative: Phone 925-798-9504; Fax 925-798-9506;

Web Page: www.usanorth.org

This manual is provided to you as a public service by USA North and is dedicated to the safety of our

communities in California and Nevada.

Know what’s below. Call 2 Working Days to 14 Calendar Days Before You Dig in California and Nevada!

Revised 01/01/10 ©