GA Code § 25-9-8 (2021)
2021 Georgia Code|Title 25 - Fire Protection and Safety|Chapter 9 - Blasting or Excavating Near Utility Facilities|§ 25-9-8. Treatment of Gas Pipes and Other Underground Utility Facilities by Blasters and Excavators

  Persons engaged in blasting or in excavating with mechanized excavating equipment shall not strike, damage, injure, or loosen any utility facility or sewer lateral which has been staked, flagged, or marked in accordance with this chapter.   When excavating or blasting is to take place within the tolerance zone, the excavator shall exercise reasonable care for the protection of the utility facility or sewer lateral, including permanent markers and paint placed to designate utility facilities. This protection shall include, but not be limited to, at least one of the following based on geographical and climate conditions: hand digging, pot holing, soft digging, vacuum excavation methods, pneumatic hand tools, or other technical methods that may be developed. Other mechanical methods may be used with the approval of the facility owner or operator.   If the precise location of the underground facilities cannot be determined by the excavator, the facility owner or operator thereof shall be notified by the excavator so that the operator and the excavator shall work together to determine the precise location of the underground facilities prior to continuing the excavation.   When conducting trenchless excavation the excavator must exercise reasonable care, as described in subsection (b) of this Code section, and shall take additional care to attempt to prevent damage to utility facilities and sewer laterals. The recommendations of the HDD consortium applicable to the performance of trenchless excavation set out in the document "Horizontal Directional Drilling Good Practice Guidelines," dated May, 2001, are adopted by reference as a part of this subsection to describe such additional care. The advisory committee may recommend to the commission more stringent criteria as it deems necessary to define additional care and the commission is authorized to adopt additional criteria to define additional care.   Any person engaged in blasting or in excavating with mechanized excavating equipment who strikes, damages, injures, or loosens any utility facility or sewer lateral, regardless of whether the utility facility or sewer lateral is marked, shall immediately cease such blasting or excavating and notify the UPC and the appropriate facility owner or operator, if known. Upon receiving notice from the excavator or the UPC, the facility owner or operator shall send personnel to the location as soon as possible to effect temporary or permanent repair of the damage. Until such time as the damage has been repaired, no person shall engage in excavating or blasting activities that may cause further damage to the utility facility or sewer lateral except as provided in Code Section 25-9-12.     (Ga. L. 1969, p. 50, § 7; Code 1981, §25-9-7; Ga. L. 1986, p. 1069, § 1; Ga. L. 1990, p. 805, § 1; Ga. L. 2000, p. 780, § 1; Ga. L. 2005, p. 1142, § 7/SB 274; Ga. L. 2014, p. 652, § 5/SB 117.)    The 2014 amendment,  effective July 1, 2014, rewrote subsection (b); added present subsection (c); and redesignated former subsections (c) and (d) as present subsections (d) and (e), respectively.   Editor's notes.   - This Code section formerly provided for the degree of accuracy required of gas companies in providing pipe location and for the apportionment of liability for inaccurate information. Ga. L. 1986, p. 1069, § 1 in effect renumbered the former Code section as Code Section 25-9-9.   Ga. L. 1986, p. 1069, § 1 in effect renumbered former Code Section 25-9-7 as this Code section.   RESEARCH REFERENCES   ALR.   - Liability of gas company for damage resulting from failure to inspect or supervise work of contractors digging near gas pipes, 71 A.L.R.3d 1174.   Liability of one excavating in highway for injury to public utility cables, conduits, or the like, 73 A.L.R.3d 987.