N.Y. General Business Law § 764: Duties of excavators

§ 764. Duties of excavators. 1. No excavator shall commence or engage

in any excavation or demolition unless and until timely notice is served

of the location and date of the proposed excavation or demolition as

provided in this article to operators who maintain underground

facilities in the area in which the excavation or demolition is to take

place. The provision of such notice to a one-call notification system is

deemed to be compliance with this section; and notice to the one-call

notification center is notice to each member. Such notice shall be

served in accordance with the rules and regulations adopted by the

public service commission pursuant to section one hundred nineteen-b of

the public service law.

2. Prior to any excavation or demolition, the excavator shall verify

the precise location of the underground facilities in a manner set forth

in the rules and regulations adopted by the public service commission

pursuant to section one hundred nineteen-b of the public service law.

3. An excavator may proceed with such work if he has received notice

from each operator notified by the one-call system that it has no

underground facility in or within fifteen feet of the proposed work area

or that the operator marked any underground facility located in or

within fifteen feet of the proposed work area.

4. An excavator engaged in excavation or demolition shall be

responsible for protecting and preserving the staking, marking or other

designation by the operator until no longer required for proper and safe

excavation or demolition work at or near the underground facility,

maintain clearance between the underground facility, and the cutting

edge or point of any equipment to avoid damage to the underground

facility and provide support to and prevent damage to any underground

facility or its protective coating, in the means and according to the

methods set forth in the rules and regulations adopted by the public

service commission pursuant to section one hundred nineteen-b of the

public service law.

5. In the event of contact with and/or damage to an underground

facility, the excavator shall immediately notify the operator of the

facility and no backfilling shall be done by the excavator until

inspection and/or repairs have been made by the operator and no repairs

shall be undertaken by the excavator until authorized by the operator.

In the event of an electrical short or the escape of gas or hazardous

fluids endangering life, the excavator shall immediately notify the

operator of the electric, gas or hazardous liquid underground facility

and 911, and all persons who might be endangered and assist in the

evacuation of such persons.