Current through Acts 2023-2024, ch. 1069
Section 65-31-111 - Notice of excavation or demolition damage(a) Except as provided by subsection (b), each person responsible for any excavation or demolition operation described in § 65-31-104 that results in any damage to an underground utility shall, immediately upon discovery of the damage, submit a damage notice to the one-call service, notify the operator of the utility of the location and nature of the damage, and allow the operator reasonable time to accomplish necessary repairs before completing the excavation or demolition in the immediate area of the utility.(b) If an excavation or demolition results in damage to an underground utility that permits the escape of any flammable, toxic, or corrosive gas or liquid, then the person damaging the underground utility shall, immediately upon discovery of the damage, notify the operator, notify police and fire departments through the 911 service or other emergency communications system, submit a damage notice to the one-call service, and take any other action as may be reasonably necessary to protect persons and property and to minimize the hazards until arrival of the operator or police and fire departments.(c) The reporting requirements established in subsections (a) and (b) apply equally to all types of excavation or demolition activities. However, persons engaged in activities described in § 65-31-102(9)(B)(i)-(iv) are not required to submit a damage notice to the one-call service.(d) During initial excavation, if an underground utility is found to be unsound due to deterioration, then the person responsible for excavation shall immediately notify the utility company involved and allow the operator reasonable time to accomplish necessary repairs before completing the excavation or demolition in the immediate area of the utility.(e) The financial impact of all damages to underground utilities must be calculated using generally accepted accounting principles (GAAP).(f) Each operator whose utility facilities have been damaged as described in this section shall report the incident using the Damage Information Reporting Tool (DIRT) utilized by Common Ground Alliance or by filing a damage notice with the one-call system. If a report is made by filing a damage notice with the one-call service, then the one-call service may submit a report of the incident report to DIRT.Amended by 2021 Tenn. Acts, ch. 307, s 6, eff. 7/1/2021.Amended by 2015 Tenn. Acts, ch. 488, s 5, eff. 5/20/2015.Acts 1978, ch. 692, § 11; T.C.A., § 65-3211; Acts 1993, ch. 223, §19; 2006, ch. 686, § 10.