reglab/housing_qa huggingface dataset:
UT Code § 54-8-25 (2021)
2021 Utah Code|Title 54 - Public Utilities|Chapter 8 - Utah Underground Conversion of Utilities Law|Section 25 - Utilities responsible for work -- May subcontract -- Title to converted facilities retained.

54-8-25. Utilities responsible for work -- May subcontract -- Title to converted facilities retained.    (1) The utility concerned:   (a) shall be responsible for the accomplishment of all construction work to the point of delivery; and     (b) may contract out any part of the construction work as it considers desirable.       (2) Title to the converted facilities shall be at all times solely and exclusively vested in the public utility corporations involved.     (3) The public body, improvement district, or the public generally will not own the facilities at any time and the public is purchasing only the intangible benefits which come from converted facilities, that is the removal of the overhead facilities and replacement by underground facilities.    Amended by Chapter 369, 2008 General Session
UT Code § 54-8-26 (2021)
2021 Utah Code|Title 54 - Public Utilities|Chapter 8 - Utah Underground Conversion of Utilities Law|Section 26 - Notice that service from underground facilities is available -- Consequences of failure to convert overhead facilities.

54-8-26. Notice that service from underground facilities is available -- Consequences of failure to convert overhead facilities.    (1)   (a) If service from the underground public utility is to be made available to all or part of an improvement district area, the governing body of the county or municipality that created the district shall mail a notice to each owner of real property served from existing overhead facilities stating that:   (i) conversion of all facilities owned within the improvement district by a public utility from overhead to underground to the point of delivery is proceeding;     (ii) the property owner is responsible for the changes in the service entrance equipment located on the property to accommodate the conversion of the applicable public utility's facilities from overhead to underground at the point of delivery; and     (iii) each owner shall coordinate with the applicable public utility to make the conversion from overhead to underground service.       (b) In addition to improvement district assessments, the property owner shall bear the expense of the conversion from overhead to underground described in Subsections (1)(a)(ii) and (iii).     (c) Each conversion of overhead facilities to underground facilities shall comply with all applicable state and local laws, ordinances, rules, and regulations, and with all tariffs of the applicable public utility.     (d) The public utility or its contractor shall perform the necessary construction to the point of delivery, unless the public utility authorizes another to perform the construction.       (2)   (a) Failure to have the property owner's service entrance equipment described in Subsection (1)(a)(ii) converted to accommodate underground service within the time that the governing body specifies in writing shall be considered as the property owner's consent to and grant of a construction easement to the county or municipality and as express authority to the county or municipality to arrange for qualified persons to enter upon the lot or parcel for the purpose of making the required changes.     (b) A construction easement under Subsection (2)(a) terminates upon completion of the conversion of overhead facilities to underground.       (3) If the county or municipality arranges for the conversion of the service entrance equipment, all county, municipal, and public utility costs and expenses of the conversion, including the engineering, legal, advertising, and incidental expenses, shall be assessed against the property upon which the service entrance equipment was converted and become a lien upon the property served.    Amended by Chapter 369, 2008 General Session
UT Code § 54-8-27 (2021)
2021 Utah Code|Title 54 - Public Utilities|Chapter 8 - Utah Underground Conversion of Utilities Law|Section 27 - Bill for conversion costs -- Not to exceed estimate -- Payment within 30 days -- Accounting procedures.

