Page 10 - West Virgina 811 Magazines 2018 Issue 2

CONWED FROM We 7 or demolition which does not such dama e is not limited by
. , create an "emer ency” as defined reason of tl§is article.
(1) Starting date and time: in subdivision (5 subsection (c), (C) re an rexmmron or
(2) Notify the Orteerall 5““°“ “”° "‘ ‘h‘5 ’”““‘1e' demolition causes damage to any
system “°l le-‘,5 the“ twehtyetour (E) To maintain a underground tacilities owned by
23:32 exduddrng Satrurdayst clearance betweeneach an operator who is not required
Y5 art e era or State underground facility and the to be a member of a one—call

legal holidays in advance of arty cutting edge or point of any system and who is not a member
Change l“ “)9 “filling dale 0* powered equi ment, taking of such a system at the time

time 0‘ the Intended Work? and into account fife known limit of damage, the liability of the

(3) mound eaen of control of such cutting edge person causing damage shall be
emnpmem opeeaeo, mvolved in or point, as may be reasonably determined solely by alpplicable
me intended Wonk; necrersrsaryl/mfor the protection of principles of common aw.
suc aci i - .
(A, To penoem all Y’ (d) it any excavation or

exeavanon 0, demonnon Wonk (F) To protect and demolition causes damage to

in anon a manne, as to avoid preserve markers, stakes and anyothertperson or property, the
damage to dndeemronnd fadlmes other designations identifying lia ility o the person causing

in me mdnny on e intended the_ location of underground damage shall be determined
wode one, mdodme nand tacilities at the work site, and solely y applicable principles of
digging when necessary: (G) To provide such ‘°“““°“ 13'”-

(3) To report support for underground n (e) Any person who

immediately any b,eak on leak faci ities in the location of the fails to notify the one—ca_ll

rn nndergronnd raenrnear or any worlcsi_te, including during system prior to performing

den.’ gooeer eeoove o, ome, backrilling operations, as may any excavation or demolition,
damage .o and, mdlmear made be reasonably necessanv tor or fails to follow the reporting
or drseovered m the Course or the the protection of such acilities. provisions of this section, or_ n
exeavanon on demonnon and to Temporary support and backfill who violates any‘ other provision
anon, ene epeeaeon a reasonable shall} provide support for such of lhlsrsecllon, s all be guilty
nme to aeeompnan neeeaaam, facilities at leastequivalerit to the of a misdemeanor and, upon
nepana be;o,e eonnndgng the previously existing support. conviction thereof, shall be fined
excavation or demolition in the (by H errr, rrrraerermmd not more than $5,000.

immediate area of such facilities: tacility is damaged by a person (f) Nothirég in this chapter

(Q To immediately alen who has failed to Cgmplynwlth may be construe to restrict or
me pdbne at 0, nea, ene woak any provision of this section, that expand the rights, duties and
one aa to any ennengeney meaeed person is liable to the operator liabilities provided in common
o, diaeoveeed at o, nea, and, ot the underground tacility law or by other provisions of
work one; for the total cost to repair the this code of an operator who is
(D)(i) To report 5§‘a‘{‘Z§eis“itr?."ir.“a‘fl‘y"2’t§§§q5‘t“e‘ri“iiy 2§5e'§§li‘;§?;L‘§."ai.3$fi‘£"if§.3fZ

immediately to the appropriate the operator, provided tlhat the member of such a system.
medical, lawenforcement and operator;

fire rirevetntion authorities aniy (1) I b fir‘

brea or leak in undergroun s a mem er o e _ _

aortas, or my so, me, onecallsxstemthe §§:g;,;;,§;:;r,i;;:k;;;;*;c°ae
groove or other damage to such areain W ich the damage to the _

acilities, made or int e course facility takes Plaret and . Temlmiary markirgz

ot the excavation or demolition (2) Upon eeeenmg me Provided by operators an

which cieatea an ”emergericY' proper notice in accordance with e’‘““”‘.‘’'5 ‘° '“"“.e‘e ‘he

as derined in subdivision (1), mre errreley has errmmred Wrm appiroximatedlocarion of d k
subsection (c), section two of the provrsrorrs or seerrrm three on ergroun _ aci ities an wor
this artirle- For Purposes of of this article: Provided That 5"? '°°.““de"e5 She“ “Mlle the
this subdivision, an excavator e member re rmr berredrrom tollowing color code per tacility
ralliris the "9ll” emergency , recoverinfg costs solely tor his or We‘

‘e1el’.h°“e numbe‘ Smsfies ‘h‘5 her own ailure to comply with 1) WHITE: Proposed excavation.
requirement; or subdivision (1), subsection (d)

~ » . of said section but shall have (2) l’l.Nl<= Temporary Survey
(ii) To notify the one _ _ t , merkrrr 9

call system, within twentyfour his or her rigbht to recover it a_i'iYt 3‘ '

hours, of any break or leak in determined y common law, it (3) RED: Electric power lines,
underground facilities, or any the conditions of subsection (f) of cables, conduit, and lighting
dent, gouge, groove or other said section are met. cables.

a . was Vlrglmn an ems, lssue2