Section 4216.4 - [Effective 1/1/2025] Determining exact location of subsurface installations(a)(1) Except as provided in paragraph (2), if an excavation is within the tolerance zone of a subsurface installation, the excavator shall determine the exact location of the subsurface installations in conflict with the excavation using hand tools before using any power-driven excavation or boring equipment within the tolerance zone of the subsurface installations. In all cases the excavator shall use reasonable care to prevent damaging subsurface installations.(2)(A) An excavator may use a vacuum excavation device to expose subsurface installations within the tolerance zone if the excavator has informed the regional notification center of their intent to use a vacuum excavation device when obtaining a ticket and the operator has agreed to the use of a vacuum excavation device. An operator not agreeing to the use of a vacuum excavation device shall include that information on their electronic positive response.(B) An excavator may use power-operated or boring equipment for the removal of any existing pavement only if there is no known subsurface installation contained in the pavement.(C) An excavator may use power-operated or boring equipment, as determined by the board, prior to determining the exact location of subsurface installations. The board shall adopt regulations to implement this paragraph.(3) An excavator shall presume all subsurface installations to be active, and shall use the same care around subsurface installations that may be inactive as the excavator would use around active subsurface installations.(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 operator 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 operator shall provide relevant existing additional information to the excavator within one working day. If the excavator has questions about the markings that an operator has placed, the excavator may contact the notification center to send a request to have the operator contact the excavator directly. The regional notification center shall provide the excavator with the contact telephone number of the subsurface installation operator.(c)(1) An excavator shall immediately call 911 emergency services upon discovering or causing damage to one of the following: (A) A gas or hazardous liquid pipeline subsurface installation in which the damage results in the escape of any flammable, toxic, or corrosive gas or liquid.(B) A high priority subsurface installation of any kind, except that the excavator does not need to call 911 if all of the following conditions are satisfied: (i) The excavator is the operator of the high priority subsurface installation.(ii) The damage was discovered by the operator during operations and maintenance activities.(iii) The damage does not meet the circumstances in subparagraph (A).(2) An excavator shall immediately notify the operator upon 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 protection. In the event of damage to a subsurface excavation described in paragraph (1), the excavator must contact the operator immediately after calling 911 emergency services. The excavator may contact the regional notification center to obtain the contact information of the subsurface installation operator. If the operator is unknown and the damage or discovery of damage occurs outside the working hours of the regional notification center, the excavator may follow the instructions provided by the regional notification center through its internet website or the telephone line recorded message.(3) Except as provided in subparagraph (A), an excavator shall notify the regional notification center within 48 hours of discovering or causing damage to any subsurface installation pursuant to paragraph (2). (A) An excavator does not need to notify the regional notification center of damage discovered by the excavator if all of the following conditions are satisfied: (i) The excavator is the operator of the subsurface installation.(ii) The damage was discovered by the operator during operations and maintenance activities.(iii) The damage does not meet the circumstances in subparagraph (A) of paragraph (1).(B) Nothing in this section preempts or impedes the board's authority to impose more restrictive notification windows.(d) Each excavator, operator, or locator shall communicate with each other and respect the appropriate safety requirements and ongoing activities of the other parties, if known, at an excavation site.Amended by Stats 2024 ch 447 (SB 778),s 4, eff. 1/1/2025.Amended by Stats 2020 ch 307 (SB 865),s 5, eff. 1/1/2021.Amended by Stats 2018 ch 708 (AB 1914),s 1, eff. 1/1/2019.Amended by Stats 2016 ch 809 (SB 661),s 6, eff. 1/1/2017.Amended by Stats 2006 ch 651 (SB 1359),s 4, eff. 1/1/2007.Amended by Stats 2006 ch 263 (AB 463),s 1, eff. 9/14/2006.Amended by Stats 2005 ch 114 (SB 140),s 2, eff. 1/1/2006This section is set out more than once due to postponed, multiple, or conflicting amendments.