DUTIES AND REQUIREMENTS (10-21-040 et seq)

Municipal Code of Chicago tit. 10, ch. 10-21, art. II

in effect

Municipal Code of Chicago § 10-21-040 Membership in 811 Chicago.

10-21-040 Membership in 811 Chicago. (a) Every person that owns or operates an underground facility located in the City of Chicago must become a member of 811 Chicago by January 1, 2017. The person shall register with 811 Chicago on-line, providing such information as the Commissioner may require, which will include at least the person's name, and the name, title, address, telephone number, and email of the person's representative designated to receive the notice of intent to engage in excavation or demolition required by Section 10-21-050. Additional system requirements may be imposed by the Commissioner for proper interface with the 811 Chicago system. (b) If an underground facility becomes subject to this chapter on a date after January 1, 2017, or, if a person acquires an underground facility after January 1, 2017, the person who owns or operates that facility shall become a member of 811 Chicago and provide the information required under subsection 10-21-040(a) within 30 days after that date. (c) A person owning or operating an underground facility subject to this chapter shall: (1) provide a map of the underground facility in the electronic format required by CDOT. Any changes shall be reported to 811 Chicago within 30 days after the change; and, (2) after receiving a notice of an unmarked, mismarked, or an incompletely marked facility, review and update any and all facility maps to ensure that the maps are complete and accurate. (d) Property owners who own underground facilities solely by virtue of owning the property where the facilities are located are exempt from membership in 811 Chicago. (Added Coun. J. 11-16-16, p. 37901, Art. VI, § 3; Amend Coun. J. 9-14-21, p. 35804, § 1)

Municipal Code of Chicago § 10-21-045 Industry standards to be followed.

10-21-045 Industry standards to be followed. In addition to federal, state, and City requirements, every person who engages in excavation or demolition shall adhere to rules issued by the Commissioner as well as to any practices adopted in those rules. (Added Coun. J. 9-14-21, p. 35804, § 1)

Municipal Code of Chicago § 10-21-050 Excavation and demolition requirements.

