Degree of Accuracy Required in Utility Facility Location Information; Effect of Inaccurate Information on Liability of Blaster or Excavator; Liability of Facility Owners for Losses Resulting From Lack of Accurate Information

  1. Law
  2. Georgia Code
  3. Fire Protection and Safety
  4. Blasting or Excavating Near Utility Facilities
  5. Degree of Accuracy Required in Utility Facility Location Information; Effect of Inaccurate Information on Liability of Blaster or Excavator; Liability of Facility Owners for Losses Resulting From Lack of Accurate Information

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  1. For the purposes of this chapter, the location of utility facilities which is provided by a facility owner or operator in accordance with subsection (a) of Code Section 25-9-7 to any person must be accurate to within 18 inches measured horizontally from the outer edge of either side of such utility facilities. If any utility facility becomes damaged by an excavator due to the furnishing of inaccurate information as to its location by the facility owner or operator, such excavator shall not be subject to any liability resulting from damage to the utility facility as a result of the blasting or excavating, provided that such person complies with the requirements of Code Section 25-9-8 and there is no visible and obvious evidence to the excavator of the presence of a mismarked utility facility.
  2. Upon documented evidence that the person seeking information as to the location of utility facilities has incurred losses or expenses due to inaccurate information, lack of information, or unreasonable delays in supplying information by the facility owners or operators, the facility owners or operators shall be liable to that person for any such losses or expenses.

(Ga. L. 1975, p. 417, § 5; Code 1981, §25-9-8; Ga. L. 1986, p. 1069, § 1; Ga. L. 1990, p. 805, § 1; Ga. L. 2000, p. 780, § 1; Ga. L. 2005, p. 1142, § 8/SB 274; Ga. L. 2014, p. 652, § 6/SB 117.)

The 2014 amendment, effective July 1, 2014, substituted "18 inches" for "24 inches" in the middle of the first sentence of subsection (a).

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 2000, "its" was substituted for "their" in the second sentence in subsection (a).

Editor's notes.

- This Code section formerly provided for the effect of this chapter on the rights, duties, etc. of gas companies. Ga. L. 1986, p. 1069, § 1 in effect renumbered the former Code section as Code Section 25-9-10.

Ga. L. 1986, p. 1069, § 1 in effect renumbered former Code Section 25-9-8 as this Code section.

RESEARCH REFERENCES

ALR.

- Liability of gas company for damage resulting from failure to inspect or supervise work of contractors digging near gas pipes, 71 A.L.R.3d 1174.


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