54-8-27. Bill for conversion costs -- Not to exceed estimate -- Payment within 30 days -- Accounting procedures.  Upon completion of the conversion contemplated by this chapter, the public utility corporation shall present the governing body with its verified bill for conversion costs as computed pursuant to Section 54-8-24 but based upon the actual cost of constructing the underground facility rather than the estimated cost of the facility. In no event shall the bill for conversion cost presented by the public utility corporation exceed the amount of estimated conversion costs by the public utility corporation. In the event the conversion costs are less than the estimated conversion costs, each owner within the improvement district shall receive the benefit, prorated in such form and at such time or times as the governing body may determine. The bill of the public utility corporation shall be paid within 30 days by the governing body from the improvement district funds. In determining the actual cost of constructing the underground facility the public utility shall use its standard accounting procedures, such as the Uniform System of Accounts as defined by the Federal Communications Commission or the Federal Power Commission and as is in use at the time of the conversion by the public utility involved.  Enacted by Chapter 157, 1969 General Session
UT Code § 54-8-28 (2021)
2021 Utah Code|Title 54 - Public Utilities|Chapter 8 - Utah Underground Conversion of Utilities Law|Section 28 - Additional overhead facilities prohibited -- Exception.

54-8-28. Additional overhead facilities prohibited -- Exception.  Once removed, no overhead electric or communication facilities shall be installed within the boundary of a local improvement district for conversion of overhead electric and communication facilities in nominal voltages of less than 35,000 volts.  Enacted by Chapter 157, 1969 General Session
UT Code § 54-8-29 (2021)
2021 Utah Code|Title 54 - Public Utilities|Chapter 8 - Utah Underground Conversion of Utilities Law|Section 29 - Jurisdiction over public utilities.

54-8-29. Jurisdiction over public utilities.  Nothing contained in this chapter shall vest any jurisdiction over public utilities in the governing bodies. The Public Service Commission of Utah shall retain all jurisdiction now or hereafter conferred upon it by law.  Enacted by Chapter 157, 1969 General Session
UT Code § 54-8-30 (2021)
2021 Utah Code|Title 54 - Public Utilities|Chapter 8 - Utah Underground Conversion of Utilities Law|Section 30 - Commencement of conversion -- When required.

54-8-30. Commencement of conversion -- When required.  If an improvement district is established pursuant to this chapter, the public utility corporations involved shall not be required to commence conversion until the ordinance, the assessment roll and issuance of bonds have become final and no civil action has been filed or if civil action has been filed, until the decision of the court upon the action has become final and is not subject to further appeal.  Enacted by Chapter 157, 1969 General Session
UT Code § 54-8a-3 (2021)
2021 Utah Code|Title 54 - Public Utilities|Chapter 8a - Damage to Underground Utility Facilities|Section 3 - Information filed with county clerk.

54-8a-3. Information filed with county clerk.    (1) An operator shall file with the county clerk of a county in which the operator has an underground facility the following:   (a) the name of each municipality, city, or town in which the operator has an underground facility within that county;     (b) the operator's name;     (c) the title, telephone number, and address of the operator's representative designated to receive calls regarding excavation; and     (d) a statement concerning whether the operator is a member of an association and, if the operator is a member of an association, the name of and contact information for the association.       (2) In a county where an association is established, the association shall file its telephone number and a list of its members who are operators with the county clerk on behalf of any participating operator.    Amended by Chapter 344, 2008 General Session
UT Code § 54-8a-3.5 (2021)
2021 Utah Code|Title 54 - Public Utilities|Chapter 8a - Damage to Underground Utility Facilities|Section 3.5 - Excavation-related information included with construction and building permit.

54-8a-3.5. Excavation-related information included with construction and building permit.  An entity issuing a permit for building or construction that may require excavation may, and is encouraged to, include a notice on or with a permit stating, "Attention, Utah law requires any excavator to notify the owner of underground facilities 48 hours before excavating and comply with Utah Code Title 54, Chapter 8a, Damage to Underground Utility Facilities."  Enacted by Chapter 344, 2008 General Session
UT Code § 54-8a-5.5 (2021)
2021 Utah Code|Title 54 - Public Utilities|Chapter 8a - Damage to Underground Utility Facilities|Section 5.5 - Determining the precise location of marked underground facilities.