10-21-050 Excavation and demolition requirements. (a) Every person who engages in non-emergency excavation or demolition shall: (1) Take reasonable steps to learn the location of any underground facilities in and near the area where the excavation or demolition will be conducted. (2) Plan the excavation or demolition in a manner designed to avoid or minimize interference with underground facilities by utilizing precautions including, but not limited to, hand or vacuum excavation methods, and visual inspection of the excavation while in progress until clear of the existing marked facility. (3) If needed, physically outline the dig site. (4) Contact 811 Chicago to request a dig ticket not less than two business days, but no more than 10 calendar days, in advance of the start of the excavation or demolition. At a minimum, this request shall provide: (A) the name, address, and phone number of the person engaging in excavation or demolition, and, if available, that person's e-mail address; (B) the start date and time of the planned excavation or demolition; (C) a description of the dig site, including the address and any other descriptive features of the site at which the excavation or demolition will take place; and (D) the type and extent of the work involved. After making the request, the person undertaking the excavation or demolition will receive from 811 Chicago a valid dig ticket and dig number to be associated with any required permits. Each separate entity involved in an excavation or demolition shall acquire its own dig numbers; a dig number acquired by a primary contractor shall not cover work performed by a subcontractor. It shall be a violation of this subsection (a) for the person undertaking the excavation or demolition to request markings at the same location without having begun excavation or demolition within the 10-day period after initial marking as indicated in the original notice through 811 Chicago. (5) Limit the excavation or demolition to the specific locations, dates, and times contained in the valid dig ticket received from 811 Chicago, and not begin until after: (A) a dig request has been submitted; (B) the submitter has received from 811 Chicago a dig number, a valid dig ticket, and the date(s) and times when the excavation may take place; and (C) the approximate location of underground facilities has been marked or within two business days of receipt of the items listed in subsection (a)(5)(B), or by the requested date and time indicated on the notice, whichever is later. (6) If, after proper notification through 811 Chicago and arrival at the site of the proposed excavation or demolition, the person engaged in the excavation or demolition observes clear evidence of the presence of an unmarked, mismarked, or incompletely marked underground facility in the area of the proposed excavation or demolition, the person engaged in the excavation or demolition shall cease the excavation or demolition until either the underground facility has been marked or two hours after an additional call is made to 811 Chicago, whichever is sooner. A person who calls 811 Chicago under this subsection shall specify which underground facilities are marked, mismarked, or unmarked. (7) Exercise due care at all times to avoid damaging underground facilities. (8) During and following the excavation or demolition, provide such support for existing underground facilities in and near the excavation or demolition area as necessary for the protection of such facilities, unless otherwise approved by the persons who own or operate the underground facilities. (9) Backfill all excavations in such manner and with such materials as specified by the CDOT rules for the protection of existing underground facilities in and near the excavation or demolition area. (10) Between 20 and 26 days after a request for either a dig ticket or a dig ticket extension, request an extension when the excavation or demolition project will continue beyond the time limited by the dig ticket or its most recent extension, or, where applicable, upon expiration of the applicable public way permit, whichever is sooner. Extensions may only be requested at locations where excavation or demolition work has begun and activity is ongoing. (11) Provide an additional notice through 811 Chicago requesting re-marking of the areas where excavation or demolition is to continue when confounding factors, including, but not limited to, weather, construction activity, and vandalism at the excavation or demolition site, cause underground facility markings to become faded or indistinguishable. (b) Notice and response for emergency excavation or emergency demolition. (1) Every person who engages in emergency excavation or emergency demolition shall take all reasonable precautions to avoid or minimize interference between the work and existing underground facilities in and near the excavation or demolition area, and shall notify through 811 Chicago, as far in advance as possible, the persons who own or operate such underground facilities. The emergency locate request required under this section shall include the information set out in subsection 10-21-050(a)(4). After providing this notice, the person undertaking the excavation or demolition will receive from 811 Chicago an emergency dig number. (2) Any person who owns or operates an underground facility in or near an emergency excavation or emergency demolition area shall either: (A) advise the person performing the excavation or demolition that the underground facility is not affected; or (B) mark the approximate location of the underground facility within two hours or the time specified by 811 Chicago, whichever is longer. (3) The advisement required under subsection 10-21-050(b)(2)(A) may be provided in person, by phone, phone message, or email. The person who owns or operates the underground facility shall be deemed to have discharged this notice obligation if the person attempts to provide notice by telephone, but is unable to do so because the person engaged in the emergency excavation or emergency demolition does not answer, and does not have an answering machine or answering service to receive the telephone call. If the person who owns or operates the underground facility attempts to provide notice by telephone but receives a busy signal, that attempt shall not discharge this notice obligation. (4) Emergency excavation or emergency demolition shall not begin until after the approximate location of underground facilities has been marked or more than two hours have gone by since notifying 811 Chicago of the emergency. If the conditions at the site dictate an earlier start than the required wait time, the person engaging in the excavation or demolition will have the burden of establishing that site conditions warranted the earlier start time. (5) For purposes of this section, the following shall constitute an emergency: (A) the reinstallation of traffic control devices; and (B) an open cut underground facility locate, meaning that excavation needs to occur to find the facility. (6) In no event may an emergency excavation or emergency demolition project continue for more than five days. If the person undertaking the project is aware from the outset that the project will take more than five days, then the person shall proceed under subsection 10-21-050(a). If, for unforeseen reasons, a project proceeding under this subsection 10-21-050(b) is not completed within five days, the person engaged in the excavation or demolition must cease work and acquire a non-emergency dig number through the process provided in subsection 10-21-050(a), as well as all necessary permits. To avoid the requirement to cease work, the person engaged in the excavation or demolition may acquire a non-emergency dig number at any time before the expiration of the five-day emergency project period. (7) It shall be a violation of this section to make an emergency locate request in the absence of an emergency. (c) Nothing in this section prohibits the use of any method of excavation if conducted in a manner that would avoid interference with underground facilities. (Added Coun. J. 11-16-16, p. 37901, Art. VI, § 3; Amend Coun. J. 9-14-21, p. 35804, § 1; Amend Coun. J. 12-20-25, p. 39283, Art. I, § 2)

Municipal Code of Chicago § 10-21-060 Facility marking requirements.

