54-8a-5 - Marking of underground facilities.
54-8a-5. Marking of underground facilities.
(1) (a) Within 48 hours of the receipt of the notice required by Section 54-8a-4, theoperator shall:
(i) mark the location of its underground facilities in the area of the proposed excavation;or
(ii) notify the excavator, by telephonic or electronic message or indication at theexcavation site, that the operator does not have any underground facility in the area of theproposed excavation.
(b) The underground facility shall be marked with stakes, paint, or in some othercustomary way, indicating, at the option of the operator, either:
(i) the approximate centerline of the underground facility; or
(ii) the approximate outside dimensions of both sides of the underground facility.
(2) (a) The operator is not required to mark the underground facilities within 48 hours if:
(i) the proposed excavation:
(A) is not identified in accordance with Subsection 54-8a-4(2) or is not marked asprovided in Subsection 54-8a-4(3);
(B) is located in a remote area;
(C) is an extensive excavation; or
(D) presents other constraints that make it unreasonably difficult for the operator tocomply with the marking requirements of this section; or
(ii) the operator is not able to readily locate the underground facilities from the surfacewith standard underground detection devices.
(b) If the operator cannot proceed with the marking because of a situation described inSubsection (2)(a), the operator shall contact the excavator within 48 hours after the excavator'snotice of excavation or request for a location request assignment made in accordance withSection 54-8a-4 and request a meeting at the proposed excavation site or some other mutuallyagreed upon location.
(c) For a situation described under Subsection (2)(a)(i), the meeting constitutes thebeginning of a new 48-hour period within which the operator must begin marking theunderground facilities.
(d) (i) For the situation described under Subsection (2)(a)(ii), the excavator and operatorshall agree on a plan of excavation designed to prevent damage to the operator's undergroundfacility.
(ii) Notwithstanding the agreement, the excavator shall proceed in a manner that isreasonably calculated to avoid damage to the underground facility.
(e) (i) An operator need not mark or locate an underground facility the operator does notown.
(ii) An underground facility under Subsection (2)(e)(i) includes a water or sewer lateralor a facility running from a house to a garage or outbuilding.
(f) (i) An operator may mark the location of a known facility connected to the operator'sfacilities that is not owned or operated by the operator.
(ii) Marking a known facility under Subsection (2)(f)(i) imposes no liability on theoperator for the accuracy of the marking.
(3) The markings required by this section shall conform with marking standardsestablished by the American Public Works Association for temporary markings.
(4) Each marking is valid for not more than 14 calendar days from the date notice isgiven.
(5) If multiple lines exist:
(a) the markings must indicate the number of lines; or
(b) all lines must be marked.
Amended by Chapter 344, 2008 General Session