54-8a-5.5. Determining the precise location of marked underground facilities.    (1) An excavator may not use any power-operated or power-driven excavating or boring equipment within 24 inches of the markings made in accordance with Section 54-8a-5 unless:   (a) the excavator determines the exact location of the underground facility by excavating with hand tools to confirm that the excavation will not damage the underground facilities; or     (b) the operator provides an excavator with written or electronic notice waiving the requirement that the excavator determine the exact location of the underground facilities by excavating with hand tools.       (2) Power-operated or power-driven excavating or boring equipment may be used for the removal of any existing pavement if there is no underground facility contained in the pavement, as marked by the operator.    Amended by Chapter 426, 2011 General Session
UT Code § 54-8a-5.8 (2021)
2021 Utah Code|Title 54 - Public Utilities|Chapter 8a - Damage to Underground Utility Facilities|Section 5.8 - Excavator access.

54-8a-5.8. Excavator access.  An excavator may enter or access an owner's property or dwelling to locate a sewer lateral with the owner's permission.  Enacted by Chapter 209, 2009 General Session
UT Code § 54-8a-6 (2021)
2021 Utah Code|Title 54 - Public Utilities|Chapter 8a - Damage to Underground Utility Facilities|Section 6 - Duties and liabilities of an excavator.

54-8a-6. Duties and liabilities of an excavator.    (1) Damage to an underground facility by an excavator who excavates but fails to comply with Section 54-8a-4, is prima facie evidence that the excavator is liable for any damage caused by the negligence of that excavator.     (2)   (a) An excavator is not liable for a civil penalty under this chapter if the excavator has:   (i) given proper notice of the proposed excavation as required in this chapter;     (ii) marked the area of the proposed excavation as required in Section 54-8a-4;     (iii) complied with Section 54-8a-5.5; and     (iv) complied with Section 54-8a-7.       (b) An excavator is liable for damage incurred by an operator if:   (i) the operator complies with Section 54-8a-5; and     (ii) the damage occurs within 24 inches of the operator's markings or the physical presence of an above ground facility, including a manhole, meter, or junction box.        Amended by Chapter 426, 2011 General Session
UT Code § 54-8a-7 (2021)
2021 Utah Code|Title 54 - Public Utilities|Chapter 8a - Damage to Underground Utility Facilities|Section 7 - Notice of damage -- Repairs.

54-8a-7. Notice of damage -- Repairs.    (1) If an excavator contacts or damages an underground facility, the excavator shall:   (a) immediately notify the appropriate operator and then proceed in a manner that is reasonably calculated to avoid further damage to the underground facility; and     (b) immediately call 911 if the excavation may result in an immediate risk to human life.       (2) Upon receipt of notice, the operator shall immediately examine the underground facility, and, if necessary, make repairs.    Amended by Chapter 344, 2008 General Session
UT Code § 54-8a-7.5 (2021)
2021 Utah Code|Title 54 - Public Utilities|Chapter 8a - Damage to Underground Utility Facilities|Section 7.5 - Third-party damages caused by failure to locate.

54-8a-7.5. Third-party damages caused by failure to locate.    (1) If an operator fails to locate a facility as required by this chapter and an excavator damages another operator's facility of a similar size and appearance that fits surface markings as required by Subsection 54-8a-5(1)(b), the operator who failed to locate its facility is liable for the costs of damage to the facility caused by the excavator if:   (a) the excavator complies with Sections 54-8a-4, 54-8a-5.5, and 54-8a-6; and     (b) the excavator demonstrates that the damage is the direct result of the operator's failure to locate its facility.       (2) An excavator who damages a third-party operator's facility as described in Subsection (1):   (a) shall pay for the costs of repairing the damaged facility; and     (b) may seek recovery of the costs of damage from the operator who failed to mark its facility.       (3) Resolution of a dispute under this section may be in accordance with Section 54-8a-13.    Enacted by Chapter 426, 2011 General Session
UT Code § 54-8a-9 (2021)
2021 Utah Code|Title 54 - Public Utilities|Chapter 8a - Damage to Underground Utility Facilities|Section 9 - Association for mutual receipt of notice of excavation activities.