10-21-060 Facility marking requirements. (a) (1) Once 811 Chicago notifies an owner or operator of an underground facility of a planned excavation or demolition, the persons who own or operate underground facilities in or near the excavation or demolition area, or any underground location service retained for the task, shall retain a written or digital record of the notice, and shall mark, by the requested date and time indicated on the notice, the approximate location of such underground facility. A mismarked facility shall be a violation of this requirement. (2) Beginning January 1, 2027, any owner or operator of an underground facility that receives notice of a planned excavation or demolition from 811 Chicago shall respond electronically to the ticket owner via 811 Chicago no later than the requested date and time using the appropriate status code unless an issue beyond reasonable control prevents the owner or operator from responding. Failure to respond with the appropriate status shall be considered a violation of this section. (b) Persons who own and operate underground sewer facilities, or underground location services retained by such persons, shall respond and mark the approximate location of those underground sewer facilities when the person engaged in the excavation or demolition indicates in the notice required in subsection 10-21-050(a)(4) or 10-21-050(b)(l) that the excavation or demolition project will exceed a depth of seven feet. Persons who own and operate underground sewer facilities shall be required at all times to mark the approximate location of those sewer facilities when directional boring is the indicated type of excavation work being performed within the notice, or the excavation indicated will occur in the immediate proximity of known underground sewer facilities that are less than seven feet deep. A person who owns and operates underground sewer facilities shall not hold a person engaged in the excavation or demolition liable for damages that occur to sewer facilities that were not required to be marked under this section, provided that the person responsible for the excavation or demolition operations that damage the sewer facility makes prompt notice of the damage to 811 Chicago and to the persons owing or operating the utility, as required in Section 10-21-080. The requirements of this subsection 10-21-060(b) shall not require property owners who own underground facilities solely by virtue of owning the property where the facilities are located to mark privately owned underground facilities on their property. (c) If a person who owns or operates an underground facility receives a notice under this section but does not own or operate any underground facilities within the proposed excavation or demolition area described in the notice, that person, within two business days after receipt of the notice or by the requested date and time indicated on the notice, whichever is later, shall so notify 811 Chicago. Notice to 811 Chicago from a facility owner that it does not own facilities at the site of the proposed excavation or demolition shall count as a marked facility. (d) If a person who has complied with Section 10-21-050(a) arrives at the site of the proposed excavation or demolition and observes clear evidence of the presence of an unmarked, mismarked, or an incompletely marked underground facility in the area of the proposed excavation or demolition, and has to make an additional call to 811 Chicago for the marking of the underground facility, then the person who owns or operates the underground facility shall respond within two hours after 811 Chicago contacts the owner or operator that the person engaged in the excavation or demolition had to make the additional call to 811 Chicago. (e) Persons who own and operate underground facilities shall provide 811 Chicago with maps which accurately reflect the location of those facilities. (f) Persons who own or operate affected underground facilities shall respond to a notice to re-mark within the time provided by and otherwise according to this section. (g) For the purposes of this chapter, underground facility operators and underground location services may utilize a combination of flags, stakes, and paint when dig site and seasonal conditions warrant. If the approximate location of an underground facility is marked with flags, stakes, paint or other physical means, the following color coding shall be employed: Underground Facility | Identification Color Underground Facility | Identification Color Facility Owner or Agent Use Only Electric Power, Distribution and Transmission | Safety Red Municipal Electric Systems | Safety Red Gas Distribution and Transmission | High Visibility Safety Yellow Oil Distribution and Transmission | High Visibility Safety Yellow Steam Lines | High Visibility Safety Yellow Telecommunications Systems | Safety Alert Orange OEMC, Police, and Fire Communication Systems | Safety Alert Orange Water Systems | Safety Precaution Blue Sewer Systems | Safety Green Non-potable Water and Slurry Lines | Safety Purple Excavator Use Only Temporary Survey | Safety Pink Proposed Excavation | Safety White (Black when snow is on the ground) (Added Coun. J. 11-16-16, p. 37901, Art. VI, § 3; Amend Coun. J. 9-14-21, p. 35804, § 1; Amend Coun. J. 12-20-25, p. 39283, Art. I, § 3)

Municipal Code of Chicago § 10-21-065 Joint meet.

10-21-065 Joint meet. (a) A joint meet notification shall include the following information: (1) the name, address, phone number of the person undertaking the excavation or demolition (for purposes of this section, the “digger”) at which the digger can be reached, and, if available, a fax number and email address; (2) the place or places where the work will be performed; (3) street names involved in the project or the north, south, east, and west boundaries of the project or the section number or numbers involved in the project; (4) the date, time, and location where the joint meet will take place, which shall be near the project site; and (5) a minimum advance notice of the joint meet of two days, but no more than 60 days prior to the planned start of excavation or demolition. (b) Upon the receipt of a joint meet notification, an underground facility owner or operator shall attend the joint meet, either in person or remotely, at the specified time and location or inform the digger that it has no underground facilities at the location. If there is a conflict between joint meet notifications, a digger that provided a joint meet notification may receive a communication from an underground facility owner or operator requesting an alternate meeting time or date. (c) The scope of the project shall be defined at the joint meet and specific project details, including, but not limited to, the number of phases, and the number of excavation crews working for the contractor or subcontractors, to the extent that the information can be determined. (d) A failure to participate in a joint meet is a violation of this Section 10-21-065. (e) Joint meet requestors are still required a dig ticket in accordance with Section 10-21-050 prior to excavation. (Added Coun. J. 12-20-25, p. 39283, Art. I, § 4)

Municipal Code of Chicago § 10-21-070 Third-party violations.

