(a) An excavator may use equipment other than hand tools within the tolerance zone of a subsurface installation for the purpose of determining the exact location of the subsurface installation if all of the following conditions are satisfied: (1) The operator has responded to the excavator with a locate and field mark as provided in Government Code section 4216.3, subdivision (a)(1)(A)(i).(2) The equipment conforms to the requirements as specified in subdivision (b) and has not been modified to function outside those requirements.(3) The field mark does not indicate a subsurface installation type classified under the orange category of the "Guidelines for Operator Facility Field Delineation" in Appendix B of the most recent version of the Best Practices Guide of the Common Ground Alliance and in conformance with the uniform color code of the American Public Works Association.(4) The field mark as identified using abbreviations in the "Guidelines for Operator Facility Field Delineation" in Appendix B of the most recent version of the Best Practices Guide of the Common Ground Alliance does not indicate street lighting or traffic signal.(5) The excavator has classified the soil within the tolerance zone as Type A or Type B, as provided in Appendix A of Section of Title 81541.1 of Title 8.(b) An excavator may use equipment other than hand tools within the tolerance zone of a subsurface installation for the purpose of determining the exact location of a subsurface installation consistent with the requirements of subdivision (a) if the equipment and the equipment's manner of use conform to the following requirements: (1) Equipment configuration and specifications:(A) The tool shall be a handheld percussive pneumatic, electric, or hydraulic hammer that drives a bit.(B) The tool weight without accessory shall not exceed 40 lbs.(C) The bit used shall be no less than 4 inches wide, have a rounded edge, and present no sharp surfaces.(2) Manner of equipment use: (A) The equipment must be used according to the manufacturer's instructions.(B) The bit edge shall be placed parallel, not perpendicular, to the orientation of the subsurface installation as indicated by the field mark.(c) An excavator shall request consultation with the operator of the subsurface installation to determine how to safely proceed if the use of hand tools, or equipment other than hand tools as permitted in this section, is not a safe and effective means of determining the exact location of the subsurface installation. The operator of the subsurface installation shall respond to such a request within two working days not including the date the operator received the request and shall discuss with the excavator how the excavator can safely and effectively proceed. An excavator may use equipment other than as permitted in subdivisions (a) and (b), if the excavator and operator agree in writing upon the equipment to be used and the manner in which it will be used.(d) This section shall not apply to the use of a vacuum excavation device, which is determined by Government Code 4216.4, subdivision (a)(2)(A).Cal. Code Regs. Tit. 19, § 4501
1. New section filed 9-18-2020; operative 9-18-2020 pursuant to Government Code section 11343.4(b)(3) (Register 2020, No. 38). Note: Authority cited: Sections 4216.4, 4216.12, 4216.18 and 4216.22, Government Code. Reference: Sections 4216.2, 4216.4, 4216.10, 4216.12 and 4216.18, Government Code.
1. New section filed 9-18-2020; operative 9/18/2020 pursuant to Government Code section 11343.4(b)(3) (Register 2020, No. 38).