NAC455.135. Marks: Duties of excavator; re-marking; confirmation or replacement.

     1. Until an excavation or demolition is completed, an excavator shall maintain the marks:

     (a) Of the proposed area of an excavation or demolition made by the excavator pursuant to the provisions of subsections 2 and 3 of NAC 455.115; and

     (b) Of the approximate location of subsurface installations made by an operator pursuant to paragraph (a) of subsection 1 of NAC 455.125.

     2. If the operator’s marks are removed, obliterated, covered or otherwise become disturbed or the excavator has concerns regarding the accuracy and meaning of the operator’s marks before or during an excavation or demolition, the excavator:

     (a) Shall not begin the excavation or demolition or, if the excavator has begun the excavation or demolition, shall cease the excavation or demolition in the portion of the affected area of the proposed excavation or demolition; and

     (b) Shall mark the portion of the affected area of the proposed excavation or demolition with white markings, note the areas as re-marked and resubmit a notification to the association for operators that requests the operators with subsurface installations in the affected area of the proposed excavation or demolition to mark, confirm existing marks or make replacement marks for the subsurface installations in the re-marked area.

     3. An excavator may, by submitting a notification to the association for operators, request that an operator make replacement marks in all or a portion of the affected area of the proposed excavation or demolition if the existing marks are faded but still visible and the excavator has no concerns regarding the accuracy and meaning of the operator’s marks as a result of the fading.

     4. An operator shall respond to a request made by an excavator pursuant to subsection 2 or 3 not later than 2 working days after receipt of the request, unless the operator and excavator agree upon a different period. An operator who complies with the provisions of this subsection is not relieved of the duty to mark his or her subsurface installations pursuant to NRS 455.133 and NAC 455.130 or any other duty imposed pursuant to this chapter.

     5. An excavator who complies with the provisions of subsections 2, 3 and 4 is not relieved of the duty to maintain the marks pursuant to subsection 1 or any other duty imposed pursuant to this chapter.

     (Added to NAC by Pub. Utilities Comm’n by R156-03, eff. 8-25-2004; A by R153-07, 1-30-2008)