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REFERENCE TITLE: underground facilities; small signs; obligations |
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State of Arizona House of Representatives Fifty-third Legislature First Regular Session 2017
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HB 2236 |
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Introduced by Representative Weninger
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AN ACT
Amending sections 40‑360.21 and 40‑360.29, Arizona Revised Statutes; amending title 40, chapter 2, article 6.3, Arizona Revised Statutes, by adding section 40‑360.33; relating to underground facilities.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 40-360.21, Arizona Revised Statutes, is amended to read:
40-360.21. Definitions
In this article, unless the context otherwise requires:
1. "Abandoned" means no longer in service and physically disconnected from a portion of the facility, or from any other facility, that is in use or still carries service.
2. "Apartment community" means any real property that has one or more structures and that contains five or more dwelling units for rent or lease that are subject to title 33, chapter 10. For the purposes of this paragraph, "dwelling unit" has the same meaning prescribed in section 33‑1310.
3. "Building official" means the agency or officer employed by a political subdivision of this state and charged with the administration and enforcement of a building code to regulate the quality, type of material and workmanship of construction of buildings or structures.
4. "Careful and prudent manner" means conducting an excavation in such a way that when the excavation is less than or equal to twenty‑four inches from an underground facility that is marked with stakes or paint or in some customary manner, the facility is carefully exposed with hand tools, and the uncovered facility is supported and protected.
5. "Carefully" means acting with reasonable care under the circumstances.
6. "Cross culverts or similar roadway drainage facilities" means transverse drainage structures with both ends or openings visible including box culverts, drainage pipes or other covered structures.
7. "Detectible underground location device" means any device that is installed underground and that is capable of being detected from above ground with an electronic locating device.
8. "Excavation":
(a) Means any operation in which earth, rock or other material in the ground is moved, removed or otherwise displaced by means or use of any tools, equipment or explosives and includes, without limitation, grading, trenching, digging, ditching, drilling, augering, boring, tunnelling, scraping, cable or pipe plowing and driving.
(b) Does not include any operation to install a small sign in the ground using only supports that do not reach more than eight inches below grade.
12. 9. "Homeowners' association" has the same meaning prescribed in section 33‑2001.
9. 10. "Implied easement" means any easement or right‑of‑way on private property required to provide utility services by means of underground facilities in property of the owner requesting such service.
10. 11. "Inactive" means:
(a) That portion of an underground facility that is not in use but is still connected to the facility, or to any other facility, that is in use or still carries service.
(b) A new underground facility that has not been connected to any portion of an existing facility.
11. 12. "Installation records of an underground facility" means maps, drawings, diagrams, surveys, schematics, illustrations, sketches or any other depictions or descriptions of an underground facility that reflect the location at the time of installation of the underground facility and any surface extensions in a reasonably accurate manner.
13. "Landlord" has the same meaning prescribed in section 33‑1310 for an apartment community and has the same meaning prescribed in section 33-1409 for a mobile home park.
14. "Locator strip" means a type of detectible underground location device that consists of a plastic or other durable material ribbon containing a material capable of being detected from above ground with an electronic locating device and color coded by type of underground facility.
15. "Locator wire" means a type of detectible underground location device that consists of a copper wire or metallic, conductive, noncorrosive trace wire capable of being detected from above ground with an electronic locating device.
16. "Mobile home park" has the same meaning prescribed in section 33‑1409.
17. "One‑call notification center" means an organization of owners or operators of underground facilities that provides a telephone number notification service for the purpose of receiving and distributing to its members advance notifications from persons regarding planned excavations.
18. "Person" means any individual, firm, joint venture, partnership, corporation, association, homeowners' association, municipality, governmental unit, department or agency and shall include includes any trustee, receiver, assignee or personal representative thereof.
19. "Routine road maintenance grading" means the routine grading or resurfacing of the concrete, asphaltic or composite surface but not the subbase of a roadway by the this state or a political subdivision of the this state for the purpose of maintaining the surface condition of the road and includes recovery of material from a borrow ditch.
20. "Small sign" means a nonelectrical sign that is not installed in an apartment community or mobile home park and that meets all of the following:
(a) Is intended for display for a short period of time not to exceed six months.
(b) Is erected on its own self‑supporting structure and affixed only temporarily to the ground solely by wooden, composite or metal rods, uprights, poles or stakes.
(c) Has a maximum area of sixteen square feet if located in an area that is zoned for residential use or of thirty‑two square feet if located in any other area.
20. 21. "Stakes or paint or in some customary manner" means marking the location of an underground facility by the colors established by the commission. These colors shall be restricted to the underground facility location.
21. 22. "Underground facilities operator" means a public utility, municipal corporation, landlord or other person having the right to bury underground facilities in any public street, alley, right‑of‑way dedicated to the public use or public utility easement, in any apartment community or mobile home park or pursuant to any express or implied private property easement. Underground facilities operator does not include a homeowner or homeowners' association that owns a sewer facility in a public street, alley, right-of-way dedicated to public use or public utility easement.
22. 23. "Underground facility" means any item of personal property that is buried or placed below ground for use in connection with the storage or conveyance of water, sewage, electronic, telephonic or telegraphic communications, electric energy, oil, gas or other substances, and shall include but not be limited to includes pipes, sewers, conduits, cables, valves, lines, wires, manholes, attachments and those portions of poles and their attachments below ground except cross culverts or similar roadway drainage facilities and landscape irrigation systems of two inches in diameter or less.
23. 24. "Working day" means every day excluding Saturday of each week, the fourth Friday in November, Sunday of each week and other legal holidays as prescribed in section 1-301.
Sec. 2. Section 40-360.29, Arizona Revised Statutes, is amended to read:
40-360.29. Charters and ordinances of governments not affected; preemption
A. Except as provided in subsection B of this section, the provisions of this article shall be cumulative and supplemental to other provisions of law or charter and shall not be construed to prohibit cities and towns from enacting ordinances regulating excavations.
B. The legislature finds that notification, location, marking, installation records, enforcement and remedies relating to underground facilities pursuant to sections 40‑360.22, 40‑360.24, 40‑360.25, 40‑360.26, 40‑360.28, and 40‑360.30 and 40‑360.33, are a matter of statewide concern and are hereby preempted by this state.
Sec. 3. Title 40, chapter 2, article 6.3, Arizona Revised Statutes, is amended by adding section 40-360.33, to read:
40-360.33. Persons installing small signs; obligations; liability
A. A person that installs a small sign is deemed to be the person responsible for excavation operations under section 40‑360.24, subsections A and B.
B. A person that installs a small sign is deemed to be the excavator under section 40‑360.24, subsection C.
C. If a person that installs a small sign fails to take measures for the protection of the underground facilities or to install the sign in a careful and prudent manner and the underground facilities are damaged, the person is liable to the owner of the underground facilities for the total cost of the repair of the underground facilities.