PROTECTION OF UNDERGROUND FACILITIES

ACT 53 OF 1974

An ACT to protect the public safety by providing for notices to public utilities by persons or public agencies engaged in certain construction related activities near underground facilities or demolishing buildings containing utility facilities; to provide for notices to affected parties when underground facilities are damaged; and to prescribe penalties.

The People of the State of Michigan enact:

460.701 Definitions

Section 1. As used in this act:

1. "Association" means the MISS DIG utilities communications programs.
   
2. "Person" includes an individual, partnership, corporation, association or any other legal entity. Person does not mean a public agency.
   
3. "Public agency" means the state, city, village, township, county or any other governmental entity or municipality.
   
4. "Public utility" means a natural gas company subject to the jurisdiction of the federal energy regulatory commission or an electric, steam, gas, telephone, power, water or pipeline company subject to the jurisdiction of the public service commission pursuant to Act No. 3 of the Public Acts of 1939, as amended, being sections 460.1 to 460.8 of the Michigan Compiled Laws, Act No. 9 of the Public Acts of 1929, being sections 483.101 to 483.120 of the Michigan Compiled Laws, Act No. 16 of the Public Acts of 1929, being sections 483.1 to 483.11 of the Michigan Compiled Laws, Act No. 19 of the Public Acts of 1967, as amended, being sections 486.551 to 486.571 of the Michigan Compiled Laws, Act No. 165 of the Public Acts of 1969, being sections 483.151 to 483.162 of the Michigan Compiled Laws or the Michigan telecommunications act, Act No. 179 of the Public Acts of 1991, being sections 484.2101 to 484.2605 of the Michigan Compiled Laws, a person or public agency owning or operating cable television facilities, and a public agency, other than the state transportation department, owning public service facilities for supplying water, light, heat, gas, power, telecommunications, sewage disposal, storm drains or storm water drainage facilities.

460.702 Exemptions

Section 2.

This act does not apply to a person or public agency using only non-powered hand tools in performing excavating or tunneling operations described herein.

460.703 Prerequisite to discharge of explosives, excavation, tunneling or demolition.

Section 3.

A person or public agency shall not discharge explosives, excavate or tunnel in a street, highway, public place, a private easement of a public utility or near the location of a public utility facility owned, maintained or installed on a customer's premises or demolish a building containing a public utility facility without having first ascertained in the manner prescribed in sections 5 or 7 of the location of all underground facilities of a public utility in the proposed area of excavation, discharging of explosives, tunneling or demolition.

460.704 List required; Filing; Contents.

Section 4.

A public utility having underground facilities in a county shall file with the clerk of the county a list containing the name of every city, village, township and section within the township in the county in which it has underground facilities, the name of the public utility and the title and address of its representatives designated to receive the written notice of intent required by section 5.

460.705 Written or telephone notice of intent; Time; Contents.

Section 5.

1. Except as provided in sections 7 and 9, a person or public agency responsible for excavating or tunneling operations, drilling or boring procedures or discharge of explosives in a street, highway, other public place, a private easement for a public utility or near the location of utility facilities on a customer’s property, or demolition of a building containing a utility facility, shall give written or telephone notice to the association as required in section 7 on intent to excavate, tunnel, discharge explosives or demolish at least two full working days, excluding Saturdays, Sundays and holidays, but not more than 21 calendar days, before commencing the excavating, demolishing, discharging of explosives, tunneling operations, or drilling or boring procedures. Beginning on October 1, 1990, the notice required in this subsection shall be given at least three full working days, excluding Saturdays, Sundays and holidays, but not more than 21 calendar days, before commencing the excavating, demolishing, discharging of explosives, tunneling operations, or drilling or boring procedures.
   
2. The written or telephone notice of intent shall contain the name, address and telephone number of the person or public agency filing the notice of intent, the name of the person or public agency performing the excavation, discharging of explosives, tunneling or demolition, the date and type of excavating, discharging of explosives, demolishing, drilling or boring procedure or tunneling operation to be conducted and the location of the excavation, tunneling, discharging of explosives, drilling, boring or demolition.

460.706 Compliance as condition for permit.

Section 6.

A public agency that pursuant to law requires a person to obtain a permit, shall require as a condition of the permit that the person shall comply with the requirement of this act.

460.707 Association of public utilities having underground facilities; Formation and operation; Purpose; Notification; Services; Costs; Description of area served; List of members; Record.

Section 7.

1. Public utilities having underground facilities shall form and operate an association providing for mutual receipt of notification of construction activities in those areas served by public utilities having underground facilities. Notification to the association formed and operated by the public utilities shall be considered to be notice to each public utility having underground facilities within the proposed areas of excavation, discharging of explosives, tunneling, demolition, drilling or boring. Notification to the association shall be effected in writing as set forth in section 5 or by telephone call, providing the same information required by section 5, made by the person or public agency responsible for the excavating, demolishing, discharging of explosives, drilling or boring procedures or tunneling operations. A public utility owned by a public agency shall participate in and receive the services furnished by the association and shall pay their share of the costs and services furnished, but shall not be required to become a member of the association. The association, whose members of participants have underground facilities within a county, shall file with the clerk of the county a description of the geographical area served by the association and list the name and address of every member and participating public utility.
   
2. If notification is made by telephone, an adequate record shall be maintained by the association to document compliance with the requirements of this act.

460.708 Information as to approximate location of underground facilities; Color coding; Additional assistance; Removal or protection of facilities.

Section 8.

