40-360.32. One-call notification center membership; termination; designated representatives

A. Every landlord, without charge to the landlord, shall file with a one-call notification center the property name, property address, contact name or job title, contact fax number, contact postal mailing address, contact electronic mail address if available, contact telephone number and hours of contact. The landlord shall update any information required by this subsection within seven working days after a change in the information occurs. The contact person or persons shall be readily available during the hours of contact on file. The hours of contact required by this subsection shall be consistent with the landlord’s regular business hours, but shall total at least thirty hours per week. Subject to the availability of monies, a one-call notification center may apply for grants from a grant account established for the purpose of maintaining and imparting the information supplied to the center from landlords as prescribed by this subsection.

B. Every underground facilities operator who is obligated to locate and mark underground facilities pursuant to section 40-360.22, subsection B, except a landlord exempted by this section, shall be a member of a one-call notification center, either statewide or serving each county in which such entity or person has underground facilities.  This subsection does not apply to a landlord if the only underground facilities that the landlord are obligated to locate and mark are within an apartment community or mobile home park.

C. Each one-call notification center shall establish a limited basis participation membership option, which may be made available to all members, but which must be made available for any member serving less than one thousand customers, or any member irrigation or electrical district.  An underground facilities operator who elects limited basis participation membership shall provide to the one-call notification center the location of its underground facilities solely by identifying the incorporated cities and towns, or for unincorporated county areas, by identifying the townships, in which it has facilities.  The service level provided to limited basis participation members by the one-call notification center is limited to providing excavators with the names and telephone numbers the excavators should contact to obtain facilities location. Each one-call notification center shall establish fair and reasonable fees for limited basis participation members, based on customer count, areas occupied or miles of underground facilities.

D. When any person neglects or refuses to pay fees when due and is in arrears for two months, the one-call notification center may terminate the membership of that person without notice and may have a claim for fees and a separate claim for damages for breach of an ancillary agreement.  The one-call notification center may refuse to reinstate any person’s membership until that person’s fee is paid in full.

E. Every underground facilities operator, except a landlord exempted by this subsection, shall file with the corporation commission the job title, address and telephone number of the person or persons from whom the necessary information may be obtained.  Such person or persons shall be readily available during established business hours.  The information on file shall also include the name, address and telephone number of each one-call notification center to which the underground facilities operator belongs. This subsection does not apply to a landlord if the only underground facilities that the landlord are obligated to locate and mark are within an apartment community or mobile home park.

F. All underground facilities operators, except landlords, in a county having a population of more than seven hundred one thousand persons shall have designated representatives available and on call for excavators who by public works contract specifications or municipal ordinances are required to work in congested locations involving public streets, alleys or rights-of-way dedicated to the public use during the night or on weekends.  Night and weekend telephone numbers to reach the designated representatives shall be furnished to the excavator in writing within forty-eight hours after they are requested for a specific location.

G. The form prepared by a one-call notification center as provided in section 40-360.22, subsection A may provide a disclaimer of liability, may instruct the landlord to obtain and review this article and may instruct the landlord to obtain the advice of an attorney to answer any questions about any part of the form or this article. The form may include general guidelines that describe the obligations and rights of landlords as established by this article.  This information may include the following rights and obligations:

1. To file and maintain current information with a one-call notification center.

2. To locate and mark certain underground facilities in response to an excavator’s request.

3. The manner of marking.

4. The timing of marking.

5. The notification to an excavator if the landlord believes that the landlord will not be timely in making the markings.

6. To provide and receive information from an excavator, including contact information and the estimated construction schedule.

7. To require the excavator to mark the perimeter of the excavation.

8. To hold a preconstruction conference with an excavator.

9. To enter an agreement with an excavator to modify the excavation schedule, marking schedule or means of excavation.

10. To request an excavator to mark the excavation area.