N.J. Admin. Code § 14:2-3.1

Current through Register Vol. 57, No. 1, January 6, 2025

Section 14:2-3.1 - Notice of intent to excavate-timing

(a) A person shall not perform excavation or demolition, as defined at N.J.A.C. 14:2-1.2, unless the person performing the excavation or demolition, or a responsible contractor, has provided notice of the excavation or demolition to the One-Call center by dialing 811 in New Jersey, out-of-State, 1800-272-1000, or by electronic notice as directed by the One-Call System operator in accordance with its Board-approved tariff. Requests provided electronically or through any procedure other than that directed for use by the One-Call System operator shall not constitute notice in compliance with this section.

(b) An excavator or responsible contractor, as defined at N.J.A.C. 14:2-1.2, shall notify the One-Call center of the intent to engage in any excavation or demolition not less than three business days before beginning the excavation or demolition, and not more than 10 business days prior to beginning the excavation or demolition, except if the excavation or demolition is necessary because of an emergency, as defined at N.J.A.C. 14:2-1.2. An excavator that performs emergency excavation or demolition shall comply with the notice requirements at N.J.A.C. 14:2-3.6.

(c) Notice provided in accordance with (a) above, for an excavation or demolition that is commenced within 10 business days after the notice, shall remain valid for 45 business days from the notification, provided that the excavator maintains the markout that is made by an operator. Any excavation or demolition continuing after the 45 business days shall require a new notification that meets the requirements at (a) above.

(d) If the excavation or demolition is not commenced within 10 business days after notice is provided to the One-Call center in accordance with (a) above:

1. The notice shall no longer be valid;

2. The excavator shall not perform any excavation or demolition on the site until the excavator or responsible contractor submits a new notification to the One-Call center; and

3. The new notification shall comply with (a) above in all respects; that is, the excavator shall notify the One-Call center at least three business days before, but no more than 10 business days before, beginning the excavation or demolition.

(e) By providing notice to the One-Call center, an excavator or responsible contractor assumes responsibility and liability for ensuring that the excavation or demolition is performed in accordance with this chapter and other applicable law.

(f) An excavation that is undertaken in order to repair or replace the vent or filler pipe of an underground heating oil tank or a heating system shall not be subject to the three-business-day advance notice requirement at (a) above, provided it meets all of the requirements at (f)1, 2, and 3 below. Instead, such an excavation may be started immediately after notice to the One-Call center.

1. The excavation is undertaken in response to a service call by a customer;

2. The excavation or demolition uses only non-mechanized equipment; and

3. The excavation begins after October 1 and ends before April 30 of the following year.

(g) A routine excavation that is undertaken for pest management purposes on residential property shall be subject to the three-business day advance notice requirement under (a) above, the first time the excavation is performed. However, the excavation may be performed a second and subsequent times without notice to the One-Call center, provided that all of the following requirements are met:

1. The excavation is performed every time by the same excavator that provided notice to the One-Call center;

2. The excavation shall be the same type of work, shall be within the extent of work and within the depth field set forth in the original notice to the One-Call center;

3. The excavation meets the definition of "routine"; and

4. The excavation is performed solely for pest management purposes.

N.J. Admin. Code § 14:2-3.1

Amended by R.2002 d.107, effective 4/1/2002.
See: 33 N.J.R. 2606(a), 34 N.J.R. 1458(a).
Added a new (a), recodified former (a) through (d) as (b) through (e) and amended paragraph designators throughout, and added (f).
Recodified in part from N.J.A.C. 14:2-4.1 and amended by R.2007 d.298, effective 10/15/2007.
See: 39 N.J.R. 1232(a), 39 N.J.R. 4422(b).
Section was "Notice". Rewrote the section. Former N.J.A.C. 14:2-3.1, Designation, recodified to N.J.A.C. 14:2-2.2.
Amended by R.2009 d.250, effective 8/17/2009.
See: 40 N.J.R. 6928(a), 41 N.J.R. 3096(a).
Added (g).
Administrative correction.
See: 41 N.J.R. 3939(a).

Amended by 54 N.J.R. 1417(a), effective 7/18/2022