Any person or persons, company or
corporation, who shall dig, sink or excavate, or cause the same to be
done, or being the owner or owners, or in the possession under any lease
or contract, of any shaft, excavation or hole, whether used for mining or
otherwise, or whether dug, sunk or excavated for the purpose of mining,
to obtain water, or for any other purpose, within this State, shall,
during the time they may be employed in digging, sinking or excavating,
or after they may have ceased work upon or abandoned the same, erect, or
cause to be erected, good and substantial fences or other safeguards, and
keep the same in good repair, around such works or shafts, sufficient to
guard securely against danger to persons and animals from falling into
such shafts or excavations.
[1:16:1866; B § 109; BH § 290; C § 271; RL § 3233; NCL § 5630]
Any person who is a resident of the county and knows, or has reason to
believe, that the provisions of NRS 455.010 are being or have been violated within such
county, may file with the sheriff or the constable of the township where
the hole, excavation or shaft exists a notice which must be in writing
and must state:
1. The location, as near as may be, of the hole, excavation or
shaft.
2. That the hole, excavation or shaft is dangerous to persons or
animals, and has been left, or is being worked, contrary to the
provisions of NRS 455.010 to 455.180
, inclusive.
3. The name of the owner or owners of the hole, excavation or
shaft, if known, or, if the owner is unknown, any persons who were known
to be employed therein.
4. Whether the hole, excavation or shaft appears to be abandoned.
[2:16:1866; B § 110; BH § 291; C § 272; RL § 3234; NCL § 5631]—(NRS
A 1983, 904; 1987, 1868; 1993, 880)
1. If a board of county commissioners receives information from
the Division of Minerals of the Commission on Mineral Resources that
there is in the county a dangerous condition that results from mining
practices which took place at a mine that is no longer operating, if the
information identifies a person responsible for the condition, the board
shall transmit this information to the sheriff or the constable of the
township where the condition exists.
2. Upon receipt of information pursuant to subsection 1 or upon
the filing of the notice, as provided for in NRS 455.020 , the sheriff or constable shall serve a
notice, in the same manner and form as a summons, upon each person
identified as owner or otherwise responsible.
[3:16:1866; B § 111; BH § 292; C § 273; RL § 3235; NCL § 5632]—(NRS
A 1983, 905; 1987, 1869; 1993, 1625; 1999, 3624 )
1. The notice served pursuant to subsection 2 of NRS 455.030
must require the person or persons to
appear before the justice of the peace of the township where the hole,
excavation, shaft or other condition exists, or any municipal judge who
may be acting in his place, at a time to be stated therein, not less than
3 days nor more than 10 days from the service of the notice, and show, to
the satisfaction of the court, that the provisions of NRS 455.010 to 455.180 ,
inclusive, or the standards established by the Commission on Mineral
Resources for the abatement of dangerous conditions have been complied
with, or if he or they fail to appear, judgment will be entered against
him or them for double the amount required to abate the condition.
2. All proceedings had therein must be as prescribed by law in
civil cases.
3. Such persons, in addition to any judgment that may be rendered
against them, are liable and subject to a fine not exceeding the sum of
$250 for each violation of the provisions of NRS 455.010 to 455.180 ,
inclusive, which judgments and fines must be adjudged and collected as
provided for by law.
[4:16:1866; B § 112; BH § 293; C § 274; RL § 3236; NCL § 5633]—(NRS
A 1979, 1476; 1987, 1869; 1993, 881; 2005, 905 )
1. Suits commenced under the provisions of NRS 455.010 to 455.180 ,
inclusive, must be filed in the name of the State of Nevada.
2. All judgments collected must be paid into the county treasury
for county purposes.
3. All fines collected must be paid into the State Permanent
School Fund.
[5:16:1866; B § 113; BH § 294; C § 275; RL § 3237; NCL § 5634]—(NRS
A 1993, 881)
1. If the notice states that the excavation, shaft or hole has
been abandoned, and no person claims the ownership thereof, the sheriff
or constable shall notify the board of county commissioners of the
county, or any member of the board of county commissioners, of its
location. Upon receipt of the notice, or of information from the Division
of Minerals of the Commission on Mineral Resources that there is in the
county a dangerous condition resulting from mining practices which took
place at a mine that is no longer operating, if the information does not
identify any person responsible for the dangerous condition, the board
shall, as soon as possible thereafter, decide whether it should be fenced
or otherwise guarded to prevent accidents to persons or animals.
2. All expenses thus incurred must be paid first out of the
judgments collected in accordance with the provisions of NRS 455.010
to 455.180 , inclusive, in the same manner as other county
expenses.
