Public Utilities and Carriers

CHAPTER 39-1.2
Excavation Near Underground Utility Facilities

SECTION 39-1.2-7

§ 39-1.2-7 Marking of underground utilities and excavations.

(a) A public utility served with the notice in accordance with § 39-1.2-5 shall, within seventy-two (72) hours, exclusive of Saturdays, Sundays, and legal holidays, of the receipt of the notice, unless otherwise agreed between the person or public agency performing the work and the public utility, mark the approximate location of the underground utility facilities.

(b) Prior to notifying the association, any excavator must premark the area of proposed excavation in a manner that will enable the owner of the public utility facilities to identify the boundaries of the proposed excavation activities, except that premarking shall not be required if the proposed excavation will be continuous and exceed five hundred feet (500') in length, or if such marks may reasonably interfere with traffic or pedestrian control or are misleading to the general public.

(c) A public utility shall mark any of their underground utility facilities that are located within fifteen feet (15') of the exterior limits of the premarked excavation area.

(d) For the purposes of this chapter, the approximate location of underground utility facilities shall be marked with stakes, paint, or other physical means as may be necessary to ensure a distinctive mark. The public utility shall follow the color coding prescribed in this section.



Electric power distribu- Safety Red

tion and transmission

State and municipal elec- Safety Red

tric systems

Gas distribution and High Visibility Safety

transmission Yellow

Dangerous materials, High Visibility Safety

product line Yellow

Telephone and telegraph Safety Alert Orange


Water systems Safety Precaution Blue

Cable antenna Safety Alert Orange


Premark White

(e) In the event the excavator shall damage the underground public utility facilities as the result of an incorrect marking by the public utility, the excavator shall not be responsible for the resulting damage.

History of Section.
(P.L. 1984, ch. 119, § 1; P.L. 1995, ch. 327, § 1; P.L. 1997, ch. 326, § 104; P.L. 2009, ch. 92, § 1; P.L. 2009, ch. 103, § 1.)