UNDERGROUND UTILITY LOCATIONS

MAKING OHIO

A

SAFER PLACE TO EXCAVATE

Darren D. Owens, PE, SI

City Engineer

City of Lebanon, Ohio

TYPICAL PROJECT PROCESS

(Public & Private)

Design

Project owner hires a consulting firm to design project

Project area is surveyed to gather field data that includes contacting OUPS

Construction plans are prepared

Coordination with utility companies

Plans completed and project is bid for construction

Construct

Contractor is hired

OUPS is contacted for excavation tickets

Construction of project

PROTECTION OF UNDERGROUND UTILITIES BEGINS WITH THE

DESIGN PROCESS

STORM SEWER PROJECT

• Intent of project was to do a direct in-line replacement of an existing 30” storm sewer

• 1st Quarter of 2007 – Design

• 3/16/2007 - OUPS contacted by design firm for utility markings

• 10/25/2007 & 11/1/2007 - Project advertised for Bids

• 11/9/2007 - Project bids due

• 11/27/07 - Contract awarded

• 2/10/08 - Contractor call to OUPS for construction utility markings

• 2/12/08 – Numerous conflicts with underground utilities revealed. Complete redesign of

storm sewer system required while contractor on sight. Significant change order.

BID AMOUNT $373,873.81 FINAL CONTRACT AMOUNT $536,715.18

CASE STUDY

COMPLETED DESIGN PLANS AS PROVIDED FOR BIDDING

COMPLETED DESIGN PLANS AS PROVIDED FOR BIDDING

COMPLETED DESIGN PLANS AS PROVIDED FOR BIDDING

REVISED PLANS AFTER CONSTRUCTION MARKINGS

REVISED PLANS AFTER CONSTRUCTION MARKINGS

REVISED PLANS AFTER CONSTRUCTION MARKINGS

HOW DID THIS HAPPEN?

1) Installation of underground utility lines over top of existing storm sewer within the R/W.

2) Failure of utilities to be marked and/or information to be provided to design firm during the design

process. OUPS contacted on 3/16/2007 by design firm in accordance with ORC 153.64(B).

3) Design markings not required in contract between utility owner and locator.

4) Lack of communication between project owner/designer/utility companies/locator.

5) Plan review process.

HOW DO WE MAKE IT BETTER?

1) CHANGE of culture. For decades, when it comes to design services, surveyors/design engineers

have called OUPS to inform them there is a backhoe on site and they will be excavating.

2) Communication-Communication-Communication between project owner/design firms/utility

companies/locating companies

3) Education of higher management level positions of all parties involved regarding utility markings.

4) Understanding of the process for each stakeholder involved.

5) CHANGES TO OHIO’S DIG LAW

*Not a true one call State

OUPS – OGPUPS - LBP’s(Limited Basis Participants (LBPs) – owner/operator of underground facilities that elect to not be

classified as a full voting and participating member of OUPS. An LBP is not eligible to receive

excavation notifications from O.U.P.S.)

*2 Separate Laws – ORC 153.64 Public – Title 3781 Private

Lack of enforcement

Exemption of Municipalities/Government for less than 12”

*Not clear regarding utility markings during design

process

(*Corrected with passing of HB 458 in December 2012)

OHIO’S DIG LAW ISSUES

ORC 153.64 (Public Work) & Title 37 (Private Work)

• Ohio Designer, Engineer, Government Entity, Utility Partnership (ODEGEUP)

