State Codes and Statutes

Statutes > Ohio > Title37 > Chapter3781 > 3781_28

3781.28 Excavator notifying protection service or pipeline owner.

(A) Except as otherwise provided in divisions (C), (D), (E), and (F) of this section, at least forty-eight hours but not more than ten days before commencing excavation, the excavator shall notify the protection service of the location of the excavation site and the date on which excavation is planned to commence.

(B) On receipt of notice under division (A) of this section, the service shall provide to each utility with underground utility facilities located at the excavation site, notice of the proposed excavation, except that in the case of a limited basis participant in the service, the service shall notify the excavator of the name of each limited basis participant with underground utility facilities located in the municipal corporation or township and county of the proposed excavation site, and the excavator shall notify the limited basis participant of the proposed excavation at least forty-eight hours but not more than ten days before commencing excavation. The excavator may make this notification by telephone.

(C) In the case of an interstate hazardous liquids pipeline or interstate gas pipeline, the excavator shall comply with the special notice requirements of the public safety program of the owner of the pipeline as indicated in the plans or otherwise provided to the excavator in accordance with division (E) or (F)(2) of section 3781.27 of the Revised Code.

(D) If it has been determined pursuant to division (D) of section 3781.27 of the Revised Code that relocation, support, removal, or protective steps are necessary, the excavator shall provide earlier notice to the utility in order to provide the utility with reasonable time to coordinate making the adjustments with actual excavation.

(E) If an excavation will cover a large area and will progress from one area to the next over a period of time, the excavator shall provide notice of excavation for segments of the excavation as the excavation progresses in order to coordinate the marking of approximate locations with actual excavation.

(F)(1) In the case of a utility that is making an emergency repair to its own underground utility system or a governmental entity making an underground emergency repair to traffic control devices, as defined in section 4511.01 of the Revised Code, used on any street or highway under the entity’s jurisdiction, the utility or governmental entity shall notify the protection service and each limited basis participant of the excavation site. This notice need not occur before commencing excavation.

(2) In the case of an excavation at the site of real property of the type described in divisions (C)(1) to (4) of section 3781.25 of the Revised Code:

(a) If the owner of the property is the excavator, this section does not apply unless the excavation is planned for an area where a utility easement is located or a public right-of-way;

(b) If the owner of the property employs an excavator, the excavator shall comply with the requirements of this section. If the owner did not employ a designer to make written plans, the excavator shall provide the notice required under this section to the protection service and to each utility that is a limited basis participant in the protection service that has underground utility facilities within the municipal corporation or township and county of the excavation site, as indicated by the protection service.

Effective Date: 07-02-1990

State Codes and Statutes

Statutes > Ohio > Title37 > Chapter3781 > 3781_28

3781.28 Excavator notifying protection service or pipeline owner.

(A) Except as otherwise provided in divisions (C), (D), (E), and (F) of this section, at least forty-eight hours but not more than ten days before commencing excavation, the excavator shall notify the protection service of the location of the excavation site and the date on which excavation is planned to commence.

(B) On receipt of notice under division (A) of this section, the service shall provide to each utility with underground utility facilities located at the excavation site, notice of the proposed excavation, except that in the case of a limited basis participant in the service, the service shall notify the excavator of the name of each limited basis participant with underground utility facilities located in the municipal corporation or township and county of the proposed excavation site, and the excavator shall notify the limited basis participant of the proposed excavation at least forty-eight hours but not more than ten days before commencing excavation. The excavator may make this notification by telephone.

(C) In the case of an interstate hazardous liquids pipeline or interstate gas pipeline, the excavator shall comply with the special notice requirements of the public safety program of the owner of the pipeline as indicated in the plans or otherwise provided to the excavator in accordance with division (E) or (F)(2) of section 3781.27 of the Revised Code.

(D) If it has been determined pursuant to division (D) of section 3781.27 of the Revised Code that relocation, support, removal, or protective steps are necessary, the excavator shall provide earlier notice to the utility in order to provide the utility with reasonable time to coordinate making the adjustments with actual excavation.

