On January 1, 1998, revisions to the Underground Utility Damage Prevention Laws took effect. In addition to certain editorial changes, the revisions clarify the definitions of "excavate," "excavator," and "underground facility." New provisions include increased penalties for repeat offenders, and voluntary pre-marking.

    The revised definition of "excavator" states:

"excavate, excavating, or excavation means any operation conducted in a public way, right-of-way, easement, public street, or other public place, in which the earth, rock, or other material in the ground is moved, removed, or otherwise displaced by means of any tools, equipment, or explosive, and includes but is not limited to drilling, grading, boring, milling, trenching, tunneling, scraping, tree and root removal, cable or pipe plowing, fence or sign post installation, pile driving, wrecking, razing, rending or moving any structure or mass material..."

    The purpose of the law is to protect excavators, the general public, and utilities from damage that occurs during excavation. The types of activities noted in the definition have created damage and injury.

    "Emergency Situations" are conditions for whom strict adherence to the notification procedures might impair public safety, or compromise the adequacy of public service. In such situations, the excavator must contact DigSafe "as soon as practicable during the emergency situation."

    There was a considerable disagreement over how long a Dig-Safe number was valid. The revised law clearly states: "The excavator’s notification shall be valid for 30 calendar days from the date and time of confirmation of notification by the underground utility damage prevention system." A specified time period ensure that the excavation will occur before the markings have had a chance to erode.

    The new voluntary pre-marking provisions were added to assist in communicating where an actual excavation is to occur. Methods include pre-marking the proposed excavation in white, on-site pre-construction meetings, or issuing of plans prior to notifying Dig-Safe. Using pre-marking can decrease callbacks to the excavator, and allows for the placement of paint and flags only where necessary.

    Very few changes have been made to the law itself. Most of the wording changes clarify the original intent of the law. The New Hampshire Public Utilities Commission enforces the law, and can be reached at 271-6022 for specific questions related to the law or enforcement procedures.

Or go to the DigSafe Website

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