N.H. Admin. Code § Puc 805.03 - Emergency Situations

(a) If necessary to respond in an emergency situation, an excavator may begin an excavation without notifying the notification center prior to excavation as required by Puc 805.01, but shall notify the notification center at the earliest practicable moment.

(b) In notifying the notification center of excavation or intended excavation in an emergency situation, the excavator shall specifically identify the dangerous condition involved.

(c) An excavator who excavates in an emergency situation shall not be liable for a failure to notify the notification center as required by Puc 805.01.

(d) Nothing in this section shall relieve the excavator from liability if:

(1) The excavator damages an underground facility which has been properly marked;

(2) The excavator damages an underground facility which has not been marked; or

(3) The excavation does not qualify as an emergency excavation.

(e) No excavator shall indicate to the notification center or to an operator or member of the notification center that owns or operates an underground facility that an event constitutes an emergency situation unless the excavator believes in good faith that the circumstances do constitute an emergency situation.

(f) If the parties request, pursuant to Puc 200, a determination by the commission as whether a situation is, or was, an emergency situation, the commission shall make such a determination based on a review of the facts of the situation and the definition of emergency situation.

Notes

N.H. Admin. Code § Puc 805.03

#5616, eff 4-20-93, EXPIRED: 4-20-99

New. #7259, INTERIM, eff 5-2-00, EXPIRES: 8-30-00; ss by #7350, eff 8-23-00; ss by #7900, eff 5-29-03; ss by #9318, eff 11-8-08

Amended by Volume XXXVII Number 10, Filed March 9, 2017, Proposed by #12102, Effective 2/8/2017, Expires 2/8/2027.