State Codes and Statutes

State Codes and Statutes

Statutes > North-dakota > T49 > T49c211

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CHAPTER 49-21.1ELECTRIC TRANSMISSION LINES49-21.1-01. Definitions. As used in this chapter:1.&quot;High voltage&quot; means a voltage in excess of six hundred volts between conductors<br>or between any single conductor and the ground.2.&quot;Overhead lines or overhead conductors&quot; means electrical conductors installed<br>above the ground, except conductors deenergized and grounded or enclosed in<br>protective conduit or other metal covering.49-21.1-01.1.Electricity transmission and distribution lines - Differentiation.Except for purposes of transmission facility siting under chapter 49-22 and regulatory accounting<br>including the determination of the demarcation between federal and state jurisdiction over<br>transmission in interstate commerce and local distribution, for purposes of this title and chapter<br>57-33.2, lines designed to operate at a voltage of 41.6 kilovolts or more are transmission lines,<br>and lines designed to operate at a voltage less than 41.6 kilovolts are distribution lines.49-21.1-02. Operations within ten feet prohibited. No person shall store or erect anytools, machinery, equipment, supplies, materials, apparatus, house, or other building, or any part<br>thereof, within ten feet [3.05 meters] of any high voltage overhead conductor.49-21.1-03. Warning sign required on equipment. No person shall operate any crane,derrick, power shovel, drilling rig, hoisting equipment, or similar apparatus, any part of which is<br>capable of lateral or swinging motion, unless there is posted and maintained in plain view of the<br>operator thereof, a durable warning sign legible at twelve feet [3.66 meters] which reads:<br>&quot;Unlawful to operate this equipment within ten feet [3.05 meters] of high voltage lines&quot;. Each<br>day's failure to post or maintain such signs shall constitute a separate violation.49-21.1-03.1. Work near high voltage overhead lines - Safety requirements - Notice- Costs. If any work is performed within six feet [1.83 meters] of any high voltage overhead line,<br>or if mechanical equipment or machinery used near high voltage overhead lines is capable of<br>motion to within ten feet [3.05 meters] of any high voltage overhead line, the person responsible<br>for the work shall notify the operator of the high voltage overhead line of the intent to work near<br>the line. The work may be pursued only after the person and the operator of the line have<br>provided protection for endangered persons by mechanical or insulated barriers, by deenergizing<br>and grounding the line, or by temporary relocation of the line. The person working near the<br>overhead line must pay the operator actual expenses necessary to meet the requirements of this<br>chapter, except that the operator of the line is responsible for the cost if the line was installed<br>closer to an existing fixture or structure than the minimum clearance required by the latest edition<br>of the national electrical safety code, as adopted by the public service commission. The operator<br>of the line need not take the precautions until the person working near the line pays the<br>necessary expenses.Within five business days after payment of those expenses, or asotherwise agreed upon in writing by the person responsible for the work, the operator of the line<br>shall complete the arrangements for protection of endangered persons.49-21.1-04. Penalty. Any person who violates this chapter is subject to a civil penaltynot to exceed one thousand dollars. The civil penalty may be recovered by action prosecuted by<br>the state's attorney of the county where the violation occurred.49-21.1-05. Exceptions. This chapter does not apply to:1.Construction, reconstruction, operation, or maintenance of any high voltage<br>overhead conductor, supporting structure, or appurtenances for the support or<br>operation of a high voltage conductor by persons authorized by the owner or<br>operator.Page No. 12.Work on telecommunications, coaxial, signaling, and other communication circuits or<br>their supporting structures, or other circuits and their supporting structures which are<br>not high voltage.3.The operation or maintenance of railroad equipment or vehicles on fixed rails or<br>railroad right of way.4.Work by any employee of an industrial plant on the electrical system of the plant.5.Work by any employee of an electrical or communications contractor performed<br>under the employer's supervision.6.The operation of highway vehicles, agricultural equipment, or agricultural aircraft<br>which in normal use may incidentally pass within the ten-foot [3.05-meter] clearance<br>limitation.7.Governmental entities responding to an emergency situation.8.Work by any employee of a surface coal mining company in the course of coal<br>mining activities.9.The state and its agencies.Page No. 2Document Outlinechapter 49-21.1 electric transmission lines