19730911 1973-21 ORDINANCE No. 1973-21
ADOPTION OF AN ~ TO THE CODE OF
~HE CITY OF FAIRFAX, VIRGINIA
BY PROVIDIMS ANEW CHAFIER TO BE ~AS CHAPTER 9B
At a regular meeting of the City Council of the City of
Fa~rfax, Virginia held on Tuesday, September 11, 1973, the Council after
having first given notice of its intentions to do so in the manner
prescribed by law adopted the followiog amendments to the Code of the
City of Fairfax by providing a new Chapter as follows:
BE IT O~ BY THE CITY COUNCIL OF THE CITY OF
FAIRFAX, VIRGINIA:
CHAPTER 9B
Section 9B-1.
Section 9B-2.
(a)
Co)
Section 9B-3
(a)
Co)
Section 9B-4
EXCAVATION AND UTILITY LINE INSTAT.I ATION
Purpose.
The purpose of this ordinance is to emmmrate the policies
of the City of Fairfaxin the preventionof construction
related accidents resulting in and/or frcm utility line
disruptions.
Goals and Objectives.
This ordinance is enacted in order to:
Protect persons and property from death or injury which
may result from the destruction of, disruption of, or
damage to underground utility lines during excavation
or demolition.
Protect the health, safety and general welfare of the
conmunitybypreventing the interruption of essential
services resulting from the destruction of, disruption
of, or ~ge to underground utility lines during
excavation, installation or demolition.
Scope.
The scope of this ordinance is intended to enccmpass:
Ail utility operators serving any portion of, or
maintaining any utility line within, the City of Fairfax,
and the representatives thereof.
Ail contractors performing den~lition or excavation on
any private property, public right-of-way, or public
easenent within the City of Fairfax.
Definitions.
As used in the content of this ordinance:
(a) Blasting. The use of an explosive to excavate.
1973-21
(b)
(c)
(e)
(f)
(g)
(h)
(i)
(j)
(k)
(1)
Section 9B~-5
(a)
Contractor. Any person, including a sub-contractor,
who contracts with an operator or property owner,
public or private, for the purpose of engaging in,
among other things, excavation, demolition or blasting.
Demolition. The razing of any structure above the
existing grade, or the demolition of any structure below
the existing grade.
Emergency. Any condition which may cause an interruption
of essential services resulting from the destruction of,
disruption of, or damage to underground utility lines.
(Emergency is classified as less severe than Hazardous.)
Excavate. Excavate or excavation means the movement or
removal of earth using mechanized equipment or blasting
and includes augering, backfilling, digging, ditching,
breaking, pulling-in, ripping, scraping, dredging~
tunneling, drilling, grading or either of them.
Hazardous. Any condition which may cause an interruption
of essential services and, in addition, may result in
death or injury to persons or property due to destruction
of, disruption of, or damage to underground utility
lines. (Hazardous is classified as more sevem than
Emergency.)
Mechanized Equipment. Powered equipment used to excavate,
and equipment used for plowing-in or pulling-in cable
or pipe.
Operator. Any person who furnishes or transports any of
the following materials or services by means of a utility
line:
(1) flammable, natural, toxic or corrosive gas.
(2) petroleum, petroleum products and hazardous liquids.
(3) electricity.
(4) sanitary sewer.
(5) communications.
(6) water.
Person. Any individual, partnership, association,
corporation, state, subdivision or instrumentality of
a state, or the legal representative thereof.
Property Owner. Any person who owns fee title to or
leases a given area of land, excluding, however, any
recorded easement or right-of-way.
Utility Line. Any underground conduit and its related
facilities including pipe or cable, by which an operator
furnishes or transports material or services.
Workin~ Days. Monday through Friday, excluding, however,
any public and legal holidays.
Violations.
