Page 11 - West Virgina 811 Magazine 2021 Issue 4

reasonably necessary for the protection of such facilities. Temporary support and backfill shall provide support for such facilities at least equivalent to the previously existing support.
B. If any underground facility is damaged by a person who has failed to comply with any provision this section, that person is liable to the operator of the underground facility for the total cost to repair the damage in an amount equal to that as is normally computed by the operator, provided that the operator:
(1) Is a member at the One Call System covering the area in which the damage to the facility takes place; and
(2) Upon receiving the proper notice
in accordance with this article. has complied with the provisions of section three of this article: provided that a member is not barred from recovering costs solely for its own failure to comply with subdivision (1) subsection (d) of said section three, but shall have his or her right to recover, if any, determined by common law, if the conditions of subsection (f) of said section three are met. The liability of such person for such damage is not limited by reason of this article.
C. If any excavation or demolition causes damage to any underground facilities owned by an operator who is not required to be a member of a One Call System, and who is not a member of such a system at the time of damage, the liability of the person causing such damage shall be determined solely by applicable principles of common law.
D. If any excavation or demolition causes damage to any other person or properly, the liability of the person causing damage shall be determined solely by applicable principles of common law.
E. Any person who fails to notify the One Call System prior to performing any excavation or demolition or fails
to follow the reporting provisions of this section, or who violates any other provision of this section. shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $5,000.00.
F. Nothing in this chapter may be construed to restrict or expand the rights, duties and liabilities provided in common law or by other provisions
of this code of all operators who is not required to be a member of a One Call System and who is not a member of such a system.
§24C-1-6. Standard Color Code for Temporary Markings.
Temporary marking provided by operators and excavators to indicate the approximate location of underground facilities and work site boundaries shall utilize the following color code:
Facility Type & Identifying Color
• Electrical power distribution and transmission (Safety Red)
• Municipal electric systems (Safety Red)
• Gas distribution and transmission (High Visibility Safety Yellow)
• Oil and petroleum transmission (High Visibility Safety Yellow)
If any
• Dangerous materials, product lines and steam lines (High Visibility Safety Yellow)
• Telephone and telegraph systems (Safety Alert Orange)
• Police and fire communications (Safety Alert Orange)
person or
• Cable television (Safety Alert Orange)
• Water systems (Safety Precaution Blue)
• Slurry systems (Safety Precaution Blue)
• Sewer systems (Safety Green)
• Proposed excavations (White)
§24C-1-7. Exceptions During Emergencies.
A. Compliance with tile notification requirements of section five of this article is not required of any person engaging in excavation or demolition in the event of an emergency: provided that the person gives oral notification of the emergency work as soon as reasonably practicable to the One Call System.
person
B. During any emergency, excavation or demolition may begin immediately: provided, that reasonable precautions are taken to protect underground facilities: provided, however, that such precautions may not serve to relieve the excavator from liability for damage to underground facilities. The One Call System shall accept all emergency notifications and shall provide
of common
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2021, Issue 4
West Virginia 811 • 9
excavation
or
demolition
causes
damage to
any other
property,
the liability
of the
causing
damage
shall be
determined
solely by
applicable
principles
law.