19981110 1998-34ORDINANCE NO. 1998- 34
AN ORDINANCE AMENDING CHAPTER 7,
ARTICLE I, SECTIONS 7-4 THROUGH
7-8 OF THE CODE OF THE CITY OF
FAIRFAX, VIRGINIA.
WHEREAS, the public health, safety and welfare may be
negatively impacted by improper excavation for utility
line installation and maintenance; and
WHEREAS, after introduction of an ordinance and a
public hearing, the City Council is of the opinion that
Chapter 7, Article I of the Code of the City of
Fairfax, should be amended to reflect appropriate
penalties for failure to follow required methods and
procedures and other minor corrections and
clarifications as proposed.
1. NOW, THEREFORE, BE IT ORDAINED, by the City
Council of the City of Fairfax, Virginia, that Sections
7-4 through 7-8 of the Code of the City of Fairfax,
Virginia are hereby amended in their entirety as
follows:
Sec. 7-4 Violations and penalties generally.
(a) Whoever violates any provision of this chapter
may be deemed guilty of a civil violation which may be
punishable by a fine not to exceed twenty-five hundred
dollars ($2,500.00) or as otherwise provided for in the
Code of Virginia.
(b) If, during excavation or demolition, an
underground utility line is damaged by any person who
has failed to comply with any provision of this
chapter, any permit acquired through the city to
perform work related to such excavation or demolition,
including permits for building, grading, blasting,
plumbing, electrical or mechanical, may be revoked and
any fees paid to the city for such permit may be
forfeited. In order to continue work, a new
application for a permit, if revoked, must be filed;
plans of the proposed excavation or demolition must be
reexamined; the location of all existing utility lines
must be verified in writing by each operator having
facilities in the area of proposed excavation or
demolition; and new fees, if forfeited, must be paid.
(c) Any person who is convicted of violating any
provision of this chapter which resulted in damage to
an existing utility line shall be subject to suspension
or revocation of any license or permit issued by the
city to perform related work for a period not to exceed
twelve (12) months. Furthermore, no subsequent permits
or licenses to perform such related work shall be
issued to such convicted persons during that suspension
or revocation period. (Ord. No. 1973-21)
1998-34
Sec. 7-5 Effect of chapter on additional regulations.
No provision of this chapter shall exempt any
person from complying with the requirements and
provisions of any existing federal, state or local
ordinances, regulations or policies, including, but not
limited to, those of this Code, the State Corporation
Commission, the Office of Pipeline Safety of the U.s.
Department of Transportation or the U.S. Department of
Labor. (Ord. No. 1973-21, 9-11-73, ~9B-7)
Sec. 7-6 Administration and enforcement of chapter.
The administrative authority of this chapter shall
be vested in the director of public works and such duly
appointed agents as may be authorized by him, any one
of whom may perform the tasks and may make inspections
required by this chapter, and may take such steps as
may be reasonably necessary to enforce its provisions.
(Ord. No. 1973-21, 9-11-73, ~ 9B-8)
ARTICLE II. CONTRACTORS GENERALLY
Sec. 7-7. Applicability of article.
(a) The requirements of this article shall not
apply to any property owner who, without the aid of a
contractor, is performing excavation or demolition
within the boundaries of his property which does not
otherwise require the acquisition of any permit issued
by the city. The term "contractor" shall apply to any
owner who does not satisfy all of the stipulations
contained in this subsection.
(b) The requirements of section 7-8 shall not
apply to any person acting as or for the operator of a
damaged line in making repairs to its own underground
facilities or repairs to the streets or alleys
themselves in a condition of emergency when such
repairs must be made within a shorter period of time
than that provided for in subsection (a) of section 7-
8; provided, however, that this exemption from
obtaining information shall not excuse the person
making the excavation from any liability for damages
caused by his negligence. (Ord. No. 1973-21, 9-11-73, ~
9B-9)
Sec. 7-8. Notice of impending excavations, etc.
(a) Contractors shall notify all operators who
maintain underground utility lines in the area of the
proposed excavation or blasting, at least two working
days, but not more than ten working days prior to
commencement of such excavation or demolition. This
notification shall consist, at a minimum, of the
following:
(1) The contractor's name and telephone
number.
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1998-34
(2) The name of the person for whom the
proposed work is being done.
(3) The date and approximate time work is to
commence.
(4) The location and approximate depth of
proposed work.
(5) The nature of work to be done.
(6) The contractor's field representative or
field contact, if any.
(7) Emergency contacts, 24 hours a day, 7
days a week.
(8) Any special remarks.
(b) The telephone number to be utilized for
serving notice to operators as required in subsection
(a) of this section shall be located at least on the
approved site plan, subdivision plan or engineering
plan which is to be at the site during excavation or
demolition as required in subsection (c) of section 7-
9.
(c) It shall be unlawful for any contractor to
commence excavation or demolition on any property
without first receiving clearance for excavation from
each operator as provided in subsection (a) of section
7-10. (Ord. No. 1973-21, 9-11-73, ~ 9B-10.)
2. This ordinance shall become effective as provided
by law.
INTRODUCED: October 27, 1998
PUBLIC HEARING: November 10, 1998
ADOPTED: November 10, 1998
Vote:
Councilman Coughlan
Councilman Greenfield
Councilman Lederer
Councilman Peterson
Councilman Rasmussen
Councilman Silverthorne
absent
aye
aye
aye
aye
aye
ATTEST:
~ City Clerk
Mayor
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