• Formed in February of 2010 in coordination with the Southwest Ohio

Utility Safety Council

• Group was established to discuss underground utility locates during the

design process

• Meets the 2nd Tuesday of the month OR when needed

• Ohio Underground Damage Prevention Coalition

• Formed in January of 2011

• Stakeholders involved – utility owners, contractors, governments,

locators, one call centers

• Numerous sub-committees – Marking Standards, Defined Limits,

Stakeholder Responsibility, Positive Response, Enforcement, Technical

OHIO’S DIG LAW HAS BEEN REVISED

&

STILL UNDER REVISION

PHMSA

PIPELINE & HAZARDOUS MATERIALS SAFETY

ADMINISTRATION

• PHMSA’s goal is to strengthen state damage prevention programs

• PHMSA promotes implementation of the “nine elements” of

effective damage prevention programs outlined in the Pipeline

Inspection, Protection, Enforcement and Safety (PIPES) Act of 2006

• PHMSA developed the Damage Prevention Assistance Program

(DPAP) Guide in 2008 to assist States with strengthening damage

prevention programs

• PHMSA’s position is that damage prevention law enforcement is a

state and local responsibility

• PHMSA has evaluated dig laws for all states to see how they meet

the 9 elements, which laws are deficient, and which states they need

to move into and assist with developing regulations

PHMSA

Ohio Results of State Damage Prevention Program CharacterizationsElement Legend:

The Nine Elements of Effective Damage Prevention Programs include the following. Follow each

link to see a map of how the elements are implemented among the states.

Element 1 - Enhanced Communication between Operators and Excavators

Element 2 – Fostering Support and Partnership of all Stakeholders

Element 3 – Operator’s Use of Performance Measures for Locators

Element 4 – Partnership in Employee Training

Element 5 – Partnership in Public Education

Element 6 – Enforcement Agencies’ Role to Help Resolve Issues

Element 7 – Fair and Consistent Enforcement of the Law

Element 8 – Use of Technology to Improve the Locating Process

Element 9 – Data Analysis to Continually Improve Program Effectiveness

• Meets the 4th Tuesday of every month in Columbus

• Information on the coalition can be found on OUPs web page:

http://www.oups.org/Home/LegislativeCoalition(OUDPC)

• Is a continuous working group to suggest modifications to Ohio’s dig

law to make excavation in the State of Ohio safer

• Through the work of the sub-committees and acceptance by the

Coalition, revisions to Ohio’s Dig Law were recently signed by the

Governor on December 20, 2012.

• House Bill No. 458 was introduced by Representative Robert Sprague

and Senate Bill No. 354 was introduced by Senator Bill Coley. Both

bills evolved to read the same. HB 458 was chosen by Congressional

Leadership to present to the Governor.

http://www.legislature.state.oh.us/bills.cfm?ID=129_HB_458

Ohio Underground Damage

Prevention Coalition

H.B. No. 458

CHANGES TO OHIO’S DIG LAW

ORC

SectionOHIO’S DIG LAW CHANGES

HB 458 – SIGNED BY GOVERNOR ON 12/20/12

153.64(B)(2) Provides language for utility owners to provide markings/plan information during design

153.64(C) Provide language for contractor to notify “protection service” of excavation. Sets up One Call service.

3781.25

This

represents

some of the

major

changes

(D) Approximate Location definition revised: means the immediate area within the perimeter of a proposed excavation site

where the underground utility facilities are located.

(E) Tolerance Zone definition added: means the site of the underground utility facility including the width of the

underground utility facility plus eighteen inches on each side of the facility.

(G) Surveyor added to the definition of “Designer”

(O) Definition of Commercial Excavator added: means any excavator, excluding a utility as defined in this section, that

satisfies both of the following: (1) for compensation, performs, directs, supervises, or is responsible for the excavation,

construction, improvement, renovation, repair, or maintenance on a construction project and holds out or represents oneself

as qualified or permitted to act as such; (2) Employs tradespersons who actually perform excavation, construction,

improvement, renovation, repair, or maintenance on a construction project.

(Q) Positive Response System definition added: means an automated system facilitated by a protection service allowing a

utility to communicate to an excavator the presence or absence of any conflict between the existing underground utility

facilities and the proposed excavation site.

(R) One Call Notification system definition added: means the software of communications system used by a protection

system to notify its membership of proposed excavation sites.

3781.26(D)

added

Each utility fully participating in a protection service pursuant to this section shall also participate in its affiliated positive

response system. Each utility participating in a protection service on a limited basis shall directly communicate to the

excavator the presence or absence of any conflict between the existing underground utility facilities and the proposed

excavation site.