10-21-070 Third-party violations. It shall constitute a violation of this chapter for any person who is neither an agent, employee, or authorized locating contractor of the person who owns or operates an underground facility, nor a person engaged in the excavation or demolition activity, to remove, alter, or otherwise damage markings, flags, or stakes used to mark the location of an underground facility. (Added Coun. J. 11-16-16, p. 37901, Art. VI, § 3)

Municipal Code of Chicago § 10-21-080 Damage to underground facilities.

10-21-080 Damage to underground facilities. (a) In the event of damage to any underground facilities, the person responsible for the damage shall immediately notify the affected underground facility owner or operator and 811 Chicago, and cease the activity which caused the damage if the damaged facility is a threat to life or property, or if otherwise required by law. The person responsible for the damage shall not attempt to repair, clamp, or constrict the damaged underground facility unless under the supervision of the person who owns or operates the underground facility. The underground facility owner or operator may not require the person responsible for the damage to attempt to repair, clamp, or constrict a damaged underground facility. In the event that damage to an underground facility results in the escape of any flammable, toxic, or corrosive gas or liquid, the person responsible for the excavation or demolition shall call 9-1-1 and notify authorities of the damage. The person who owns and operates underground facilities that are damaged and the person engaged in damaging activity shall work in a cooperative and expeditious manner to repair the affected underground facility. (b) An underground facility owner or operator shall immediately report known damage of an underground facility to 811 Chicago, regardless of the source of the information of the damage. (Added Coun. J. 11-16-16, p. 37901, Art. VI, § 3; Amend Coun. J. 9-14-21, p. 35804, § 1)

Municipal Code of Chicago § 10-21-090 Liability or financial responsibility.

10-21-090 Liability or financial responsibility. (a) Nothing in this chapter shall be deemed to create liability or financial responsibility of CDOT or its officers and employees concerning any underground facility located on the public way by issuance of any permit or license required under this Code. It is not the intent of this chapter to change any remedies in law regarding the duty of providing lateral support. (b) Neither 811 Chicago nor any of its officers, agents, or employees shall be liable for damages for injuries or death to persons or damage to property caused by acts or omissions in the receipt, recording, or transmission of locate requests or other information in the performance of its duties, unless the act or omission was the result of willful and wanton misconduct. (c) Any residential property owner who fails to comply with any provision of this chapter and damages underground facilities while engaging in excavation or demolition on such residential property shall not be subject to a penalty under this chapter, but shall be liable for the damage caused to the owner or operator of the damaged underground facilities. (Added Coun. J. 11-16-16, p. 37901, Art. VI, § 3; Amend Coun. J. 9-14-21, p. 35804, § 1)

Municipal Code of Chicago § 10-21-100 Limitation on liability.

10-21-100 Limitation on liability. (a) Under any membership agreement rules, the City's liability for the indemnification of the entity that is in charge of or managing 811 Chicago, or any officer, agent, or employee of that entity, or for a member of 811 Chicago or any officer, agent, or employee of a member of 811 Chicago, shall be limited to claims arising as a result of any negligent acts or omissions of the City or its officers, agents, or employees, or arising out of any negligent operation of the City's underground facilities. (b) Subsection 10-21-100(a) shall not be construed to create any additional liability for the City in relation to any member of 811 Chicago with which the City may have entered into a franchise agreement. If the City's liability for indemnification under a franchise agreement is narrower than under this section, the franchise agreement controls. (Added Coun. J. 11-16-16, p. 37901, Art. VI, § 3; Amend Coun. J. 9-14-21, p. 35804, § 1)

Municipal Code of Chicago § 10-21-110 Penalties.

