[Approved 5-24-1979 by Ch. No. 1687]
As used in this Article, the following terms shall have the meanings
indicted:
A strip of land not more than three feet wide or a strip of land
extending not more than one and one-half (1 1/2) feet on either side
of the underground facilities.
Includes but is not limited to the substantial weakening of structural
or lateral support of a utility line, penetration or destruction of any utility
line protective coating, housing or other protective device or the severance,
partial or complete, of any utility line.
The wrecking, razing, rending, moving or removing of any structure.
One who is designated for a specific purpose or duty.
An operation for the purpose of removal of earth, rock or other materials
in the ground, or otherwise disturbing the subsurface of the earth, by the
use of powered or mechanized equipment, including but not limited to digging,
blasting, auguring, backfilling, test boring, drilling, pile driving, grading,
plowing-in, hammering, pulling in, trenching and tunneling, excluding the
movement of earth by tools manipulated only by human or animal power and the
tilling of soil for agricultural purpose.
The permit issuing authority.
An individual, partnership, corporation or association or public
utility, including a person engaged as a contractor by a public agency but
excluding a public agency.
The state or any political subdivision thereof, including any governmental
agency.
The owner or operator of underground facilities for furnishing electric,
gas, liquid, telephone, telegraph, pipeline, (excluding storm drains), sewage,
water, community television antenna, steam or traffic signal service, including
a municipal or other public owner or operator.
Suitable excavation by hand or machine at designated areas for determination
of the exact location of underground utilities facilities.
No person, public agency or public utility will engage in excavation
or discharge explosives or demolish a structure containing a public utility
facility without having first ascertained in the manner prescribed in this
Article the location of all underground facilities of public utilities in
the area or the absence thereof and in addition thereto, must obtain a permit
from the Director of Public Works for such work.
A.
A person, public agency or public utility responsible
for excavating or discharging explosives will notify the designee of the Director
of Public Works of such proposed excavation or discharge by telephone at least
two full days, excluding Saturdays, Sundays and holidays, but not more than
10 days before commencing such excavation or discharge of explosives.
B.
When demolition of a building containing a public utility
facility is proposed, the person shall notify the designee of the Director
of Public Works of such demolition at least 10 days prior to the commencement
of the demolition of the building. Such notice will include the name, address
and telephone number of the entity giving notice, the name of the person,
public agency or public utility performing the work and the starting date
and type of excavation, demolition or discharge of explosives. The designee
of the Director of Public Works will immediately transmit such information
to the public utilities whose facilities may be affected.
C.
If the Director of Public Works determines that a preconstruction
conference is necessary, the Director shall so notify all public utilities
owning underground facilities in the work area; all so notified must attend.
The person, public agency or public utility doing the work must supply a work
schedule to all owners of underground facilities in the work area prior to
the commencement of work.
In situations requiring a public utility to be present at the scene
for unscheduled discharging of explosives, the person shall give the designee
of the Director of Public Works four hours notice, and the public utility
shall respond within four hours of receipt of such notice.
A.
A public utility served with the notice in accordance with § 198-8 will, not less than the working day in advance of the proposed excavation, discharging of explosives or demolition (the work) unless otherwise agreed between the person or public agency performing the work, mark the approximate location of the underground facilities in a manner as to enable the person or public agency to employ hand-dug test pits or other similar means using reasonable care to establish the precise location of the underground facilities in advance of the work. In areas of questionable location of underground facilities, the person will excavate test pits to determine line and grade of said facilities. The authorization to dig test pits will be granted by the property owner or his or her agent at the request of the person prior to construction in the area. The cost of excavating such test pits to locate utilities shall be borne by the person for whom the work is being performed. If permission is refused by the property owner or his or her agent and damage is done to underground facilities, the property owner will assume responsibility for all costs incurred. For the purposes of this Article the approximate location of underground facilities will be marked with stakes or other physical means. The public utility shall follow the color coding prescribed herein:
|
Utility and Type of Product
|
Identifying Color
| |
|---|---|---|
|
Electric power distribution and transmission
|
Safety red
| |
|
State and municipal electric systems
|
Safety red
| |
|
Gas distribution and transmission
|
High visibility safety yellow
| |
|
Dangerous materials, product line
|
High visibility safety yellow
| |
|
Telephone and telegraph systems
|
Safety alert orange
| |
|
Cable television
|
Safety alert orange
| |
|
Police and fire communications
|
Safety alert orange
| |
|
Water systems
|
Safety precaution blue
| |
|
Storm and sanitary systems
|
Green
|
B.
If the precise location of the underground facilities
cannot be established, the person or public agency will then notify the public
utility which shall provide such further assistance as may be needed to determine
the precise location of the underground facilities in advance of the proposed
work, tunneling or grade change, discharging of explosives or demolition operations.
A.
In case of emergency involving danger to life, health
or property or which requires immediate correction in order to continue the
operation of a major industrial plant or to assure the continuity of public
utility service, then excavation, maintenance or repairs may be made without
using explosives if notice and advice thereof are given to the designee of
the Director of Public Works who will notify the Director of Public Works
as soon as it is determined that an emergency exists.
B.
In case of an emergency involving an immediate and substantial
danger of death or serious personal injury, explosives may be discharged if
notice and advice thereof are given to the designee of the Director of Public
Works, who will notify the Director of Public Works so as to give reasonable
notice to the affected public utility, which shall then immediately respond
to such notice before the discharge is undertaken.
Upon receiving the information provided for in § 198-10, a person, public utility or public agency excavating, tunneling or discharging explosives shall exercise reasonable care when working in close proximity to the underground facilities of any public utility. When the facilities are to be exposed, only hand digging immediately adjacent to the utility shall be employed and such support, as may be reasonably necessary for the protection of the facilities, shall be provided in and near the work area.
