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New underground facility damage prevention legislation effective Oct. 1
DeBARY, FL (Sept. 28, 2010) — Increased fines, low-impact marking practices and penalties for false emergency tickets are just some of the changes for the Underground Facility Damage Prevention and Safety Act, Chapter 556, Florida Statutes, effective October 1, 2010.
Under the new law, the minimum fine for violating Chapter 556, F.S., is increased from $250 to $500 with the addition of two new violations: requesting false emergency tickets and failure to follow low-impact marking practices. These are in addition to the existing violations of digging without a valid locate ticket, digging before the legal time frame expires, failure to stop digging when locate marks are destroyed or contact/damage to an underground facility occurs, and failure to mark underground facilities.
Excessive locate marks was a hot topic throughout Florida. The result was low-impact marking practices requiring excavators to request locate tickets for smaller areas and include only unfinished areas on ticket renewals. They also prescribe temporary, non-permanent paint for premarking and marking underground facilities.
“It is the goal of these low-impact marking practices,” SSOCOF Executive Director Mark Sweet explained, “to reduce unnecessary locate marks and the length of time they remain on the ground.”
In an attempt to address excessive locate marks, some local governments adopted ordinances; however, new legislation prohibits adoption or enforcement of any ordinances that conflict with Chapter 556, F.S. Specifically, ordinances cannot require premarking or marking, marks removal, specific paint types or tie facility location to a permitting process.
It seems low-impact marking is a common theme in other states too. “Our low-impact marking legislation is being looked at nationwide,” Sweet added, “and the Common Ground Alliance has used it to develop preliminary language for a Best Practice.”
Also of note to excavators are removal of the 500-foot premarking limitation and high-priority subsurface installation (HPSI) procedures.
“While we had provisions in place for high-profile utilities,” Sweet explains, “we recognized the challenges excavation around pipelines transporting gas, oil and hazardous materials posed. Now members can designate those pipelines as HPSI and excavators will receive new positive response code 2C when a work site is within 15 feet of those pipelines. Excavators are then required to contact the member and provide an excavation start date and time.”
“It was a very aggressive legislative pursuit,” SSOCOF Legal Counsel David Erwin stated. “And the new provisions were developed in collaboration with and approved by the Florida League of Cities, Underground Utility Contractors of Florida, Florida Energy Pipeline Association, and Florida’s major member companies representing telecommunications, electric, gas, water and cable.”
A number of educational pieces on the new law have been developed and damage prevention liaisons are available for in-person education and presentations. Visit www.callsunshine.com to download this information and obtain liaison contact information.
Click here for summary slideshow
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