Whoever violates any provision of this ordinance shall be
deemed guilty of a misdemeanor and shall be punishable by
a criminal penalty not to exceed Thirty (30) days imprison-
ment or by a fine not to exceed Three Hundred Dollars
($300.00) or both. Each day a violation of this Chapter
shall continue shall constitute a separate offense.
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1973-21
(b)
(c)
Section 9B-6.
Section 9B-7.
Section 9B-8.
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 (s) acquired through the City of Fairfax to
perform work related to said excavation or d~mnlition
(including permits for building, grading, blasting,
ph~nhing, electrical and/or mechanical) may be revoked
and any fees paid to the City for said permit (s) may
be forfeited. In order to continue work, a new
application for permit (s), if revoked, must be filed;
plans of the proposed excavation or demolition nust be
re-examined; 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.
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 (s) or permit (s) issued by the
City of Fairfax to perform related work for a period
not to exceed twelve (12) months if so convicted two
or more times within a twelve (12)~ mm/th ~iad.
Furthernmre, no subsequent permits or licenses to
perform said related work shall be issued to such
convicted persons during that suspension or revocation
period.
Severability.
If any provision of this ordinance is declared unconsti-
tutional, or the applicability thereof to any person or
circunstance is held invalid, the constitutionality of
the remainder of this act and the applicability thereof
to other persons and circumstances in not affected thereby.
Applicability of Existing Ordinances.
No provision of this ordinance shall exclude any person
frcm compl¥~ing with the requirements and provisions of
any existing ordinances including those of the Code of
Fairfax City, the State Corporation Comnission of
Virginia, the Office of Pipeline Safety of the U.S.
Department of Transportation, or the U.S. Department
of Labor.
Axlninistration and Enforc~ent.
The administrative authority of this Chapter shall be the
Director of PublicWorks and such duly appointed agent (s)
as may be authorized by him, any one of whom may perform
the tasks and may make inspections required by this
ordinance, and may take such steps as my be reasonably
necessary to enforce its provisions.
Section 9B-9.
(a)
Exceptions.
The requirermnts of Article II shall not apply to any
property owner who, without the aid of a contractor, is
performing excavation or demolition within tbm boundaries
of his property which does not otherwise require the
acquisition of any permit issued by the City of Fairfax.
The term "contractor" shall apply to any owner who does not
satisfy all of the stipulations contained in this paragraph.
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CO)
Section 9B-10.
(a)
Co)
(c)
Section 9B-11.
(a)
Co)
(c)
The requirements of Section 10 of this ordinance shall
not apply to any person acting as or for the operator
of a danmged line in making repairs to its own under-
ground facilities or repairs to the streets or alleys
themselves in a condition of emmrgency when such repairs
must be made within a shorter period of time than that
provided for in Section 10(a) of this ordinmnce, provided,
however, that this exemption frcm obtaining infozmation
shall not excuse the person making the excavation from
any liability for d~m~ges caused by his negligence.
Demolition or Excavation - Prior Notice.
Contractors sbmll notify all operators who m~ntain under-
ground utility lines in the area of the proposed
excavation or blasting, at least two working days, but
not more than ten workimg days prior to conmenc~nent of
said excavation or d~lition. This notification shall
consist, at least, of the following:
(1) The contractor's name and telephone number.
(2) The name of the person for whom the proposed work
is being done.
(3) The date and approximate time work is to comnence.
(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) Any special remarks.
The telephone number(s) to be utilized for serving notice
to operators as required in Section 10(a) above shall be
located at least on the approved site plan, subdivision
plan, or emgineering plan which is to be at the site
during excavation or demolition as req~_dred in Section
il(c) of this ordinance.
It shall be unlawful for any contractor to co~mnce
excavation or demolition on any property without first
receiving clearance for excavation from each operator as
provided in Section 12(a) of this ordinance.
Demolition or Excavation - Performance.
