PRIOR PRINTER'S NOS. 2209, 2803, 3094 PRINTER'S NO. 3309
No. 1735 Session of 1985
INTRODUCED BY SWEET, CESSAR, PETRARCA, SEMMEL, DAWIDA, SHOWERS,
MORRIS, GREENWOOD, VAN HORNE, KUKOVICH, TRELLO, GANNON,
STEIGHNER, MICHLOVIC, PISTELLA, STABACK, JAROLIN, BELARDI,
COHEN, BATTISTO, DALEY, FISCHER, ITKIN, D. W. SNYDER,
HALUSKA, PRATT, HERSHEY, VEON AND B. SMITH, OCTOBER 2, 1985
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
APRIL 16, 1986
AN ACT
1 Amending the act of December 10, 1974 (P.L.852, No.287),
2 entitled "An act to protect the public health and safety by
3 preventing excavation or demolition work from damaging
4 underground lines used in providing electricity,
5 communication, gas, oil delivery, oil product delivery,
6 sewage, water or other service; imposing duties upon the
7 providers of such service, recorders of deeds, and persons
8 and other entities preparing drawings or performing
9 excavation or demolition work; and prescribing penalties,"
10 further providing requirements for excavation or demolition
11 work.
12 The General Assembly of the Commonwealth of Pennsylvania
13 hereby enacts as follows:
14 Section 1. Sections 1, 2, 3, 4, 5 and 6 of the act of
15 December 10, 1974 (P.L.852, No.287), referred to as the
16 Underground Utility Line Protection Law, are amended to read:
17 Section 1. As used in this act:
18 "Contractor" means any person who or which performs
19 excavation or demolition work for himself or for another person.
20 "Demolition work" means the use of powered equipment or
1 explosives to destroy or raze any structure.
2 "Designer" means any architect, engineer or other person who
3 or which prepares a drawing for a construction or other project
4 which requires excavation or demolition work as herein defined.
5 "Emergency" means any condition constituting a clear and
6 present danger to life or property by reason of escaping gas,
7 exposed wires, or other similar and serious breaks or defects in
8 a user's lines.
9 "Excavation work" means the use of powered equipment or
10 explosives in the movement of earth, rock or other material, and
11 includes but is not limited to anchoring, augering, backfilling,
12 blasting, digging, ditching, drilling, driving-in, grading,
13 plowing-in, pulling-in, ripping, scraping, trenching and
14 tunneling; but shall not include such use in agricultural
15 operations [or for the purpose] NOR OPERATIONS NECESSARY OR <--
16 INCIDENTAL TO THE PURPOSES of finding or extracting natural
17 resources INCLUDING ALL WELL SITE OPERATIONS and shall not <--
18 include work within State highway right-of-way which does not
19 extend more than twenty-four inches beneath the existing
20 surface.
21 "Line" means an underground conductor or underground facility
22 used in providing electric or communication service, or an
23 underground pipe used in CARRYING OR providing gas, oil or oil <--
24 product delivery, sewage, water or other service to one or more
25 consumers or customers of such service and the appurtenances
26 thereto. The term does not include storm drainage facilities
27 which are located within a public highway right-of-way. THE TERM <--
28 SHALL NOT INCLUDE OIL AND GAS PRODUCTION AND GATHERING PIPELINE
29 SYSTEMS DESIGNED PRINCIPALLY TO COLLECT OIL OR GAS PRODUCTION
30 FROM WELLS LOCATED IN THIS COMMONWEALTH PROVIDED SUCH SYSTEMS
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1 ARE MARKED OR STAKED SO AS TO IDENTIFY THEIR LOCATION.
2 "One-call system" means a communication system established
3 within this Commonwealth to provide a single telephone number
4 for contractors or designers or any other person covered by this
5 act to call to notify users of underground lines and pipe of the
6 caller's intent to use powered equipment for excavating,
7 tunneling, demolition or similar work. A one-call system shall
8 be incorporated and operated as a nonprofit corporation pursuant
9 to 15 Pa.C.S. Part III (relating to corporations not-for-
10 profit).
11 "Operator" means any individual in physical control of
12 powered equipment or explosives when being used to perform
13 excavation or demolition work.
14 "Owner" means any person who or which engages a contractor
15 for a construction or other project which requires excavation or
16 demolition work as herein defined.
17 "Person" means an individual, partnership, corporation,
18 [governmental agency] political subdivision, a municipal
19 authority, the Commonwealth and its agencies and
20 instrumentalities, or any other entity.
21 "Powered equipment" means any equipment energized by an
22 engine or motor and used in excavation or demolition work.
23 "Site" means the specific place or places where excavation or
24 demolition work is being or is to be performed.
