{"data":{"id":"us-ky/krs-367.4911","jurisdiction":"us-ky","citation":"KRS 367.4911","heading":"Excavator or person responsible for excavation to notify operator's","body":"notification center of work schedule -- Duties of entities responsible for\nexcavation and demolition.\n(1) (a) Each excavator, or person responsible for an excavation, pl anning excavation,\nor demolition work shall, not less than two (2) full working days nor more\nthan ten (10) full working days prior to commencing work, unless a future\nstart date is agreed upon as provided in KRS 367.4917(7), notify each affected\noperator's designated protection notification center of the excavator's intended\nwork and work schedule.\n(b) The two (2) full working days provided for in paragraph (a) of this subsection\nhave elapsed if all affected operators have notified the person.\n(2) Locate r equests are valid for twenty -one (21) calendar days from the day of the\ninitial request.\n(3) Each excavator shall provide each applicable protection notification center with\nadequate information regarding:\n(a) Name and phone number of the excavator or pers on requesting the\nunderground facility locate;\n(b) Approximate location and type of work being performed by the excavator,\nincluding if the request involves a fiber -to-the-premises broadband\ndeployment excavation;\n(c) Name and phone number of work site contact;\n(d) Estimated start date and start time of excavation; and\n(e) The excavation or demolition site location or locations, each of which shall\nnot exceed five thousand (5,000) feet in length unless the excavator and\noperator agree to a larger area, the city or community, county and street\naddress, including the nearest cross street.\n(4) If more than one (1) excavator will operate at the same site, each excavator shall\nnotify the protection notification centers individually. Notification by an excavator\nwill serve as notification for any of that excavator's employees. Failure by an\nexcavator to notify the protection notification center does not relieve individual\nemployees of responsibility.\n(5) The excavator shall inform and provide to excavation or demolition site employees:\n(a) The underground facility location provided by each operator;\n(b) Any related safety information provided by each operator; and\n(c) The locate request identification number assigned by each protection\nnotification center.\n(6) The excavator shall protect and preserve temporary underground facility markers\nuntil the scheduled excavation or demolition is completed.\n(7) If, after the response time provided by KRS 367.4909(5), the excavator finds\nevidence of an unmarked underground facility at the site, he or she shall\nimmediately notify a protection notification center. When an excavator has\ncomplied with subsection (1) of this section and evidence of an unmarked\nunderground facility is uncovered, the operator shall have six (6) bus iness hours to\nidentify the underground facility.\n(8) The excavator shall contact the protection notification center to request remarking\ntwo (2) working days in advance of the expiration of each twenty -one (21) day\nperiod while excavation or demolition continues or if:\n(a) The markings of any underground facility have been removed or are no longer\nvisible; or\n(b) The excavator has changed the work plan or location previously filed.\n(9) (a) Each excavator who conducts or is responsible for any excavation or\ndemolition that results in underground facility damage shall cease excavation\nor demolition activities and notify all affected operators of the location and\nnature of the underground facility damage immediately upon discovery of the\ndamage.\n(b) Any indivi dual or entity that is otherwise exempt from the requirements of\nKRS 367.4901 to 367.4917 under KRS 367.4915, who conducts or is\nresponsible for any excavation or demolition that results in underground\nfacility damage to an underground facility or system u sed for producing,\nstoring, conveying, transmitting, or distributing gas, petroleum, petroleum\nproducts, or hazardous liquids, shall cease excavation or demolition activities\nand notify all affected operators of the location and nature of the underground\nfacility damage immediately upon discovery of the damage.\n(c) If the underground facility damage causes concern for public or workplace\nsafety, the excavator, or the individual or entity that is otherwise exempt from\nthe requirements of KRS 367.4901 to 367. 4917 under KRS 367.4915, shall\nnotify appropriate public safety agencies of the location and nature of the\nsafety concern.\n(d) If the underground facility damage results in the escape or suspected escape of\nany flammable, toxic, or corrosive gas or liquid,  the excavator, or the\nindividual or entity that is otherwise exempt from the requirements of KRS\n367.4901 to 367.4917 under KRS 367.4915, shall cease excavation or\ndemolition activities and immediately report to the appropriate authorities by\ncalling 911 emergency telephone number.\n(10) When excavation or demolition is necessary within the tolerance zone, the\nexcavator shall hand -dig or use nonintrusive means to avoid damage to the\nunderground facility, except that mechanized equipment may be used:\n(a) To remove the pavement or other manmade hard surface if used during the\ninitial penetration only to the depth necessary and if an individual other than\nthe equipment operator visually monitors the excavation activity;\n(b) To remove indigenous rock if used dur ing the initial penetration only to the\nextent necessary, if an individual other than the equipment operator visually\nmonitors the excavation activity, and if the excavation is planned to avoid\ndamage to the underground facility. However, if the undergroun d facility\ncontains flammable, toxic, corrosive, or hazardous products, the excavator\nshall notify the facility owner of the excavator's intent prior to removing\nindigenous rock;\n(c) To remove materials that are more than twelve (12) inches in any directio n\nfrom the outer edge of the located facility if the excavator visually identifies\nthe precise location of the underground facility or visually confirms that no\nfacility is present within the depth of the excavation, if an individual other\nthan the equipme nt operator visually monitors the excavation activity, and if\nthe excavation is planned to avoid damage to the underground facility; and\n(d) To place shores into an existing excavation or remove shores from an existing\nexcavation.\n(11) Upon request by an o perator or when the proposed excavation location cannot be\naccurately identified, an excavator shall mark the boundaries of the location to be\nexcavated using the procedure set forth in KRS 367.4909(10)(k). After marking the\nboundaries, the excavator shall  contact the protection notification center or centers.\nThe requirements of KRS 367.4909(5) to (11) are reestablished upon the operator\nreceiving notification of this marking from the protection notification center or\ncenters. This marking shall not alter,  or relieve the excavator from complying with,\nthe requirements of KRS 367.4905 to 367.4917.\n(12) If an operator has failed to give a positive response within the timeframes provided\nin KRS 367.4909(5), the excavator shall submit a second notice to the pro tection\nnotification center. If one (1) working day after receiving a second notice request as\nprovided in KRS 367.4909(6), the operator has still failed to give a positive\nresponse, an excavator that has fully complied with this section shall not be deeme d\nliable for any damages to an underground facility that would have been located if\nthe operator had complied with the operator's duties under KRS 367.4909, except\nfor damages to a person or an underground facility due to negligence or intentional\nmisconduct of an excavator. This subsection shall not apply to any underground\nfacility used to transport gas or hazardous liquid subject to the federal pipeline\nsafety laws, 49 U.S.C. secs. 60101 et seq.","path":["KRS Chapter 367"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=51780","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:59:04Z","sha256":"83caf16572a8545c6ce7cd1de8651117f76eb7ddafe30769a168edd26bdc91c0","source_id":"us-ky","stale":false,"prev":"us-ky/krs-367.4909","next":"us-ky/krs-367.4913"},"notice":"GroundRules: Original legal text. Not legal advice."}