By what name may Article 8A of Chapter 87 of the North Carolina General Statutes be cited?
Based on: NCGS 87-115 (Short title)
Before you dig in North Carolina you must give notice to the notification center, and the rules are set by the Underground Utility Safety and Damage Prevention Act, which is Article 8A of Chapter 87 (NCGS 87-115). The Act's stated policy under NCGS 87-116 is to protect citizens and the workforce from the dangers of excavating near buried utilities and to protect the facilities from costly damage. It defines who must call, how facilities are marked, the tolerance zone you must respect and what to do when a line is hit. Read the full Article at ncleg.gov.
By what name may Article 8A of Chapter 87 of the North Carolina General Statutes be cited?
Based on: NCGS 87-115 (Short title)
What is the stated public policy purpose behind North Carolina's underground utility damage prevention law?
Based on: NCGS 87-116 (Declaration of policy)
The North Carolina General Assembly enacted this Article to provide what kind of process for identifying facilities before excavation?
Based on: NCGS 87-116 (Declaration of policy)
Under the Act, which activity falls within the statutory definition of excavation?
Based on: NCGS 87-117 (Definition of excavation)
How does the Act define demolition?
Based on: NCGS 87-117 (Definition of demolition)
Under the Act, who is an excavator?
Based on: NCGS 87-117 (Definition of excavator)
Which of these is expressly listed as mechanized equipment under the Act?
Based on: NCGS 87-117 (Definition of mechanized equipment)
How does the Act define nonmechanized equipment?
Based on: NCGS 87-117 (Definition of nonmechanized equipment)
What does the term mechanized equipment mean under the Act?
Based on: NCGS 87-117 (Definition of mechanized equipment)
Which of the following is a facility as defined by the Act?
Based on: NCGS 87-117 (Definition of facility)
The Act runs on a set of precise definitions in NCGS 87-117, and the exam leans on them. Excavation means moving or removing earth, rock or other material by manual or mechanized equipment or explosives, and it expressly includes boring, digging, drilling and trenching. Demolition is any operation by which a structure or mass of material is wrecked, razed, moved or removed by any means. An excavator is simply a person engaged in excavation or demolition. Mechanized equipment is equipment operated by mechanical power, and the statute lists examples such as trenchers, bulldozers, power shovels, augers and backhoes, while nonmechanized equipment means hand tools. A facility is an underground line or system used to produce, store, convey, transmit or distribute communication, electricity, gas, petroleum, water, steam or sewage, and the definition expressly excludes items like residential swimming pools, irrigation systems and septic tanks. An operator is any person, public utility, cable provider, municipality or cooperative that owns or operates a facility in the State. Notice can be oral, written or electronic.
The single most tested number in this part of the exam is the tolerance zone, defined in NCGS 87-117. When the diameter of a facility is not marked, the tolerance zone is 24 inches on either side of the outside edge of the mark. When the diameter is known, it is one-half of the known diameter plus 24 inches on either side of the designated centre line. For a subaqueous facility, one that runs under a body of water such as a river, lake or swamp, the tolerance zone widens to a clearance of 15 feet on either side of the indicated facility. Within the tolerance zone an excavator must use care, because that is where a buried line is expected to be. Timing runs on working days, which NCGS 87-117 defines as every day except Saturday, Sunday and State legal holidays, so a Friday locate request does not begin counting weekend days. The notification center is a no-charge service to the excavator under NCGS 87-119, and NCGS 87-120 sets the center's duty to transmit the request to affected operators and to retain records.
Once a valid notice is filed, operators respond under NCGS 87-121 by marking the location of their facilities and providing a positive response within the time the statute allows, and the Act references the American Public Works Association uniform colour code for those marks. The excavator's obligations, the notice window, premarking, mark preservation and the high-priority rule for hand-digging within a set distance are all in NCGS 87-122. When an excavator damages a facility, NCGS 87-126 requires prompt notification of the operator, and if the damage is dangerous, additional emergency notification, so that repairs can be made safely. Emergencies have their own track under NCGS 87-125, and design notices, used when a designer needs facility information for planning rather than digging, are handled by NCGS 87-127. Not everyone is caught: NCGS 87-124 exempts certain agricultural, residential, railroad and operator or surveyor activity. Enforcement is by civil penalty through a Review Board under NCGS 87-129, and the remedies are cumulative, so a call to the notification center is cheap insurance against a costly strike.
| Situation | Tolerance zone |
|---|---|
| Diameter not marked | 24 inches on either side of the outside edge of the mark |
| Diameter known | One-half of the known diameter plus 24 inches on either side of the centre line |
| Subaqueous facility | A clearance of 15 feet on either side of the indicated facility |
In North Carolina, Article 8A of Chapter 87 may be cited as the Underground Utility Safety and Damage Prevention Act under NCGS 87-115. Its stated purpose under NCGS 87-116 is to protect citizens and the workforce from excavation dangers and to protect underground facilities from costly damage, through a systematic, uniform process for identifying facilities before digging.
In North Carolina, NCGS 87-117 sets the tolerance zone at 24 inches on either side of the outside edge of the mark when the facility's diameter is not marked. When the diameter is known, it is one-half of the diameter plus 24 inches on either side of the centre line, and for a subaqueous facility the clearance is 15 feet on either side.
In North Carolina, NCGS 87-117 defines a working day as every day except Saturday, Sunday and State legal holidays. That definition controls the timing of a locate request, so weekend days and legal holidays do not count when the notification window is being measured.
In North Carolina, NCGS 87-126 requires an excavator who damages a facility to notify the operator promptly, and if the damage is dangerous, to give additional emergency notification so repairs can be made safely. Enforcement of the Act, including damage that results from failing to give proper notice, runs through civil penalties and a Review Board under NCGS 87-129.
In North Carolina, NCGS 87-119 makes the notification center a no-charge service to the excavator, and NCGS 87-120 requires the center to transmit the request to affected operators and retain the records. Because the call is free and the penalties for an unmarked strike are cumulative, notifying before excavation is the low-cost, statutory way to protect yourself.
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