§ 34–2705. Requirements of person responsible for excavation or demolition.

(a) In addition to the requirements of § 34-2704, each person responsible for an excavation or demolition operation shall:

(1) Plan the excavation or demolition to avoid damage to or minimize interference with underground facilities in and near the construction area;

(2) Maintain a clearance between an underground facility and the cutting edge or point of any mechanized equipment, taking into account the known limit of control of such cutting edge or point as may be reasonably necessary to avoid damage to such underground facility; and

(3) Provide such support for underground facilities in and near the construction area, including support during backfilling operations, as may be reasonably necessary for the protection of such facilities.

(b) If a facility is damaged, under no circumstances shall a contractor backfill an excavation without first receiving permission from the utility operator whose facility was damaged.

(c) Nothing in this chapter shall excuse the failure to obtain a permit to excavate in public space in compliance with § 9-431.01.

(d) Persons and operators excavating for routine maintenance, including patch-type paving, will not be required to comply with the notification and marking procedures of this chapter, if they excavate within the limits of the original excavation, and if the excavation does not exceed 12 inches in depth below the grade existing prior to said excavation.

(e) If a person engaged in or preparing to engage in excavation or demolition observes evidence of the presence of an unmarked underground facility in the area of a planned or ongoing excavation or demolition or observes a discrepancy between the marked or unmarked underground facilities, the person may not begin or continue the excavation or demolition unless the person:

(1) Has repeated the notification to the one-call center required by § 34-2704; and

(2) Has received notification from the one-call center that the notices from the utility operators required by § 34-2704(c)(3) have been provided.