When any contact with or damage to any pipe, cable or its protective
coating or any other underground facility of a public utility occurs, the
public utility shall be notified immediately by the person or public agency
responsible for the operation causing the damage. Upon receiving the notice,
the public utility shall dispatch personnel to the location immediately to
effect temporary or permanent repair of the damage. If a serious electrical
short is occurring or if dangerous fluids or gases are escaping from a broken
line, the person or public agency responsible for the operations causing the
damage shall evacuate the immediate area while awaiting the arrival of the
public utility personnel.
A.
It is the intent of this Article to provide the minimum
requirements for backfilling of utility excavations. These specifications
shall not be deemed to supersede other local agency, state agency, federal
agency or contractual specifications which are more stringent. Utility trenches
may be backfilled with materials selected from the the trench excavation,
provided that the material meets the following minimum requirements or the
trench shall be backfilled with acceptable material obtained from other sources.
Backfill for utilities will consist of three components:
B.
Pipe bedding shall be provided in accordance with the
pipe or conduit manufacturer's recommendations, utility company standards,
the recommendations of a registered professional engineer or the governing
authority and shall consist of concrete, sand, gravel or processed crushed
stone. Naturally occurring materials may be utilized as bedding material if
approved by the utility company, the registered professional engineer in charge
of the project or the governing authority. Bedding material shall have a minimum
thickness of the outside pipe diameter divided by four [outside diameter (OD),
four] or four inches, whichever is greater. Bedding material shall be placed
in layers not exceeding six inches loose measure in depth and compacted with
tie tampers, vibratory plate tampers or other equipment specifically designed
for the compaction of backfill material.
C.
All backfill or cover material placed in trenches below
a level 12 inches above the top of the pipe or conduit and above the bedding
material shall consist of sand, gravel or a mixture of sand, gravel and silt
containing not more than 20% by weight of material passing the No. 200 sieve
nor materials larger than two inches in diameter. Materials shall conform
to Unified Soil Classification System groups, or combination of groups, GW,
GP, SW and SP or in accordance with pipe or conduit manufacturer's recommendations,
utility company standards, the recommendations of the registered professional
engineer in charge of the project or the governing authority. Pipe cover material
to a level 12 inches above the top of the pipe shall be placed and compacted
in layers not exceeding six inches loose measure and shall be compacted with
tie tampers, vibratory plate tampers or other equipment specifically designed
for compaction of backfill material. The backfill shall be deposited uniformly
on both sides of the utility and shall be firmly compacted to provide uniform
support around the utility, free of voids.
D.
The balance of backfill in trenches shall be compactable
material consisting of sand, gravel or a sand, gravel and silt mixture without
any stones, rock fragments or other materials larger than eight inches in
their greatest dimension conforming to Unified Soil Classification System
groups, or combination of groups, GW, GP, GM, SW, SP, SM. It shall be spread
in layers not exceeding 12 inches in loose measure and each layer shall be
compacted by tie or plate-type vibratory compactor or other equipment specifically
designed for the compaction of backfill material, unless otherwise approved
by the governing authority, the utility or the registered professional engineer
in charge of the project. All trench backfill shall be carefully placed to
avoid disturbance of the new work and/or existing utilities or structures.
The moisture content of backfill shall be such that proper compaction will
be obtained. Unless otherwise indicated, backfill shall be brought to the
surface of the surrounding ground and neatly graded. Where the utility is
in a roadway, the final roadway cross section shall be as required by the
governing authority. All materials placed within the utility trench shall
be free of peat, vegetable or organic matter, clay lumps, frozen material,
tree roots, stumps, rock fragments, asphalt fragments or concrete fragments
larger than the maximum size indicated above, or boulders or other deleterious
materials or any materials in the PT, OH, CH, MH or OL groups of the Unified
Soil Classification System. Materials classified as CL, ML, SC and GC may
be used only if approved by the governing authority or the registered professional
engineer in charge of the project.
This Article shall not be construed to authorize, affect or impair local
ordinances, charters or other provisions of law requiring permits to be obtained
before excavating or tunneling in a public street or highway or to construct
or demolish buildings or other structures on private property nor construed
to grant any person or public agency any rights not specifically provided
by this Article. A permit issued by a public agency shall not be deemed to
relieve a person from the responsibility for complying with the provisions
of this Article. The failure of any person who has been granted a permit to
comply with the provisions of this Article shall not be deemed to impose any
liability upon the public agency issuing the permit. This Article shall not
preclude establishment of working agreements between public utilities and
contractor associations to accomplish the intent and purpose of this Article.
The Department of Public Works shall have the power to enforce the provisions
of this Article. Any disagreement between a public utility, public agency
or a person shall be referred to the Municipal Court whose order shall be
binding upon the parties.
The Director of Public Works or his or her designee shall not be held
liable for any loss or damage to the property of any public utility due to
failure of the Director of Public Works or his or her designee to notify such
public utility of any proposed work or for the failure of any utility to properly
mark its facilities.
[Amended 7-25-1996 by Ord. No. 2420]
Any person who violates §§ 198-8, 198-9, 198-11, 198-12 and 198-13 of this Article shall be subject to the following penalties: $200 for the first violation and $500 for each such violation thereafter. Actions to recover the penalty provided for in this section shall be brought by the City Solicitor. Any person who violates any other provision of this Article shall be subject to a penalty of not less than $200 for each violation. All penalties recovered in any such actions shall be paid into the City general fund. This Article does not affect any civil remedies for personal injury or property damage (including underground facilities) except as otherwise specifically provided for in this article.
