Georgia Commons

Official Code of Georgia Annotated

Title 25. FIRE PROTECTION AND SAFETY · Chapter 9. BLASTING OR EXCAVATING NEAR UNDERGROUND FACILITIES

25-9-4. Design locate request and response.

Active

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

  1. (a)

    Any person may submit a design locate request to the UPC. Such design locate request shall:#

    1. (1)

      Describe the tract or parcel of land for which the design locate request has been submitted with sufficient particularity, as defined by policies developed and promulgated by the UPC, to enable the facility owner or operator to ascertain the precise tract or parcel of land involved; and#

    2. (2)

      State the name, address, and telephone number of the person that has submitted the design locate request, as well as the name, address, and telephone number of any other person authorized to review any records subject to inspection as provided in subparagraph (b)(2)(B) of this Code section.#

  2. (b)

    Within ten business days after a design locate request has been submitted to the UPC for a proposed project, the facility owner or operator shall respond to the person calling in the design locate request under the guidelines listed below:#

    1. (1)

      For single address requests, designate or cause to be designated by a locator in accordance with Code Sections 25-9-7 and 25-9-9 the location of all underground facilities and sewer laterals within the area of the proposed excavation; or#

    2. (2)

      For multiple address requests:#

      1. (A)

        Provide the person submitting the design locate request the best available description of all underground facilities and sewer laterals in the area of proposed excavation, which might include drawings of underground facilities and sewer laterals already built in the area, or other facility records that are maintained by the facility owner or operator; or#

      2. (B)

        Allow the person submitting the design locate request or any other authorized person to inspect or copy the drawings or other records for all underground facilities and sewer laterals within the proposed area of excavation.#

  3. (c)

    Upon responding using any of the methods provided in subsection (b) of this Code section, the facility owner or operator shall provide the response to the UPC in accordance with UPC procedures.#

  4. (d)

    A design locate request shall not be used for excavation purposes.#

  5. (e)

    A design locate request shall not be required as a condition for approving a utility permit application.#

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

History

Code 1981, § 25-9-4, enacted by Ga. L. 2000, p. 780, § 1; Ga. L. 2005, p. 1142, § 3/SB 274; Ga. L. 2014, p. 652, § 2/SB 117; Ga. L. 2022, p. 325, § 1/HB 1372. The 2022 amendment, effective September 1, 2022, substituted “that” for “who” in paragraph (a)(2); in the introductory language of subsection (b), substituted “business” for “working”, substituted “respond to” for “respond by the method requested by”, and added “under the guidelines listed below” at the end; in paragraph (b)(1), substituted “For single address requests, designate” for “Designate” at the beginning and added “or” at the end; redesignated former paragraphs (b)(2) and (b)(3) as present subparagraphs (b)(2)(A) and (b)(2)(B), respectively; added “For multiple address requests:” as the introductory language of paragraph (b)(2); substituted “underground” for “utility” in paragraph (b)(1), twice in subparagraph (b)(2)(A), and in subparagraph (b)(2)(B); and added subsection (e).

Editor's notes

Ga. L. 2000, p. 780, § 1, effective July 1, 2000, renumbered former Code Section 25-9-4 as present Code Section 25-9-5, and enacted this Code section.

Code Commission notes

Pursuant to Code Section 28-9-5, in 2022, “subparagraph (b)(2)(B) of this Code section” was substituted for “paragraph (3) of subsection (b) of this Code section” near the end of paragraph (a)(2).

Read the official page (the state's PDF, opened at the page this text was read from).

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Text read from t24-t26-(v21)-2023-pdf.pdf, Volume V21, 2023 edition, pages 145 to 147; merge action: carried; file SHA-256 8eab3bec6887.

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