New Hampshire Code of Administrative Rules
Puc - Public Utilities Commission
Chapter Puc 800 - UNDERGROUND UTILITY DAMAGE PREVENTION PROGRAM
Part Puc 805 - DUTIES OF AN EXCAVATOR
Section Puc 805.01 - Notification Required Prior to Excavation
Current through Register No. 12, March 21, 2024
(a) No person shall perform an excavation within 100 feet of an underground facility, except in an emergency situation pursuant to Puc 805.03, without first giving notification in accordance with this section.
(b) Excavators shall, pursuant to RSA 374:51 notify the notification center
(c) The excavator's notification, required by (a) above, shall be valid for 30 calendar days from the date and time the notification center confirms the notification.
(d) When an excavator contacts the notification center as described in (a) above, it shall provide the following:
(e) Prior to complying with the notification requirements of RSA 374:51, II and (a) above, an excavator shall, pursuant to RSA 374:51, IV, premark the area of proposed excavation by identifying the perimeter of the proposed site of the excavation.
(f) The excavator shall premark in a way that does not interfere with traffic or pedestrian control and is not misleading to the general public.
(g) An excavator shall not be required to premark any continuous excavation that is over 100 feet in length, or any pole replacement that is within 5 feet of an existing location.
(h) If an excavation for a pole replacement is within 5 feet of an existing location, the excavator shall communicate the perimeter of the excavation to any potentially affected operator, member of the notification center who owns or operates an underground facility, or both, by any one of the following methods:
(i) If an excavation is over 100 feet in length, the excavator shall communicate the perimeter of the excavation to any potentially affected operator, member of the notification center who owns or operates an underground facility, or both, by any 2 of the following methods:
(j) Once an owner or operator of an underground facility has marked the location of its underground facility in the area of an excavation, pursuant to RSA 374:53 and Puc 805.02, the excavator, and any, employee, or agent of the excavator performing work on behalf of the excavator at the site, shall be responsible for maintaining the markings during the excavation.
(k) No person or entity not an employee of the excavator shall excavate on behalf of an excavator as a subcontractor or otherwise without separately complying with the notification requirements of this section, unless the excavator has notified the notification center of the identity of that person or entity as provided in (d)(3) above.
(l) A subcontractor of the excavator or other entity may excavate pursuant to the excavator's notification to the notification center if the subcontractor or entity:
(m) No person shall misuse the intent of the notification center by making a request for marking of an underground facility for other than excavating activities, such as for conducting an engineering design, or without a present intention to excavate at the site subject to the request within 30 days.
#5616, eff 4-20-93, EXPIRED: 4-20-99
New. #7259, INTERIM, eff 5-2-00, EXPIRES: 8-30-00; ss by #7350, eff 8-23-00; ss by #7900, eff 5-29-03; ss by #9318, eff 11-8-08