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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. page 2 of 3 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 page 3 of 3