A. When any person desires to carry on any work in closer proximity to anyoverhead high voltage line than permitted by this chapter, the personresponsible for the work shall promptly notify the owner or operator of thehigh voltage line on a working day, or in emergency situations as soon aspossible under the circumstances, in the manner prescribed in § 59.1-411. Thework shall be performed only after satisfactory mutual arrangements have beennegotiated between the owner or the operator of the lines or both and theperson responsible for the work. The negotiations shall proceed promptly andin good faith with the goal of accommodating the requested work consistentwith the owner's or operator's service needs and the duty to protect thepublic from the danger of overhead high voltage lines. The owner or operatorof the lines shall initiate the agreed upon safety arrangements within fiveworking days from the date of the request of the person responsible for thework. The owner and operator of the lines shall complete the work promptlyand without interruption, consistent with the owner's or operator's serviceneeds. Arrangements may include (i) placement of temporary mechanicalbarriers separating and preventing contact between material, equipment, orpersons and overhead high voltage lines, (ii) temporary de-energization andgrounding, (iii) temporary relocation or raising of the lines, or (iv) othersuch measures found to be appropriate in the judgment of the owner oroperator of the lines. The person responsible for the work shall ensure thatthe temporary safety arrangements described in this subsection are completedprior to the commencement of any such work.
B. The actual expense incurred by any owner or operator of overhead highvoltage lines in taking precautionary measures as set out in subsection A ofthis section, including the wages of its workers involved in making safetyarrangements, shall be paid by the person responsible for the work or aperson subject to the following exceptions:
1. In the case of property used for residential purposes, such actualexpenses shall be limited to those in excess of $1,000;
2. Whenever any owner or operator of an overhead high voltage line haslocated its facilities within a public highway or street right-of-way and thework is performed by or for the Department of Transportation or a city,county or town, the actual expenses shall be the responsibility of the owneror operator of the overhead high voltage lines, unless the owner or operatorcan provide evidence of prior rights or there is a prior written agreementspecifying cost responsibility; and
3. Whenever it is determined by the Department of Transportation or a city,county or town that the temporary safety arrangements are for the soleconvenience of its contractor, the actual expense shall be the responsibilityof the contractor.
C. When requested by a person, an owner or operator of a high voltage lineshall provide within a reasonable period of time an estimate of the scope andcost of any required safety arrangements.
(1989, c. 341; 1993, c. 284; 1995, c. 298; 1996, c. 267; 2003, c. 364.)
A. When any person desires to carry on any work in closer proximity to anyoverhead high voltage line than permitted by this chapter, the personresponsible for the work shall promptly notify the owner or operator of thehigh voltage line on a working day, or in emergency situations as soon aspossible under the circumstances, in the manner prescribed in § 59.1-411. Thework shall be performed only after satisfactory mutual arrangements have beennegotiated between the owner or the operator of the lines or both and theperson responsible for the work. The negotiations shall proceed promptly andin good faith with the goal of accommodating the requested work consistentwith the owner's or operator's service needs and the duty to protect thepublic from the danger of overhead high voltage lines. The owner or operatorof the lines shall initiate the agreed upon safety arrangements within fiveworking days from the date of the request of the person responsible for thework. The owner and operator of the lines shall complete the work promptlyand without interruption, consistent with the owner's or operator's serviceneeds. Arrangements may include (i) placement of temporary mechanicalbarriers separating and preventing contact between material, equipment, orpersons and overhead high voltage lines, (ii) temporary de-energization andgrounding, (iii) temporary relocation or raising of the lines, or (iv) othersuch measures found to be appropriate in the judgment of the owner oroperator of the lines. The person responsible for the work shall ensure thatthe temporary safety arrangements described in this subsection are completedprior to the commencement of any such work.
B. The actual expense incurred by any owner or operator of overhead highvoltage lines in taking precautionary measures as set out in subsection A ofthis section, including the wages of its workers involved in making safetyarrangements, shall be paid by the person responsible for the work or aperson subject to the following exceptions:
1. In the case of property used for residential purposes, such actualexpenses shall be limited to those in excess of $1,000;
2. Whenever any owner or operator of an overhead high voltage line haslocated its facilities within a public highway or street right-of-way and thework is performed by or for the Department of Transportation or a city,county or town, the actual expenses shall be the responsibility of the owneror operator of the overhead high voltage lines, unless the owner or operatorcan provide evidence of prior rights or there is a prior written agreementspecifying cost responsibility; and
3. Whenever it is determined by the Department of Transportation or a city,county or town that the temporary safety arrangements are for the soleconvenience of its contractor, the actual expense shall be the responsibilityof the contractor.
C. When requested by a person, an owner or operator of a high voltage lineshall provide within a reasonable period of time an estimate of the scope andcost of any required safety arrangements.
(1989, c. 341; 1993, c. 284; 1995, c. 298; 1996, c. 267; 2003, c. 364.)
A. When any person desires to carry on any work in closer proximity to anyoverhead high voltage line than permitted by this chapter, the personresponsible for the work shall promptly notify the owner or operator of thehigh voltage line on a working day, or in emergency situations as soon aspossible under the circumstances, in the manner prescribed in § 59.1-411. Thework shall be performed only after satisfactory mutual arrangements have beennegotiated between the owner or the operator of the lines or both and theperson responsible for the work. The negotiations shall proceed promptly andin good faith with the goal of accommodating the requested work consistentwith the owner's or operator's service needs and the duty to protect thepublic from the danger of overhead high voltage lines. The owner or operatorof the lines shall initiate the agreed upon safety arrangements within fiveworking days from the date of the request of the person responsible for thework. The owner and operator of the lines shall complete the work promptlyand without interruption, consistent with the owner's or operator's serviceneeds. Arrangements may include (i) placement of temporary mechanicalbarriers separating and preventing contact between material, equipment, orpersons and overhead high voltage lines, (ii) temporary de-energization andgrounding, (iii) temporary relocation or raising of the lines, or (iv) othersuch measures found to be appropriate in the judgment of the owner oroperator of the lines. The person responsible for the work shall ensure thatthe temporary safety arrangements described in this subsection are completedprior to the commencement of any such work.
B. The actual expense incurred by any owner or operator of overhead highvoltage lines in taking precautionary measures as set out in subsection A ofthis section, including the wages of its workers involved in making safetyarrangements, shall be paid by the person responsible for the work or aperson subject to the following exceptions:
1. In the case of property used for residential purposes, such actualexpenses shall be limited to those in excess of $1,000;
2. Whenever any owner or operator of an overhead high voltage line haslocated its facilities within a public highway or street right-of-way and thework is performed by or for the Department of Transportation or a city,county or town, the actual expenses shall be the responsibility of the owneror operator of the overhead high voltage lines, unless the owner or operatorcan provide evidence of prior rights or there is a prior written agreementspecifying cost responsibility; and
3. Whenever it is determined by the Department of Transportation or a city,county or town that the temporary safety arrangements are for the soleconvenience of its contractor, the actual expense shall be the responsibilityof the contractor.
C. When requested by a person, an owner or operator of a high voltage lineshall provide within a reasonable period of time an estimate of the scope andcost of any required safety arrangements.
(1989, c. 341; 1993, c. 284; 1995, c. 298; 1996, c. 267; 2003, c. 364.)
