Sec. 26-433. - Underground utility damage prevention program.
(a) Scope. This section is adopted pursuant to 49 CFR 192.614, Notification of Excavation or Demolition, Chapter 15. Section 37-15-1 to 37-15-11 Code of Alabama 1975 as amended and hereinafter referred to as "Alabama 811 or One Call Notification Systems" is hereby adopted and any terms and conditions of the provisions hereinafter set forth which conflict with the terms and conditions of Code of Alabama 1975, §§ 37-15-1 to 37-15-11, are hereby amended to comply with the provisions of Code of Alabama 1975, §§ 37-15-1 to 37-15-11, as last amended. All operators of buried natural gas pipelines and distributors are required to adopt a written program to prevent damage to natural gas lines due to excavation and to adopt rules and regulations to prevent damage to all underground utilities owned and operated by the city and to provide for a one-call service for the location of all utilities.
(b) Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:
Damage means the substantial weakening of structural support of an underground utility, penetration or destruction of any protective coating, housing or other protective device of an underground utility, and the partial or complete severance of an underground utility.
Demolish or demolition means any operation by which a structure or mass of material is wrecked, razed, rendered, moved or removed by means of any tools, equipment, or discharge of explosives.
Excavate or excavation means an operation for the purpose of the movement or removal of earth, rock or other materials in or on the ground by use of mechanized equipment or by discharge of explosives, and including augering, backfilling, boring, digging, ditching, drilling, grading, plowing-in, pulling-in, ripping, scraping, trenching and tunneling.
Mechanized equipment means equipment operated by means of mechanical power, including trenchers, bulldozers, power shovels, augers, backhoes, scrapers, drills, cable and pipe plows and other equipment used for plowing-in or pulling-in cable or pipe.
Operator means any person who owns or operates a utility.
Person means any individual, any corporation, partnership, association or any other entity organized under the laws of any state; any subdivision or instrumentality of a state; and any employee, agent or legal representative of a state.
Utility means any line, pipeline, system or facility used for producing, storing, conveying, transmitting or distributing electricity, natural gas, water or other utilities, which facilities are operated by the city.
Working day means every day.
(c) Excavation and demolition permits. A permit issued pursuant to law authorizing excavation or demolition operations shall not be deemed to relieve a person from the responsibility for complying with the provisions of this section.
(d) Purpose. The purpose of this section is to establish a system to provide timely and expeditious notification to the operators of the city's utilities by excavators of their intent to dig, bore, blast or otherwise disturb the surface of the earth in such a manner that may cause damage to underground facilities or create a hazard or interruption of service to the general public. All persons therefore who need to excavate or work with the earth in such a manner as to contact or cause possible damage to subsurface utilities are encouraged to utilize the notification procedures set forth in subsection (g) of this section.
(e) Notice of intent to excavate or demolish.
(1) Before commencing any excavation or demolition operation designated in subsection (d) of this section, each person responsible for such excavation or demolition shall serve telephonic or electronic notice of intent to excavate or demolish prior to the time of excavation or demolition. Notification of excavation for the location of utilities shall be made to Alabama 811.
(2) Prior notice of requirements is not required of persons responsible for emergency excavation or demolition to ameliorate an imminent danger to life, health or property provided such persons give, as soon as practicable, oral notice of the emergency excavation or demolition to Alabama 811 and requests emergency assistance from each operator so identified in locating and providing immediate protection to underground utilities. An imminent danger to life, health or property exists whenever there is a substantial likelihood that loss of life, health or property will result before the procedures under this section can be fully complied with.
(3) The telephonic or electronic notice required by subsection (e)(1) of this section must contain the name, address, and telephone number of the person filing the notice of intent and, if different, the person responsible for the excavation or demolition, the starting date, anticipated duration, and type of excavation or demolition operation to be conducted, the location of the proposed excavation or demolition, and whether or not explosives are to be used.
(4) Each excavation request shall be made to and taken by Alabama 811, in accordance with subsection (e)(1), (2) and (3) of this section.
(f) Temporary marking.
(1) Utility locate personnel or contractors shall use a bright yellow paint, which is the national standard color for gas, when marking their utility facilities. Other utilities shall use the national standard color in the marking of their facilities. The markings shall be placed directly or as close as possible over the utility facilities. For purposes of this section, the term "as close as possible over the utility facilities" is defined as a strip of land at least three feet wide but not wider than the width of the utility plus 1½ feet on either side of the utility.
(2) Provisions will be made for temporary marking of buried utilities in the area of excavation activity before, as far as practical, the activity begins.
(g) Inspections.
(1) Where there is reason to believe utility facilities close to the excavation activity may be damaged, they shall be inspected as frequently as necessary to verify the integrity of the facility.
(2) If blasting occurs, any inspection must include leakage or breakage surveys immediately after and periodically to determine that no damage due to blasting has occurred to the facilities.
(h) Precautions to avoid damage. In addition to the notification requirements of subsection (e) of this section, each person responsible for any excavation or demolition operation designated in subsection (d) of this section shall:
(1) Plan the excavation or demolition to avoid damage to or minimize interference with the underground utility in and near the construction area;
(2) Maintain a clearance between the underground utility and the cutting edge or point of any mechanized equipment, taking into account the known limit of control of such cutting edge or point, as may be reasonably necessary to avoid damage to such utility; and
(3) Provide such support for underground utility in and near the construction area, including during backfill operations, as may be reasonably necessary for the protection of such utility.
(i) Excavation or demolition damage.
(1) Except as provided by subsection (i)(2) of this section, each person responsible for any excavation or demolition operation designated in subsection (d) of this section, that results in any damage to the underground utility shall, immediately upon discovery of such damage, notify the operator of such utility of the location and nature of the damage and shall allow the operator reasonable time to accomplish necessary repairs before completing the excavation or demolition in the immediate area of such utility.
(2) Each person responsible for any excavation or demolition operations designed in subsection (d) of this section, that results in damage to the underground utility shall, immediately upon discovery of such damage, notify the operator, police and fire departments, and take any other action as may be reasonably necessary, to protect persons and property and to minimize the hazards until arrival of the operator's personnel or police and fire departments. The person responsible for such damage shall pay to the utility all costs associated with the repair and loss of utility for such damage.
(j) Locations. This section shall encompass all locations served by all utilities of the city.
(Ord. No. 83-206, § 17-62, 6-9-1983; Ord. No. 15-909, 12-17-2015)