25 "User" means the public utility, [municipal corporation,]
26 political subdivision, municipality, authority, the
27 Commonwealth, rural electric cooperative or its named
28 representative trade association, or other person or entity who
29 or which [uses] OWNS OR OPERATES a line [to provide service to <--
30 one or more consumers] or customers. <--
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1 "Working day" means any day except a Saturday, Sunday or
2 legal holiday prescribed by act of the General Assembly.
3 Section 2. It shall be the duty of each user:
4 (1) To give written notice to the recorder of deeds of each
5 county in which its lines are located, which notice shall state:
6 (i) the name of the user;
7 (ii) the names of the county's [political subdivisions]
8 municipalities, down to and including wards in Philadelphia,
9 Pittsburgh and Erie, in which its lines are located;
10 (iii) the user's office address (by street, number and
11 political subdivision), and the telephone number to which
12 inquiries may be directed as to the location of such lines.
13 (2) To give like written notice within five working days
14 after any of the matters stated in the last previous notice
15 shall have changed.
16 (3) To accompany each such written notice with a filing fee
17 of five dollars ($5) payable to and for the use of the county.
18 (4) Not more than [two] ten working days after receipt of a
19 request therefor from a designer who identifies the site of
20 excavation or demolition work for which he is preparing a
21 drawing, to initially respond to his request, orally or by mail,
22 for information as to the [approximate location] position and
23 type of the user's lines at such site based on the information
24 currently in the user's possession. If there are no lines at the
25 site, the user shall so advise the person making the request; if
26 there are lines at the site, the user shall follow up such
27 initial response. In either instance, such response shall be in
28 writing when requested by the designer.
29 (5) Not more than two working days after receipt of a timely
30 request therefor from a contractor or operator who identifies
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1 the site of excavation or demolition work he intends to
2 perform[, to inform him of:
3 (i) the location of any of the user's lines at such site;
4 (ii) the cooperative steps which the user may take, either
5 at or off the excavation or demolition site, to assist him in
6 avoiding damage to its lines;
7 (iii) suggestions for procedures that might be followed in
8 avoiding such damage.]:
9 (i) To mark, stake, locate or otherwise provide the position
10 of the user's underground lines at the site within eighteen
11 inches horizontally from the outside wall of such line in a
12 manner so as to enable the contractor, where appropriate, to
13 employ prudent techniques, including, but not limited to, WHICH <--
14 MAY INCLUDE hand-dug test holes, to determine the precise
15 position of the underground user's lines. This shall be done to
16 the extent such information is available in the user's records
17 or by use of standard locating techniques other than excavation.
18 (ii) A user, at its option, timely may elect to excavate
19 around its facilities in fulfillment of this subparagraph.
20 (iii) In marking the approximate position of underground
21 utilities, the user shall follow the color coding described
22 herein:
23 Specific
24 Utility and Type of Product Group Identifying Color
25 Electric power Distribution and Safety Red
26 Transmission
27 Municipal Electric Systems Safety Red
28 Gas Distribution and Transmission High Visibility Safety
29 Yellow
30 Oil Distribution and Transmission High Visibility Safety
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1 Yellow
2 Dangerous Materials, Product High Visibility Safety
3 Lines, Steam Lines Yellow
4 Telephone and Telecommunications Safety Alert Orange
5 Police and Fire Communications Safety Alert Orange
6 Cable Television Safety Alert Orange
7 Water Systems Safety Precaution Blue
8 Slurry Systems Safety Precaution Blue
9 Sewer Lines Safety Green
10 (iv) If there are no lines at the site, make a reasonable
11 effort to so advise the person making the request, providing the
12 request is made in the time frame set forth in clause (2) of
13 section 5 or notify the one-call system to which it belongs.
14 (6) Upon receipt of a request pursuant to clauses (4) or
15 (5), to assign such request a serial number, inform the
16 requestor of such number, and to maintain a register showing the
17 name, address and telephone number of the requestor, the site to
18 which the request pertains, and the assigned serial number.
19 (7) The one-call system shall perform the obligations, as
20 set forth under this section, on behalf of the user and under
21 circumstances as established by the board of directors of the
22 one-call system.
23 Section 3. It shall be the duty of the recorder of deeds of
24 each county:
25 (1) To ascertain from the notices received pursuant to
26 clause (1) of section 2, the identity of all users having lines
27 in each [political subdivision,] municipality, including wards
28 as indicated in subclause (ii) of clause (1) of section 2, and
29 to maintain, for each [political subdivision] municipality, a
30 list [showing as to such users the information prescribed by
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1 said subsection] containing the information as required to be
2 submitted by the user. Such list shall be updated as revised
3 information is received from the users.