54-8a-9. Association for mutual receipt of notice of excavation activities.    (1)   (a)   (i) Two or more operators may form and operate a statewide association providing for mutual receipt of notice of excavation activities.     (ii) If an association is operational, notice to the association shall be given pursuant to Section 54-8a-4.       (b)   (i) If an association is formed, each operator with an underground facility in the area shall become a member of the association and participate in it to:   (A) receive a notice of a proposed excavation submitted to the association;     (B) receive the services furnished by it; and     (C) pay its share of the cost for the service furnished.       (ii) If an operator does not comply with Subsection (1)(b)(i) and Section 54-8a-5, the operator is liable for damages incurred by an excavator who complies with this chapter's requirements.       (c) An association whose members or participants have underground facilities within a county shall:   (i) file a description of the geographical area served by the association; and     (ii) file the name and address of every member and participating operator with the county clerk.         (2) An association receiving notice as provided in Subsection 54-8a-4(1) shall:   (a) notify members and participants in the relevant geographic area within 24 hours after receiving notice from the person who proposes to excavate; and     (b) maintain a record of any notice received for a period of five years to document compliance with the requirements of this chapter.       (3) An association contacted by a public agency to identify a utility company, in accordance with Section 54-3-29, shall provide the public agency with a list, including contact information to the extent available, of each utility company of which the association is aware that has a utility facility within the area identified by the public agency.    Amended by Chapter 272, 2010 General Session
UT Code § 54-8a-9.5 (2021)
2021 Utah Code|Title 54 - Public Utilities|Chapter 8a - Damage to Underground Utility Facilities|Section 9.5 - Inspection of records.

54-8a-9.5. Inspection of records.  The books and records of an association shall be open to inspection by its members during normal business hours upon 48 hours advance notice.  Enacted by Chapter 198, 1998 General Session
UT Code § 54-8a-10 (2021)
2021 Utah Code|Title 54 - Public Utilities|Chapter 8a - Damage to Underground Utility Facilities|Section 10 - Installation of nonmetallic facilities.

54-8a-10. Installation of nonmetallic facilities.  Any operator installing a nonmetallic facility, such as a sewer, water, or fiber optic line, shall install the nonmetallic facility so that it can be located with standard underground facility detection devices or in a concrete conduit system.  Amended by Chapter 344, 2008 General Session
UT Code § 54-8a-10.5 (2021)
2021 Utah Code|Title 54 - Public Utilities|Chapter 8a - Damage to Underground Utility Facilities|Section 10.5 - Installation and location of sewer lateral cleanouts -- Records.

54-8a-10.5. Installation and location of sewer lateral cleanouts -- Records.    (1)   (a) An operator or person installing or replacing a sewer lateral cleanout beginning August 1, 2009 shall install or replace the sewer lateral cleanout in a manner so that the lateral can be located, including:   (i) house sheets; or     (ii) electronic markers.       (b) An operator or person installing a sewer lateral cleanout shall notify the sewer operator of the sewer lateral cleanout location for record keeping purposes.       (2) Beginning on August 1, 2009, a sewer operator shall maintain records identifying where all new, replaced, or contractor-identified sewer lateral cleanouts are located within the sewer operator's jurisdiction.     (3)   (a) A sewer operator shall provide to an excavator information in the sewer operator's possession pertaining to a sewer lateral cleanout location within the sewer operator's jurisdiction.     (b) The sewer operator shall provide the information within 48 hours of the excavator's request.      Enacted by Chapter 209, 2009 General Session
UT Code § 54-8a-11 (2021)
2021 Utah Code|Title 54 - Public Utilities|Chapter 8a - Damage to Underground Utility Facilities|Section 11 - Applicability of federal law.

