P.R. Laws tit. 21, § 4631h
The obligation that § 4631d of this title imposes on an operator of marking the area to be excavated or demolished prior to the time set to begin the excavation or demolition, shall not be applicable when special circumstances are involved, arising from force majeure or the unforeseeable, such as: hurricanes, floods, earthquakes, labor stoppage or strike, or that which may limit the resources or the personnel needed to carry out said obligation.
In the case of special circumstances, the operator shall notify the following to the Excavation and Demolition Coordination Center:
(a) The nature and place of the special circumstance;
(b) the time the situation is expected to persist and the approximate time in which the operator shall be available to resume the task imposed by said section;
(c) the name and telephone number of the person to be contacted, should there be an emergency which requires the attention of the operator.
The Excavation and Demolition Coordination Center shall be responsible for notifying each excavator or wrecker who intends to excavate or demolish, of the fact that the operator is undergoing special circumstances, and the approximate time it will take the operator to mark the site of the proposed excavation or demolition.
The excavator or wrecker may proceed with the excavation or demolition as planned, taking reasonable precautions to protect the persons and underground structures and installations of the operator undergoing special circumstances. Emergency situations, as well as events involving special circumstances, shall not release the excavator or wrecker from financial, penal or civil liability, should an underground structure or installation suffer damages.
History —Sept. 11, 1998, No. 267, § 9, eff. 30 days after Sept. 11, 1998.