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<section article="gpu" article_name="Public Utilities" number="12-121" title_number="12" title_name="Underground Facilities" subtitle_number="1" subtitle_name="Excavation or Demolition Near Underground Facilities">
  <level label="a">
    <level label="1">
      <text>This section applies to any action taken to address an emergency from the time the emergency arises until a standard ticket is initiated and valid under § 12–124 of this subtitle, including any work associated with stopping or mitigating the emergency.</text>
    </level>
    <level label="2">
      <text>Subject to § 12–120(b) of this subtitle, if all reasonable precautions have been taken to protect underground facilities, § 12–120(a) of this subtitle and §§ 12–122 through 12–135 of this subtitle do not apply to an emergency excavation or demolition being performed to prevent danger to life, health, or property.</text>
    </level>
  </level>
  <level label="b">
    <text>A primary contractor or a person performing an emergency excavation or demolition to prevent or mitigate loss of or injury to life, health, property, or an essential public service shall:</text>
    <level label="1">
      <text>identify the location and extent of work, as stated in § 12–124(b)(1) of this subtitle, in a clear and concise manner;</text>
    </level>
    <level label="2">
      <text>take all reasonable precautions to protect underground facilities in and near the excavation or demolition area; and</text>
    </level>
    <level label="3">
      <text>immediately notify the one–call system serving the geographic area where the emergency excavation or demolition is performed to inform the appropriate owner–members of the excavation or demolition area.</text>
    </level>
  </level>
  <level label="c">
    <level label="1">
      <text>The owner–member or its contract locator shall:</text>
      <level label="i">
        <text>respond to an emergency notice as soon as possible but not later than 2 hours from the transmission of the ticket from the one–call system; and</text>
      </level>
      <level label="ii">
        <text>except for circumstances beyond an owner–member’s or contract locator’s control and for municipal corporations, considering the hours of operation and availability of employees:</text>
        <level label="1">
          <text>begin the locating process to mark their respective underground  facility or facilities within 3 hours after the transmission of the ticket; or</text>
        </level>
        <level label="2">
          <text>if the facility owner has no underground facilities within the delineated excavation area, clear the ticket within 3 hours after the transmission of the ticket.</text>
        </level>
      </level>
    </level>
    <level label="2">
      <text>The person responsible for the excavation shall be on site or in communication with the owner–member, their contract locator, or their representative within 3 hours after the transmission of the ticket by the one–call system, or a mutually agreed response time.</text>
    </level>
    <level label="3">
      <text>The owner–member or its contract locator shall respond to the underground facilities information exchange system as soon as:</text>
      <level label="i">
        <text>the extent of work is marked; or</text>
      </level>
      <level label="ii">
        <text>it is determined that no underground facilities are in the delineated area.</text>
      </level>
    </level>
  </level>
  <level label="d">
    <text>A person that abuses the emergency excavation and demolition procedure set forth in this section is subject to penalties under § 12–135 of this subtitle.</text>
  </level>
</section>