H.B. No. 458

CHANGES TO OHIO’S DIG LAW

ORC Section OHIO’S DIG LAW CHANGESHB 458 – SIGNED BY GOVERNOR ON 12/20/12

3781.261

added

An excavator, contractor, or utility that utilizes a protection service shall obtain training in the protection of underground

utility facilities. An excavator, contractor, or utility shall be deemed to have obtained that training if the excavator, contractor,

or utility is a member of a protection service or a statewide association representing excavators, contractor or utilities and the

service or association provides that training. An excavator, contractor, or utility also may obtain the training from such a

service or association without becoming a member.

3781.27 Following wording removed: “Sections 3781.27 to 3781.32 do not apply to “public improvements” as defined in

Section 153.64 of the Revised Code”. This makes it one law.

3781.27(C)(2) Provides language for utility owners to provide markings/plan information during design

3781.271

added

Beginning on July 1, 2013, each protection service shall reasonably modify its one-call notification system so as to permit the

reasonable identification of the location of a proposed excavation site in a manner in which the protection service may then

notify any potentially affected limited basis participants. Each member of a protection service, including limited basis

participants, shall be responsible for providing current contact information to the protection service.

3781.28(E) Language added that requires utility owners and excavator to mutually agree to a marking schedule for larger project areas

based on the construction time line.

3781.29(C) Language added that provides marking standards for how utility owners mark their facilities.

3781.30(B)

added

When utilizing trenchless excavation methods, the excavator must comply with the following requirements, in a manner

consistent with division (A) of this section: (1)Expose and confirm all underground utility facilities at each crossing point by

the proposed excavation in a nondestructive manner to the installation depth of the new facility; (2) Expose all parallel

underground utility facilities in a nondestructive manner at the beginning and end of each trenchless excavation to the

installation depth of the new facility. If the proposed alignment is within the tolerance zone of any parallel underground

utility facility, the underground utility facility shall be exposed every one hundred feet. (3) Ensure that the final product

installation maintains the proper clearances of existing underground utility facilities as determined pursuant to division (E)4

of section 3781.27.

CHANGE the way it has always been done:

Engineers/surveyors calling in excavation tickets for design purposes

CHANGE is needed:

Change of process/Change of thinking/Change of Culture

Work together – We are all in this together

CHANGE must start with education of all parties involved:Local Governments

Set the Example

Designers/Surveyors

10 days to receive markings for design. Communicate.

Utility Owners

Know where your infrastructure is located. Educate your staff. Mark your utility

during project design.

Locators

Mark for design as you would for excavation, protection starts here.

DESIGN UTILITY MARKINGS

OHIO UNDERGROUND DAMAGE PREVENTION COALITION

MARKING STANDARDS SUB-COMMITTEE

RECOMMENDED LANGUAGE REVISIONS

153.64 (B) In any public improvement which may involve underground utility facilities, the

public authority shall, prior to preparing plans and specifications, contact the registered

underground utility protection services and the owners of underground utility facilities that are

not members of a registered underground utility protection service for the existence and location

of all underground utility facilities within the construction area. If physical markings are

requested, the owners of underground utility facilities within the construction area shall provide

the location of all underground utility facilities (excluding services to single family, two, three,

or four unit residences) by locates in accordance with the Ohio Universal Marking Standards,

within ten (10) business days from receipt of the locate request. If the owner of an underground

utility facility provides digital and/or paper drawings that are drawn to scale and includes

locatable items, such as, back of curb, sidewalk, edge of pavement, centerline of ditch, property

lines, and depict the location of the underground utilities, physical markings are not required.

