N.J. Admin. Code § 14:2-3.5

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

Section 14:2-3.5 - Excavation or demolition in response to an emergency

(a) If an excavator undertakes an excavation or demolition in response to an emergency that does not permit compliance by the excavator with the notification requirements of N.J.A.C. 14:2-3.1, the excavator shall comply with this section.

(b) An excavator that is subject to this section shall notify the One-Call center of an emergency excavation or demolition as soon as reasonably possible without causing a delay in addressing the emergency, and shall include in the notice a description of the nature of the emergency and provide contact information of a person knowledgeable of the excavation to be performed.

(c) In a case where the excavator must perform excavation or demolition in order to address the emergency, the notice to the One-Call center shall also include a brief explanation of the circumstances that prevented the excavator from providing notice in accordance with N.J.A.C. 14:2-3.1.

(d) An excavator that performs excavation or demolition in response to an emergency shall take all reasonable precautions to protect any underground facilities that may be located at the site of the excavation or demolition.

(e) If an excavation is undertaken in order to repair or replace the vent or filler pipe of an underground heating oil tank or a heating system, the excavation may be started immediately after notice has been given to the One-Call center, provided the excavation meets all of the requirements at (e)1 through 3 below:

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.

(f) An excavation performed in accordance with (e) above shall meet all other requirements of this section and this chapter.

(g) Emergency notifications shall only be valid for the period that the conditions defined at N.J.A.C. 14:2-1.2 exist. If a temporary repair is made and requires additional excavation, a routine markout request is required.

N.J. Admin. Code § 14:2-3.5

New Rule, R.2007 d.298, effective 10/15/2007.
See: 39 N.J.R. 1232(a), 39 N.J.R. 4422(b).

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