(2.4) At the project owner's expense, a licensed professional engineer designing for a subsurface utility engineering-required project shall:
(2.7) An underground facility owner that receives a subsurface utility engineering notification or other request for information from a designer shall respond to the request within ten business days after the request, not including the day of actual notice, in one or more of the following ways:
(II) [ Editor's note: This version of subsection (3)(a)(II) is effective June 1, 2022. ] Effective January 1, 2021, except in emergency situations, except as to an employee or an employer's contractor with respect to the employer's underground facilities, and except as otherwise provided in subsection (3)(e) of this section, a person shall not make or begin excavation without first notifying the notification association. Notice may be given by electronic methods approved by the notification association or by telephone.
(A) Lower the existing grade or elevation of the road or any adjacent shoulder or the designed and constructed elevation of any adjacent ditch flowline; or
(B) Disturb more than six inches in depth as it is conducted.
(b) [ Editor's note: This version of subsection (4)(b) is effective June 1, 2022. ] The marking of underground facilities shall be considered valid so long as the markings are clearly visible, but not for more than thirty calendar days following the due date of the locate request initiated pursuant to subsection (3) of this section. If an excavation has not been completed within the thirty-day period, the excavator shall notify the notification association at least two business days, not including the day of actual notice, before the end of the thirty-day period.
(6.5) If positive response required pursuant to subsection (4) of this section is not provided by the owner or operator within two business days, not including the day of actual notice, or by a later time as otherwise agreed upon in writing, the notification association shall send an additional renotification to that owner or operator. The notification association shall continue to send out renotifications daily until the notification association receives the positive response.
Source: L. 81: Entire article added, p. 521, § 1, effective October 1. L. 93: Entire article amended, p. 499, § 1, effective September 1. L. 2000: (4)(a), (4)(c), (6), and (7) amended and (4)(b.5) added, p. 685, § 2, effective May 23. L. 2009: (4)(c)(III) and (8) added, (HB 09-1092), ch. 38, p. 152, §§ 2, 3, effective August 5. L. 2018: (2.4), (2.7), (6.5), (7)(e), and (9) to (11) added, (3)(a), (3)(c), (3)(d), (4)(a), (4)(b), (4)(c)(I), (4)(c)(II), and (6) amended, and (7)(c)(V) repealed, (SB 18-167), ch. 256, p. 1563, § 2, effective August 8. L. 2021: (4)(b.5) amended, (SB 21-271), ch. 462, p. 3144, § 100, effective March 1, 2022; (3)(a)(II) and (4)(b) amended and (3)(e) added, (HB 21-1095), ch. 173, p. 948, § 1, effective June 1, 2022.
Structure Colorado Code
Title 9 - Safety - Industrial and Commercial
Article 1.5 - Excavation Requirements
§ 9-1.5-101. Legislative Declaration
§ 9-1.5-104. Injunctive Relief. (Deleted by Amendment)
§ 9-1.5-104.3. Alternative Dispute Resolution
§ 9-1.5-104.4. Penalties - Guidance
§ 9-1.5-104.5. Civil Penalties - Applicability
§ 9-1.5-104.7. Damage Prevention Fund
§ 9-1.5-104.8. Safety Commission Fund
§ 9-1.5-106. Notice Requirements