The public authority shall include, in the plans and specifications for such improvement, the

identity and location of the existing underground utility facilities located in the construction area

as provided to the public authority by the owner of the underground utility facility and the name,

address, and telephone number of each owner of any underground utility facilities in the

construction area that does not subscribe to a registered underground utility protection

service……

OHIO UNDERGROUND DAMAGE PREVENTION COALITION

MARKING STANDARDS SUB-COMMITTEE

RECOMMENDED LANGUAGE REVISIONS

3781.27 (C) Each utility that has any underground utility facilities in the area of the proposed

excavation site shall notify the developer/designer of the approximate locations and description of the

utility's underground utility facilities located at the proposed excavation site or that the utility does not

have any underground utility facilities at the site. If physical markings are requested, the owners of

underground utility facilities within the construction area shall provide the location of all underground

utility facilities (excluding services to single family, two, three, or four unit residences) by locates in

accordance with the Ohio Universal Marking Standards, within ten (10) business days from receipt of

the locate request. If the owner of an underground utility facility provides digital and/or paper drawings

that are drawn to scale and includes locatable items, such as, back of curb, sidewalk, edge of pavement,

centerline of ditch, property lines, and depict the location of the underground utilities, physical

markings are not required. The utility shall make this notification within ten days of receiving a notice

under division (B) of this section or by a later date acceptable to the developer and the utility. In the

case of an interstate hazardous liquids pipeline or an interstate gas pipeline, the utility also shall provide

written notice to the developer/designer of any special notification requirements.

DESIGN MARKING LANGUAGE AS APPROVED IN HB 458

153.64 (B)(2)

If requested by the public authority, each owner of underground utility facilities within the

construction area, other than real property owners listed in divisions (C)(1) to (4) of

section 3781.25 of the Revised Code, shall do one of the following within ten days of

receiving notice form the public authority of a protection service:

(a) Mark the location of the underground utility facilities, other than those facilities

serving single-family or two-, three-, or four-unit dwellings, within the construction

area in accordance with the marking standards described in division (C) of section

3781.29 of the Revised Code;

(b) Provide digital or paper drawings, or both, that meet both of the following

requirements:

(i) They are drawn to scale and include locatable items. Locatable items may include

poles, pedestals, back of curb, sidewalk, edge of pavement, centerline of ditch,

property lines, and other similar items.

(ii) They depict the location of the underground utility facilities.

Compliance with division (B)(2) of this section does not relieve an owner of underground

utility facilities from compliance with the marking requirements of section 3781.29 of

the Revised Code.

DESIGN MARKING LANGUAGE AS APPROVED IN HB 458

3781.27 (C)(2)

If requested by the developer or the designer employed by the developer, each utility shall

do one of the following in order to comply with the notification requirements of division

(C)(1) of this section:

(a) Mark the location of the underground utility facilities, other than those facilities

serving single-family or two-, three-, or four-unit dwellings, within the construction

area in accordance with the marking standards described in division (C) of section

3781.29 of the Revised Code;

(b) Provide digital or paper drawings, or both, that meet both of the following

requirements:

(i) They are drawn to scale and include locatable items. Locatable items may include

poles, pedestals, back of curb, sidewalk, edge of pavement, centerline of ditch,

property lines, and other similar items.

(ii) They depict the location of the underground utility facilities.

Compliance with division (C)(2) of this section does not relieve a utility from compliance

with the marking requirements of section 3781.29 of the Revised Code.

PHMSA

Section of March 2013 letter to Governor Kasich from Tim Butters,

Deputy Administrator of PHMSA:

“

“

PHMSA

Ohio Results of State Damage Prevention Program CharacterizationsElement Legend:

The Nine Elements of Effective Damage Prevention Programs include the following. Follow each

link to see a map of how the elements are implemented among the states.

Element 1 - Enhanced Communication between Operators and Excavators

Element 2 – Fostering Support and Partnership of all Stakeholders

Element 3 – Operator’s Use of Performance Measures for Locators

Element 4 – Partnership in Employee Training

Element 5 – Partnership in Public Education

Element 6 – Enforcement Agencies’ Role to Help Resolve Issues

Element 7 – Fair and Consistent Enforcement of the Law

Element 8 – Use of Technology to Improve the Locating Process

Element 9 – Data Analysis to Continually Improve Program Effectiveness

THANK YOU

QUESTIONS?