10-21-110 Penalties. (a) Except for the City of Chicago, its departments, and its employees acting in their capacities as such, persons who violate this chapter shall be subject to the following sanctions: (1) A person who violates Section 10-21-040 shall be subject to a fine of $100. Each day that a person fails to comply with the requirements of Section 10-21-040 constitutes a separate violation. (2) A person who violates Section 10-21-045, 10-21-050, or 10-21-080 shall be sanctioned according to the following schedule: (A) For the first determination of liability, the City shall order the responsible person to satisfy training requirements established by CDOT, and shall fine the responsible person up to $1,000. (B) For the second determination of liability, the City shall fine the responsible person $2,000 and may impose a requirement for mandatory training to be completed. (C) For the third determination of liability, the City shall fine the responsible person $3,000 and may impose a requirement for mandatory training to be completed. (D) For the fourth and each subsequent determination of liability, the City shall fine the responsible person $3,500 for the fourth incident, and increase the fine in increments of $500 for each additional incident, up to a maximum of $5,000 and may impose a requirement for mandatory training to be completed. The Commissioner may also recommend suspension or revocation of a public way work license in accordance with Sections 10-20-130, 10-20-135, and 10-20-140. Emergency excavation shall be allowed to proceed even in the case of license suspension. (E) For a violation that is found to have been a threat to public safety, a fine of up to $10,000 shall be imposed as well as a suspension of a public way work license in accordance with Section 10-20-130. Emergency excavation shall be allowed to proceed even in the case of license suspension. (F) A responsible person who has been found liable for violations sanctioned by this subsection (a)(2) and has complied with the sanctions and requirements imposed after violation may petition the Commissioner no earlier than January 1 of the following calendar year to reset the sanction schedule so that the first violation after the petition is approved is sanctioned as the first offense and subsequent violations adhere to the schedule above. A responsible person may only petition for a reset once in a calendar year. The Commissioner may reset the sanction schedule after considering the following: (i) the fines and other orders, such as mandatory trainings, as a result of all 811 Chicago violations, have been paid or complied with; (ii) the responsible person has an excavation safety plan designed to reduce utility damages; (iii) the responsible person has requested and received additional trainings with 811 Chicago or other best practice training; and (iv) the Commissioner has received data showing decreasing damage rates at locations where the responsible person has been active. (3) A person who owns or operates an underground facility or an underground location service who violates Section 10-21-060: (i) by failing to mark underground facilities shall be subject to fine of $2,000; (ii) by failing to respond electronically to the owner or operator who initiated a locate request shall be subject to a fine of $250; (iii) all other violations of Section 10-21-060 shall be subject to a fine of $1,000. Each violation of Section 10-21-060 shall be considered a separate offense. No such person shall be subject to a fine where a delay in marking or a failure to mark or properly mark the location of an underground facility is caused by conditions beyond the reasonable control of such owner or operator. (4) A person who violates Section 10-21-070 shall be subject to a fine of not less than $1,000 nor more than $5,000 for each separate offense. (b) Any training requirements ordered shall be completed within 60 days of the order. Failure to satisfy the training requirements within the required time period is a violation of this subsection and will result in a fine of $50 per day for each calendar day the violation continues up to a maximum of $5,000. Proof of said training must be transmitted to the Commissioner within 30 days of the completion of the training. In the event that a responsible person fails to get the ordered training, the Commissioner may institute an administrative enforcement action against the responsible person. (Added Coun. J. 11-16-16, p. 37901, Art. VI, § 3; Amend Coun. J. 9-14-21, p. 35804, § 1; Amend Coun. J. 12-20-25, p. 39283, Art. I, § 5)

Municipal Code of Chicago § 10-21-120 Emergency telephone system outages; reimbursement.

10-21-120 Emergency telephone system outages; reimbursement. Any person who negligently damages an underground facility causing an emergency telephone system outage must reimburse the public safety agency that provides personnel to answer calls or to maintain or operate an emergency telephone system during the outage for the agency's costs associated with answering calls or maintaining or operating the system during the outage. (Added Coun. J. 11-16-16, p. 37901, Art. VI, § 3)

Municipal Code of Chicago § 10-21-130 Chicago Underground Facilities Damage Prevention Fund.

10-21-130 Chicago Underground Facilities Damage Prevention Fund. There is hereby created in the City budget a special fund to be known as the Chicago Underground Facilities Damage Prevention Fund. All fines collected as a result of a violation of Section 10-21-050 and 10-21-080 shall be deposited into this fund, and distributed as a grant to 811 Chicago, for use in safety and informational programs designed to reduce the number of incidents of damage to underground facilities in Chicago. The Commissioner shall have the authority to administer this fund, and shall provide an accounting to the Evaluation Panel on a biannual basis. (Added Coun. J. 11-16-16, p. 37901, Art. VI, § 3; Amend Coun. J. 9-14-21, p. 35804, § 1)

Source: City of Chicago, Municipal Code of Chicago (American Legal Publishing, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/chicago/latest/chicago_il/0-0-0-2651100Fetched: 10/24/2026