54-8a-11. Applicability of federal law.  The following persons or entities are subject to the provisions of Title 49, Code of Federal Regulations, Part 198, Regulations for Grants to Aid State Pipeline Safety Programs, including those provisions relating to damage to underground facilities:  (1) an operator, to the extent subject to the Pipeline Safety Improvement Act of 2002, 49 U.S.C. 60101 et seq.;     (2) an excavator; and     (3) a person who operates an association.    Amended by Chapter 340, 2011 General Session
UT Code § 54-8a-12 (2021)
2021 Utah Code|Title 54 - Public Utilities|Chapter 8a - Damage to Underground Utility Facilities|Section 12 - Enforcement -- Attorney general.

54-8a-12. Enforcement -- Attorney general.    (1)   (a) The attorney general may bring an action in the district court located in the county in which the excavation is located to enforce this chapter.     (b) The right of any person to bring a civil action for damage arising from an excavator's or operator's actions or conduct relating to underground facilities is not affected by:   (i) a proceeding commenced by the attorney general under this chapter; or     (ii) the imposition of a civil penalty under this chapter.       (c) If the attorney general does not bring an action under Subsection (1)(a), the operator or excavator may pursue any remedy, including a civil penalty.       (2) Any civil penalty imposed and collected under this chapter shall be deposited into the General Fund.    Enacted by Chapter 344, 2008 General Session
UT Code § 54-8a-13 (2021)
2021 Utah Code|Title 54 - Public Utilities|Chapter 8a - Damage to Underground Utility Facilities|Section 13 - Underground Facilities Damage Dispute Board -- Arbitration -- Relationship with Public Service Commission.

54-8a-13. Underground Facilities Damage Dispute Board -- Arbitration -- Relationship with Public Service Commission.    (1) There is created within the commission the Underground Facilities Damage Dispute Board to arbitrate a dispute arising from:   (a) an operator's or excavator's violation of this chapter; and     (b) damage caused by excavation during an emergency.       (2) The board consists of five members appointed by the governor as follows:   (a) one member from a list of names provided to the governor by a group representing operators;     (b) one member from a list of names provided to the governor by the Associated General Contractors;     (c) one member from a list of names provided to the governor by Blue Stakes of Utah;     (d) one member from a list of names provided to the governor by the Utah Home Builders Association; and     (e) one member from the Division of Public Utilities.       (3)   (a) A member of the board:   (i) shall be appointed for a three-year term; and     (ii) may continue to serve until the member's successor takes office.       (b) At the time of appointment, the governor shall stagger the terms of the members to ensure that approximately 1/3 of the members of the board are reappointed each year.     (c) A vacancy in the board shall be filled:   (i) for the unexpired term; and     (ii) in the same manner as the board member is initially appointed.       (d) The board shall select an alternate for a specific board member to serve on a specific case if it becomes necessary to replace a member who has a conflict of interest because a dispute involves that member or that member's employer.       (4) Three members of the board constitute a quorum.     (5) The board may, upon agreement of the disputing parties, arbitrate a dispute regarding damages, not including personal injury damages, arising between:   (a) an operator;     (b) an excavator;     (c) a property owner; or     (d) any other interested party.       (6) At least four members of the board shall be present and vote on an arbitration decision.     (7) An arbitration before the board shall be consistent with Title 78B, Chapter 11, Utah Uniform Arbitration Act.     (8) The prevailing party in an arbitration conducted under this section shall be awarded its costs and attorney fees in an amount determined by the board.     (9) A member may not receive compensation or benefits for the member's service, but may receive per diem and travel expenses in accordance with:   (a) Section 63A-3-106;     (b) Section 63A-3-107; and     (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and 63A-3-107.       (10) The commission shall provide administrative support to the board.    Amended by Chapter 286, 2010 General Session
UT Code § 54-8b-1 (2021)
2021 Utah Code|Title 54 - Public Utilities|Chapter 8b - Public Telecommunications Law|Section 1 - Title.

54-8b-1. Title.  This chapter is known as the "Public Telecommunications Law."  Amended by Chapter 269, 1995 General Session