4 (2) To make such lists available for public inspection
5 without charge, and to provide a copy of the list [for]
6 pertaining to any [political subdivision] municipality to anyone
7 who requests it for a copy fee of one dollar ($1) per page
8 payable to and for the use of the county. A maximum copy fee of
9 no more than twenty-five dollars ($25) may be charged per list.
10 Each recorder shall provide a copy of such list and revisions
11 thereto, at no charge, to any one-call system servicing any
12 portion of such recorder's county.
13 Section 4. It shall be the duty of each designer preparing a
14 drawing requiring excavation or demolition work [at a site]
15 within [a political subdivision] the Commonwealth:
16 (1) To inspect or obtain a copy of the list of users
17 [therein] prescribed by section 3.
18 (2) To request the information prescribed by section 2,
19 clause (4) from each user's office designated on such list, not
20 less than ten nor more than ninety working days before final
21 design is to be completed. This clause is not intended to
22 prohibit designers from obtaining such information more than
23 ninety days before final design is to be completed.
24 (3) To show upon the drawing the [approximate location]
25 position and type of each line, as derived pursuant to the
26 request made as required by clause (2), and the name of the
27 user, and the user's designated office address and telephone
28 number as shown on the list referred to in clause (1).
29 (4) Make a reasonable effort to prepare the construction
30 drawings to avoid damage to and minimize interference with a
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1 user's facilities in the construction area.
2 (5) A designer shall be deemed to have met the obligations
3 of clauses (1) and (2) if he calls a one-call system serving the
4 location where the excavation is to be performed.
5 Section 5. It shall be the duty of each contractor who
6 intends to perform excavation or demolition work [at a site
7 within a political subdivision] within this Commonwealth:
8 (1) To ascertain [the location and type] types of users'
9 lines at such site, either by inspection of the designer's
10 drawing made pursuant to section 4 or, if there be no such
11 drawing, then by the same manner as that prescribed for a
12 designer in clauses (1) and (2) of section 4.
13 (2) Not less than three nor more than ten working days prior
14 to the day of beginning such work, to notify each user of the
15 contractor's intent to perform such work at its site or sites,
16 and to request the information prescribed by [subclauses (ii)
17 and (iii) of] clause (5) of section 2, from each such user's
18 office designated on the designer's drawing or on the list of
19 users obtained pursuant to clause (1) of section 4. If a
20 contractor intends to perform work at multiple sites or over a
21 large area, he shall take reasonable steps to work with users so
22 that they may locate their facilities at a time reasonably in
23 advance of the actual start of excavation or demolition work at
24 each site. A contractor shall be deemed to have given the notice
25 described in this clause if he calls a one-call system serving
26 the location where the excavation is to be performed.
27 [(3) To inform each operator, employed by him at the site of
28 such work, of the information obtained by him pursuant to
29 clauses (1) and (2) of this section.
30 (4) To report immediately to the user any break or leak on
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1 its lines, or any dent, gouge, groove or other damage to such
2 lines or to their coating or cathodic protection, made or
3 discovered in the course of the excavation or demolition work.
4 (5) To alert immediately the occupants of premises as to any
5 emergency that he may create or discover at or near such
6 premises.
7 (6) The requirement of clauses (1), (2) and (3) shall not
8 apply to a user or contractor performing excavation or
9 demolition work in an emergency.]
10 (3) To exercise due care; and to take all reasonable steps
11 necessary to avoid injury to or otherwise interfere with all
12 lines where positions have been provided to the contractor by
13 the users pursuant to clause (5) of section 2. If insufficient
14 information is available pursuant to clause (5) of section 2,
15 the contractor shall employ prudent techniques, including, but <--
16 not limited to, WHICH MAY INCLUDE hand-dug test holes, to <--
17 ascertain the precise position of such facilities.
18 (4) If the user fails to respond to the contractor's timely
19 request within the two work days as provided under clause (5) of
20 section 2 or the user fails to notify the contractor that the
21 line cannot be marked within the time frame and a mutually
22 agreeable date for marking cannot be arrived at, the contractor
23 may proceed with excavation, providing he exercises due care in
24 his endeavors, subject to the limitations contained in clause
25 (5).
26 (5) To inform each operator employed by him at the location
27 of such work of the information obtained by him pursuant to
28 clauses (1), (2) and (3), and the contractor and operator shall:
29 (i) Plan the excavation or demolition to avoid damage to or
30 minimize interference with a user's facilities in the
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1 construction area. Excavation or demolition work which requires
2 temporary or permanent interruption of a user's service shall be
3 coordinated with the affected user in all cases.
4 (ii) After consulting with a user, provide such support for
5 known user's lines in the construction area, including during
6 backfilling operations, as may be reasonably necessary for the
7 protection of such utilities.
8 (6) To report immediately to the user any break or leak on
9 its lines, or any dent, gouge, groove or other damage to such
10 lines or to their coating or cathodic protection, made or
11 discovered in the course of the excavation or demolition work.