When excavation approaches the estimated location of any
existing utility line(s), which shall have been previously
located horizontally as provided in Section 12(a) of this
ordinance, the exact location of such existing utility
line (s) nmst be determined by adequately exposing same
by hand digging within the proposed limits of excavation
before excavation may res~ne. To prevent damage to such
exposed existing utility line(s) or the protective coating
thereof, proper supports shall be provided where required.
Any contractor performing excavation or d~nolition is
required to have an approved site plan, subdivision plan
or engineering plan indicating the plan view of all
known existing and proposed utility lines at the site
during excavation or demolition.
Any person who is designated to operate mmchanized
equipment for the purpose of excavation or demolition
shall not perform such excavation or demolition until
he has examined the plan(s) provided in Section Il(c)
of this ordinance.
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· ... 1973-21
The act of obtm~ning information as required by this
Chapter shall not excuse any person making any exca-
vation or demolition from doing so in a careful and
prudent manner nor shall it excuse such person from
liability for any danmge resulting from his negligence.
ARTICLE III.
THE OPERATOR
Section 9B-12 Excavation.
(a)
An operator who receives notification of a proposed
excavation pursuant to Section 10(a) of this ordinance
and who has received, if applicable, verification of
site grading pursuant to Section Il(a) of this ordi~mnce
shall provide clearance for excavation to the contractor
before such excavationmay coumenceby:
(1)
At least one hour prior to the coumencam~nt of the
proposed excavation, horizontally locating its
utility lines at the site, and notifying the
contractor that this marking has been accomplished,
or
(2) Notifying the contractor that the proposed
excavation will not affect its existing utility lines.
Horizontal location of utility lines at the site of
excavation shall consist of a permanent marking system
approved by the Office of Pipeline Safety of the Depart-
ment of Transportation, or the State Corporation OaL~ission
of Virginia, or a temporary marking system approvedby
the Director of Public Works, clearly and definitely
indicating the horizontal location of the operator's
facilities.
(c)
In order to expedite horizontal location of utility
lines, each operator shall:
(1) Provide locating services tom ark all facilities
affected by the excavation.
(2)
Provide to designing engineers horizontal location
data on its utility lines prior to field survey
for designing newwork so that such information
on existing utility lines may be included in survey
notes.
(3)
(4)
Have theoption to allow the locating crew of
another operator to horizontally locate said
facilities provided clearance to do so has been
given in writing.
Indicate the horizontal location of their utility
lines on a site map when required by the contractor.
(d)
(e)
When trenches excavated for the installation of gas
pipelines are backfilled, a continuous tape, or similarly
effective device, shall be installed after tamping
18 inches above all direct burial plastic mmins and
12 inches above services, stubs and stub extensions.
The tape shall be not less than three (3) inches wide,
brilliant in color and imprinted with words clearly
defining the utility line as "GAS". The tape shall
be impregnated with nmtal so that locating equipment
can readily pick it up. The remainder of the backfill
my then be placed.
When repairs are made to underground gas pipelines,
and/or the tape and related requirements as provided
in Section 12(d) above have been disrupted or severed
during excavation, such tape shall be installed or
replaced at the completion of repairs prior to
backfilling.
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1973-21
Section 9B-13.
(a)
Section 9B-14.
(a)
Demolition.
An operator who receives notification of a proposed
demolition pursuant to Section 10(a) of this ordinance
shall insure clearance for demolition by:
(1) Disconnecting, or causing to be disconnected, as
agreed upon by the operator and contractor, all of
its utility lines to the structure to be demolished,
as well as capping where necessary.
(2) Advising the contractor of the appropriate means of
assurimg adequate protection for its other utility
lines in the vicinity which might be subject to
unusual stress during the demolition.
(3) Notify, or causing to be notified, the contractor
that such discora-~ection has been accomplished or
that its utility lines will not be affected by such
demolition.
Standards and Procedures.
The horizontal location of all existing underground
utility lines and those underground utility lines
proposed by any operator shall be indicated on all
site plans, subdivision plans, or engineering plans
prior to approval.
