87-125. Notice in case of emergency excavation or demolition.
(a) An excavator performing an emergency excavation or demolition is not required to give notice to the Notification Center as provided in G.S. 87-122. However, the excavator shall, as soon as practicable, give notice to the Notification Center which shall include a description of the circumstances justifying the emergency. The excavator may request emergency assistance from each affected operator in locating and providing immediate protection to the facilities in the affected area.
(b) The declaration of an emergency excavation or demolition shall not relieve any party of liability for causing damage to an operator's facilities even if those facilities are unmarked.
(c) Any person who falsely claims that an emergency exists requiring an excavation or demolition shall have violated the provisions of this Article, which shall be punishable as a Class 3 misdemeanor and may subject the violator to the imposition of penalties or other action to be taken by the Board pursuant to G.S. 87-129. (2013-407, s. 2; 2019-189, s. 1.)
Structure North Carolina General Statutes
North Carolina General Statutes
Article 8A - Underground Utility Safety and Damage Prevention Act.
§ 87-116 - Declaration of policy and purpose.
§ 87-118 - Reserve to the State the power to regulate.
§ 87-119 - Costs associated with compliance; effect of permit.
§ 87-120 - Notification Center; responsibilities.
§ 87-121 - Facility operator responsibilities.
§ 87-122 - Excavator responsibilities.
§ 87-125 - Notice in case of emergency excavation or demolition.
§ 87-126 - Notification required when damage is done.
§ 87-128 - Absence of facility location.
§ 87-129 - Underground Damage Prevention Review Board; enforcement; civil penalties.