(E) If an excavation will cover a large area and will progress from one area to the next over a period of time, the excavator shall provide notice of excavation for segments of the excavation as the excavation progresses in order to coordinate the marking of approximate locations with actual excavation.

(F)(1) In the case of a utility that is making an emergency repair to its own underground utility system or a governmental entity making an underground emergency repair to traffic control devices, as defined in section 4511.01 of the Revised Code, used on any street or highway under the entity’s jurisdiction, the utility or governmental entity shall notify the protection service and each limited basis participant of the excavation site. This notice need not occur before commencing excavation.

(2) In the case of an excavation at the site of real property of the type described in divisions (C)(1) to (4) of section 3781.25 of the Revised Code:

(a) If the owner of the property is the excavator, this section does not apply unless the excavation is planned for an area where a utility easement is located or a public right-of-way;

(b) If the owner of the property employs an excavator, the excavator shall comply with the requirements of this section. If the owner did not employ a designer to make written plans, the excavator shall provide the notice required under this section to the protection service and to each utility that is a limited basis participant in the protection service that has underground utility facilities within the municipal corporation or township and county of the excavation site, as indicated by the protection service.

Effective Date: 07-02-1990


State Codes and Statutes

State Codes and Statutes

Statutes > Ohio > Title37 > Chapter3781 > 3781_28

3781.28 Excavator notifying protection service or pipeline owner.

(A) Except as otherwise provided in divisions (C), (D), (E), and (F) of this section, at least forty-eight hours but not more than ten days before commencing excavation, the excavator shall notify the protection service of the location of the excavation site and the date on which excavation is planned to commence.

(B) On receipt of notice under division (A) of this section, the service shall provide to each utility with underground utility facilities located at the excavation site, notice of the proposed excavation, except that in the case of a limited basis participant in the service, the service shall notify the excavator of the name of each limited basis participant with underground utility facilities located in the municipal corporation or township and county of the proposed excavation site, and the excavator shall notify the limited basis participant of the proposed excavation at least forty-eight hours but not more than ten days before commencing excavation. The excavator may make this notification by telephone.

(C) In the case of an interstate hazardous liquids pipeline or interstate gas pipeline, the excavator shall comply with the special notice requirements of the public safety program of the owner of the pipeline as indicated in the plans or otherwise provided to the excavator in accordance with division (E) or (F)(2) of section 3781.27 of the Revised Code.

(D) If it has been determined pursuant to division (D) of section 3781.27 of the Revised Code that relocation, support, removal, or protective steps are necessary, the excavator shall provide earlier notice to the utility in order to provide the utility with reasonable time to coordinate making the adjustments with actual excavation.

(E) If an excavation will cover a large area and will progress from one area to the next over a period of time, the excavator shall provide notice of excavation for segments of the excavation as the excavation progresses in order to coordinate the marking of approximate locations with actual excavation.

(F)(1) In the case of a utility that is making an emergency repair to its own underground utility system or a governmental entity making an underground emergency repair to traffic control devices, as defined in section 4511.01 of the Revised Code, used on any street or highway under the entity’s jurisdiction, the utility or governmental entity shall notify the protection service and each limited basis participant of the excavation site. This notice need not occur before commencing excavation.

(2) In the case of an excavation at the site of real property of the type described in divisions (C)(1) to (4) of section 3781.25 of the Revised Code:

(a) If the owner of the property is the excavator, this section does not apply unless the excavation is planned for an area where a utility easement is located or a public right-of-way;

(b) If the owner of the property employs an excavator, the excavator shall comply with the requirements of this section. If the owner did not employ a designer to make written plans, the excavator shall provide the notice required under this section to the protection service and to each utility that is a limited basis participant in the protection service that has underground utility facilities within the municipal corporation or township and county of the excavation site, as indicated by the protection service.

Effective Date: 07-02-1990