(a)  In the event of any emergency posing a threat to life, public health, public safety, or property, or that may require immediate correction in order to continue the operation of a major industrial plant, or to ensure the continuity of public utility service, excavation, maintenance, or repairs may be made without using explosives upon notice and advice thereof given to the association as soon as it is determined that an emergency exists. The excavator shall thereafter employ any means necessary, excluding blasting, to ensure that the underground public utility facilities in the area of the excavation shall not be damaged.

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Terms Used In Rhode Island General Laws 39-1.2-8

  • Association: means the group of public utilities formed pursuant to Rhode Island General Laws 39-1.2-1
  • Excavation: means an operation for the purpose of movement or removal of earth, rock, or other materials in or on 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, back filling, 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 purposes. See Rhode Island General Laws 39-1.2-1
  • Public utility: means the owner or operator of underground facilities for furnishing electric, gas, telephone, or water service as defined in § 39-1-2(a)(20); and also means and includes, for the purposes of this chapter only, electric transmission companies and nonregulated power producers, as defined in § 39-1-2(a)(13) and (19); any cable television service; and any water company that voluntarily becomes a member of the association provided for under Rhode Island General Laws 39-1.2-1
  • Public utility facilities: means the underground plant and equipment owned and operated by a public utility for the purpose of furnishing electricity, gas, water, cable television, or telephone service; including the underground plant and equipment owned and operated by any water company, not subject to regulation by the administrator of the division of the public utilities, that voluntarily joins the association provided for under Rhode Island General Laws 39-1.2-1

(b)  In the event of an emergency, public utilities shall notify the excavator, at the telephone number provided to the association by the excavator, within two (2) hours upon receipt of notice as to whether the public utility has any facilities in the vicinity of the proposed excavation. If the public utility has any facilities in the vicinity of the proposed excavation, the public utility shall mark out its facilities no later than three (3) hours after receipt of notice from the association.

History of Section.
P.L. 1984, ch. 119, § 1; P.L. 1998, ch. 367, § 1; P.L. 2009, ch. 92, § 1; P.L. 2009, ch. 103, § 1.