N.H. Admin. Code § Puc 805.01 - Notification Required Prior to Excavation

(a) No person shall perform an excavation within 100 feet of an underground facility, except in an emergency situation pursuant to Puc 805.03, without first giving notification in accordance with this section.

(b) Excavators shall, pursuant to RSA 374:51 notify the notification center

(1) Not less than 72 hours prior to the proposed excavation, not including Saturdays, Sundays and legal holidays; and

(2) Not more than 30 days prior to the proposed excavation.

(c) The excavator's notification, required by (a) above, shall be valid for 30 calendar days from the date and time the notification center confirms the notification.

(d) When an excavator contacts the notification center as described in (a) above, it shall provide the following:

(1) The name of the person notifying the notification center;

(2) The name, address, and telephone number of the excavator;

(3) The name of each sub-contractor or other person or entity who is expected to excavate at the intended excavation site on behalf of the excavator making the notification; and

(4) The specific location, including information such as:

a. Latitude and longitude coordinates;

b. Two cross street locations;

c. Notable landmarks;

d. Utility pole numbers that are verifiable in the field; or

e. Mile markers;

(5) The starting date for the proposed excavation; and

(6) The most current and accurate description of the intended excavation activity, to include information regarding any blasting or any trenchless excavation methods.

(e) Prior to complying with the notification requirements of RSA 374:51, II and (a) above, an excavator shall, pursuant to RSA 374:51, IV, premark the area of proposed excavation by identifying the perimeter of the proposed site of the excavation.

(f) The excavator shall premark in a way that does not interfere with traffic or pedestrian control and is not misleading to the general public.

(g) An excavator shall not be required to premark any continuous excavation that is over 100 feet in length, or any pole replacement that is within 5 feet of an existing location.

(h) If an excavation for a pole replacement is within 5 feet of an existing location, the excavator shall communicate the perimeter of the excavation to any potentially affected operator, member of the notification center who owns or operates an underground facility, or both, by any one of the following methods:

(1) Providing a detailed description of the site area;

(2) Providing detailed construction plans;

(3) Holding an on-site meeting with potentially affected operators; or

(4) Providing other effective means of communicating the perimeter of the excavation to any potentially affected operator, member, or both, of the notification center who owns or operates an underground facility.

(i) If an excavation is over 100 feet in length, the excavator shall communicate the perimeter of the excavation to any potentially affected operator, member of the notification center who owns or operates an underground facility, or both, by any 2 of the following methods:

(1) Providing a detailed description of the site area;

(2) Providing detailed construction plans;

(3) Holding an on-site meeting with potentially affected operators; and

(4) Providing other effective means of communicating the perimeter of the excavation to any potentially affected operator, member, or both, of the notification center who owns or operates an underground facility.

(j) Once an owner or operator of an underground facility has marked the location of its underground facility in the area of an excavation, pursuant to RSA 374:53 and Puc 805.02, the excavator, and any, employee, or agent of the excavator performing work on behalf of the excavator at the site, shall be responsible for maintaining the markings during the excavation.

(k) No person or entity not an employee of the excavator shall excavate on behalf of an excavator as a subcontractor or otherwise without separately complying with the notification requirements of this section, unless the excavator has notified the notification center of the identity of that person or entity as provided in (d)(3) above.

(l) A subcontractor of the excavator or other entity may excavate pursuant to the excavator's notification to the notification center if the subcontractor or entity:

(1) Performs excavation at the location specified in the notification;

(2) Has a contract or other written authorization to perform the excavation for the excavator;

(3) Does the excavation work specified in the notification;

(4) Is listed with the notification center, as provided in (d)(3) above; and

(5) Otherwise complies with Puc 800, RSA 374:48-56 and other applicable law.

(m) No person shall misuse the intent of the notification center by making a request for marking of an underground facility for other than excavating activities, such as for conducting an engineering design, or without a present intention to excavate at the site subject to the request within 30 days.

Notes

N.H. Admin. Code § Puc 805.01

#5616, eff 4-20-93, EXPIRED: 4-20-99

New. #7259, INTERIM, eff 5-2-00, EXPIRES: 8-30-00; ss by #7350, eff 8-23-00; ss by #7900, eff 5-29-03; ss by #9318, eff 11-8-08

Amended by Volume XXXVII Number 10, Filed March 9, 2017, Proposed by #12102, Effective 2/8/2017, Expires 2/8/2027.