Dependiog upon the size and importance of the utility
line to be affected, the City, after consultation with
the affected operator, shall determine whether or not
an inspection by an operator's representative at the
site of excavation is necessary during the crossing
of its utility lines.
Section 9B-15. The Contractor.
(a)
C~nication between the job site and the contractor's
base office shall be maintained at all times through the
use of a two-way radio system or some other means approved
by the Director of Fire and Rescue Services for Fairfax
When any person damages a utility line, or the protective
coating thereof, or accidentally exposes or severs a
utility line during excavation or demolition, an
M~tGENCY condition shall be deemed to exist and the
operator of such utility line shall be directly notified
at that time.
(c)
When any gas or fl~,~mble liquid utility line is severed
or damaged to the extent that there is escapement of its
contents, a HAZARDOUS condition shall be deemed to exist
and the operator of such utility line and the Fire Depart-
ment and the Police Departnmmt of Fairfax City shall be
inmediately notified.
(d)
Contractors shall display in plain sight on the instru-
ment or control panel, or dash of all trucks and mech-
anized equipment operated by them, the current telephone
number(s) which is to be utilized to serve HAZARDOUS -
condition notice as required in Section 15(c) above.
(e)
The telephone numbers to be utilized in serving
M~tG]~NCY - condition notice as req-~red in Section 15(b)
above 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
by Section ll(c) of this ordinance.
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(f)
(g)
Section 9B-16.
(a)
(c)
(d)
(e)
It shall be unlawful to backfill around a damaged utility
line, as described in Section 15(b) or (c), above until the
operator of said utility line has been notified of such
incident and has repaired the d~nage and/or has given
clearance to backfill in writing.
During an M~EN~ or HAZARDOUS condition, it shall be
lawful to excavate, without usimg blasting, if notification
as required in Section 10(a) of this ordinmnce is given
as soon as reasonably possible.
The Operator.
All operators shall make available on a 24-hour basis
adequate emargency response crew(s) including, answering
personnel, radio dispatchers, appliance servicemen and
utility repair crews capable of performing all work tasks
necessary to cope with ~CY or HAZARDOUS situations.
The number of emergency work crews shall be determined
by the operator based upon reasonable response time (one
hour ~ to emergency scene during other than work
hours) and the number and frequency of experiences recorded.
All reports of HAZARDOUS conditions received by operators
shall be reported irm~diately to the Fire. Department and the
Police Department of the City of Fairfax and all reports
of hazardous conditions received by the Fire Department and
the Police Department of Fairfax City shall be reported
inmmdiately to the appropriate operator.
Emergency shut-off valves shall be provided for all new
gas service line installations such that:
(1) All gas services supplying inside meters shall be
equipped with an outside shut-off at the curb or
property line. Access shall be through a stopcock
box, the top of which is flush with the surrounding
grade.
(2) Steel or copper services to outside meters shall be
equipped with an outside shut-off as provided in
Section 16(c) (1) of this ordinance and an above
ground shut-off at the meter.
The decision to shut off a utility line during a HAZARDOUS
condition shall be vested in an appropriate representative
of the utility company concerned. When time permits, the
Director of Public Works or his designated representative
shall be notified before the operator decides whether or
not to shut off a utility line during a hazardous condition.
When adequate operator emergency response crews are not
available during a hazardous condition, the operator involved
shall employ the Fire and Rescue Services Department of
Fairfax City to take the necessary action to shut off
specific utility line valves or breakers serving the area.
(1)
Only the appropriate utility line representatives
shall be permitted to reopen any valve or breaker
which was closed during such a hazardous condition
and only after a thorough check has indicated that
it is safe to place the affected lines back into
service.
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(2)
The provisions of this sub-section shall not be
mandatory upon the operators of flanmable, natural,
toxic or corrosive gas transmission pipelines.
This ordinance shall become effective immediately
upon its passage.
Introduced:
Passed:
August 21, 1973.
September 11, 1973.
City Clerk
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