N.Y. Comp. Codes R. & Regs. Tit. 16 §§ 753-4.5

Current through Register Vol. 46, No. 45, November 2, 2024

Section 753-4.5 - Operator's response to notice

(a) Prior to the stated commencement date of the excavation or demolition work as stated in the recorded notice, the operator shall make a reasonable attempt to inform the excavator, by means of an Automated Positive Response (APR) system, where available, or by means of direct communications with the excavator, where APR is not available, that either:

(1) the operator has no underground facility in or within 15 feet of the work area; or

(2) every underground facility belonging to him or her which is located in or within 15 feet of the work area has been staked, marked or otherwise designated in accordance with the provisions of this Subpart.

(b) Where an operator cannot complete the staking, marking or other designation of an underground facility prior to the stated commencement date and time of the excavation or demolition, the operator shall promptly report such fact to the excavator and shall inform the excavator of a prompt and practicable completion date which in no case shall be more than two working days after the excavator's stated commencement date, unless a longer period is agreed to by both parties.

(c) Whenever an excavator requests a review of any staking, marking or other designation, the operator shall comply with such request as soon as possible.

N.Y. Comp. Codes R. & Regs. Tit. 16 §§ 753-4.5