12 (7) To alert immediately the occupants of premises as to any
13 emergency that such person may create or discover at or near
14 such premises.
15 (8) The time requirements of clause (2) shall not apply to a
16 user or contractor performing excavation or demolition work in
17 an emergency, as defined in section 1; nonetheless, all users
18 must be notified as soon as possible before, during or after
19 excavation or demolition, depending upon the circumstances.
20 (9) A contractor or operator should give such notices as are
21 called for above through a one-call system, as available.
22 (10) A contractor may use the color white to mark a proposed
23 excavation site.
24 (11) Where a user has either misidentified, mislocated or
25 failed to identify its facilities pursuant to this act, and such
26 facilities are damaged solely as a result of such
27 misidentification, mislocation or failure to identify, neither
28 the contractor nor the designer shall be under any obligation to
29 reimburse the user for repair to or replacement of the
30 facilities so damaged, nor shall the contractor or the designer
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1 be subject to liability or any obligation to users, operators,
2 owners and all other persons, provided the contractor or
3 designer has complied with the terms of this act and provided,
4 further, that the contractor or designer was not otherwise
5 negligent.
6 Section 6. This act shall not be deemed to amend or repeal
7 any other law, Commonwealth regulation or any local ordinance
8 enacted pursuant to law concerning the same subject matter, it
9 being the legislative intent that [both this act and] any such
10 other law or local ordinance shall have full force and effect[.
11 This act shall not preclude the establishment of one-call
12 systems or other working agreements between users and
13 contractors to effect compliance] where not inconsistent with
14 this act.
15 Section 2. Section 7 of the act is repealed.
16 Section 3. The act is amended by adding sections to read:
17 Section 7.1. (a) All users shall be required to be members
18 of a one-call system. Operation costs for a one-call system
19 shall be shared, in an equitable manner for services received,
20 by user members. Political subdivisions with a population of
21 less than two thousand persons shall be exempt from payment of
22 any fee other than for communications.
23 (b) A one-call system shall be governed by a board of
24 directors, to be chosen by the users. No less than twenty
25 percent of the seats on the board shall be held by
26 municipalities or municipal authorities, including the
27 Commonwealth.
28 (c) All books and records of a one-call system shall be
29 audited by an auditor or accountant at least every other year.
30 An annual report shall be submitted to all users, and a copy of
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1 the report shall be submitted to the General Assembly.
2 (d) If a user fails to become a member of a one-call system
3 in violation of this act, and a line or lines of such nonmember
4 user are damaged by a contractor by reason of the contractor's
5 failure to notify the user because the user was not a member of
6 a one-call system serving the location where the damage
7 occurred, such user shall have no right of recovery from the
8 contractor of any costs associated with the damage to its lines.
9 The right herein granted shall not be in limitation of any other
10 rights of the contractor.
11 (e) When the information required from the user under
12 section 2 cannot be provided or it is reasonably necessary for
13 the contractor to ascertain the location of any line by prudent
14 techniques, including, but not limited to, WHICH MAY INCLUDE <--
15 hand-dug test holes, the contractor shall promptly notify the
16 owner or the owner's representative, either orally or in
17 writing. After giving such notice, the contractor shall be
18 entitled to compensation from the owner for this additional work
19 on the basis as provided in the latest edition of the
20 Pennsylvania Department of Transportation form 408
21 specifications for extra work performed on a force account
22 basis, if the owner is the Commonwealth or a political
23 subdivision or municipal authority, or as otherwise OR PUBLIC <--
24 UTILITY. OTHERWISE, PAYMENT WILL BE MADE AS provided in the
25 contract between the parties. The provisions of this subsection
26 shall not be deemed to limit any other rights which the
27 contractor has under its contract with the owner or otherwise.
28 Section 7.2. Any person violating any of the provisions of
29 this act, except section 7.1, shall, upon conviction in a
30 summary proceeding, be sentenced to pay a fine of not less than
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1 one thousand dollars ($1,000) nor more than five thousand
2 dollars ($5,000) or undergo imprisonment for not more than
3 ninety days, or both. A violation of section 7.1 shall be a
4 civil offense punishable by a fine of not more than five hundred
5 dollars ($500) per day for each day of the offense. The Attorney
6 General of the Commonwealth or any district attorney may enforce
7 the provisions of this act in any court of competent
8 jurisdiction and shall act upon the petition of any user. A user
9 may petition any court of competent jurisdiction to enjoin any
10 excavation or demolition work conducted in violation of this
11 act. This act does not affect any civil remedies for personal
12 injury or property damage except as otherwise specifically
13 provided for in this act.
14 Section 4. This act shall take effect in 120 days.
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