Not less than one working day in advance of proposed construction, unless otherwise agreed between the person or public agency performing the excavation, discharging of explosives, drilling, boring, tunneling or demolition and the public utility, a public utility served with notice pursuant to section 5 or 7 shall inform the person or public agency of the approximate location of the underground facilities owned or operated by the public utility in the proposed area of excavation, discharging of explosives, drilling, boring, tunneling or demolition, in a manner that enables the person or public agency to employ hand-dug test holes or other similar means of establishing the precise location of the underground facilities using reasonable care to establish the precise location of the underground facilities in advance of construction. For the purposes of this act, the approximate location of underground facilities is defined as a strip of land at least 36 inches wide, but not wider than the width of the facility plus 18 inches on either side of the facility. If the approximate location of an underground facility is marked with stakes or other physical means, the public utility shall follow the color coding prescribed in this section.

Utility and type of product specific group identifying color.

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; Dangerous materials, product lines, 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.

Sewer systems, Safety brown.

Storm drains, Safety green.

Land survey monumentation, high-visibility, Safety pink.

All safety-alert orange markings shall include the name or type of the company who owns the underground facility to be marked. If the precise location of the underground facilities cannot be established, the person or public agency shall then notify the public utility, which shall no later than one working day after the notice provide such further assistance as may be needed to determine the precise location of the underground facilities in advance of the proposed excavating, tunneling, discharging of explosives, drilling or boring procedures or demolition operations. Where demolition of a building is proposed and the public utility is notified, it shall be given reasonable time to remove or protect its facilities before demolition of the building.

460.709 Emergencies.

Section 9.

1. In case of an 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, excavation, maintenance or repairs may be made without using explosives if notice and advice thereof, in writing or otherwise, are given to the public utility or association as soon as reasonably possible.
   
2. 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, in writing or otherwise, are given to a public utility or an association at any time before the discharge is undertaken.

460.710 Effect of permits; Working agreements not precluded.

Section 10.

This act 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 to any person or public agency any rights not specifically provided by this act. 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 act. The failure of any person, who has been granted a permit, to comply with the provisions of this act shall not be deemed to impose any liability upon the public agency issuing the permit. This act shall not preclude establishment of working agreements between public utilities and contractor associations to accomplish the intent and purpose of this act.

460.711 Reasonable care required; Hand-digging.

Section 11.

Upon receiving the information provided for in sections 5 or 7, a person 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. If the facilities are to be exposed, or are likely to be exposed, only hand-digging shall be employed in such circumstances and such support, as may be reasonably necessary for protection of the facilities, shall be provided in and near the construction area.

460.712 Damage to underground facilities; Notice; Evacuation.

Section 12.

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 operations causing the damage. Upon receiving the notice, the public utility shall dispatch personnel to the location as soon as possible 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.

460.713 Civil remedies.

Section 13.

This act does not affect any civil remedies for damage to public utility facilities and does not affect any civil remedies a person may have for actual damage to the person's property caused by a public utility's negligence in staking its facilities, except as otherwise specifically provided for in this act.

460.714 Civil action; Damage to underground facilities; Liability.

Section 14.

In a civil action in a court of this state, when it is shown by competent evidence that damage to the underground facilities of a public utility resulted from excavating, tunneling, drilling or boring procedures, demolishing operations or the discharge of explosives, as described in section 3 and that the person responsible for giving the notice of intent to excavate, tunnel, demolish or discharge explosives failed to give the notice, or the person did not employ hand-digging or failed to provide support, the person shall be liable for the resulting damage to the underground facilities, but the liability for damages shall be reduced in proportion to the negligence of the public utility if it fails to comply with section 8.

460.715 Injunction; Penalties.

Section 15.

A person who damages the facilities of a public utility on more than three occasions on any one construction contract location because of his or her failure to comply with any of the provisions of this act may be enjoined from engaging in any further excavating, demolition, discharging of explosives, drilling or boring procedures or tunneling work within the state, except under such terms and conditions as the court may prescribe to insure the safety of the public. A court may prescribe such penalties as it considers necessary or appropriate for violation of the injunctive order up to a maximum of $5,000.00 per violation.

460.716 Removal or destruction of stakes or other physical markings as misdemeanor; Penalty.

Section 16.

A person who willfully removes or otherwise destroys the stakes or other physical markings used by a public utility to mark the approximate location of underground facilities is guilty of a misdemeanor, and shall be fined not more than $5,000.00 for each offense or imprisoned for not more than one year or both.

460.717 Severability.

Section 17.

If any provision of this act or the application thereof to any person or public agency or circumstance is held invalid, the remainder of the act and the application of such provision to other persons or public agencies or circumstances shall not be affected thereby.

460.718 Effective date.

Section 18.

This act shall become effective August 1, 1974.

DEPARTMENT OF LABOR
CONSTRUCTION SAFETY STANDARDS COMMISSION
SAFETY STANDARDS

Filed with the Secretary of State on August 17, 1979 (as amended November 23, 1987) (as amended January 11, 1988) (as amended July 8, 1993)

Part 9. EXCAVATION, TRENCHING AND SHORING

R 408.40931 Locating utility lines

Rule 931.

1. An employer shall not excavate in a street, highway, public place, a private easement of a public utility, or near the location of a public utility facility owned, maintained, or installed on a customer's premise, without having first ascertained the location of all underground facilities of a public utility in the proposed area of excavation.
   
2. Upon receiving the information from the public utility, an employer shall exercise reasonable care when working in close proximity to the underground facilities of any public utility. If the facilities are to be exposed, or are likely to be exposed, only hand digging shall be employed in such circumstances and such support as may be reasonably necessary for protection of the facilities, shall be provided in and near the construction area.
   
3. 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 employer responsible for operations causing the damage. If an energized electrical cable is severed, an energized conductor is exposed, or dangerous fluids or gasses are escaping from a broken line, the employer shall evacuate the employees from the immediate area while awaiting the arrival of the public utility personnel.

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