[6:16:1866; B § 114; BH § 295; C § 276; RL § 3238; NCL § 5635]—(NRS
A 1983, 905; 1987, 1869; 1993, 881, 1625; 1995, 548; 1999, 3624 )
Excavation or Demolition Near Subsurface Installation
As used in NRS 455.080 to 455.180 ,
inclusive, unless the context otherwise requires, the words and terms
defined in NRS 455.082 to 455.105
, inclusive, have the meanings ascribed
to them in those sections.
(Added to NRS by 1991, 1141; A 2005, 905 )
“Approximate location of a subsurface installation” means a
strip of land not more than 30 inches on either side of the exterior
surface of a subsurface installation. The term does not include the depth
of the subsurface installation.
(Added to NRS by 1991, 1142)
“Association for
operators” means an organization that receives notifications pursuant to
subsection 1 of NRS 455.110 and
transmits such notifications to its members.
(Added to NRS by 1991, 1142)
“Damage” means:
1. The substantial weakening of the structural or lateral support
of a subsurface installation;
2. The penetration or destruction of any protective coating,
housing or other protective device of a subsurface installation; or
3. The partial or complete severance of a subsurface installation.
(Added to NRS by 1991, 1142)
“Demolition” means the
wrecking, razing, rendering, movement or removal of a structure or mass
of material by means of tools, equipment or the placement and discharge
of explosives.
(Added to NRS by 1991, 1142)
“Emergency” means a sudden,
unexpected occurrence that involves clear and imminent danger and
requires immediate action to prevent or mitigate loss of life or damage
to health, property or essential public services.
(Added to NRS by 1991, 1142)
“Excavation” means the movement
or removal of earth, rock or other material in or on the ground by use of
mechanical equipment or by the placement and discharge of explosives. The
term includes augering, backfilling, digging, ditching, drilling,
grading, plowing-in, ripping, scraping, trenching and tunneling.
(Added to NRS by 1991, 1142)
“Mechanical
equipment” means equipment operated by mechanical power, including a
trencher, bulldozer, power shovel, auger, backhoe, scraper, drill, cable
or pipe plow or any other equipment used for plowing-in cable or pipe.
(Added to NRS by 1991, 1142)
“Operator” means any person who
owns, operates or maintains a subsurface installation. The term does not
include the Department of Transportation.
(Added to NRS by 1991, 1142)
“Person” includes a government,
governmental agency or political subdivision of a government.
(Added to NRS by 1991, 1142)
“Subsurface
installation” means a pipeline, conduit, cable, duct, wire, sewer line,
storm drain, other drain line or other structure that is located
underground.
(Added to NRS by 1991, 1142)
“Unexpected
occurrence” includes, but is not limited to, fire, flood, earthquake or
other cause of the movement of the soil, or a riot, an accident or an act
of sabotage that causes damage to a subsurface installation which
requires immediate repair.
(Added to NRS by 1991, 1142)
“Working day” means every day
from 7 a.m. to 5 p.m., except Saturday, Sunday and any federal or state
holiday.
(Added to NRS by 1991, 1142)
1. Except as otherwise provided in subsection 2, possession of a
permit to conduct an excavation or demolition does not exempt a person
from complying with the provisions of NRS 455.080 to 455.180 ,
inclusive.
2. A person is exempt from complying with the provisions of NRS
455.080 to 455.180 , inclusive, if he obtains the written consent
of all operators involved in the proposed excavation or demolition before
he receives a permit to conduct the excavation or demolition.
(Added to NRS by 1991, 1142; A 2005, 905 )
1. Except as otherwise provided in subsection 2, a person shall
not begin an excavation or demolition if the excavation or demolition is
to be conducted in an area that is known or reasonably should be known to
contain a subsurface installation, except a subsurface installation owned
or operated by the person conducting the excavation or demolition, unless
he:
(a) Notifies the appropriate association for operators pursuant to
NRS 455.120 , at least 2 working days
but not more than 14 calendar days before excavation or demolition is
scheduled to commence. The notification may be written or provided by
telephone and must state the name, address and telephone number of the
person who is responsible for the excavation or demolition, the starting
date of the excavation or demolition, anticipated duration and type of
excavation or demolition to be conducted, the specific area of the
excavation or demolition and whether explosives are to be used.
(b) Cooperates with the operator in locating and identifying its
subsurface installation by:
(1) Meeting with its representative as requested; and
(2) Making a reasonable effort that is consistent with the
practice in the industry to mark with white paint, flags, stakes,
whiskers or another method that is agreed to by the operator and the
person who is responsible for the excavation or demolition, the proposed
area of the excavation or demolition.
2. A person responsible for emergency excavation or demolition is
not required to comply with the provisions of subsection 1 if there is a
substantial likelihood that loss of life, health or property will result
before the provisions of subsection 1 can be fully complied with. The
person shall notify the operator of the action he has taken as soon as
practicable.
(Added to NRS by 1987, 1178; A 1991, 1145; 2005, 906 )
1. An association for operators who receives notification pursuant
to NRS 455.110 by telephone and an
operator who receives notification of a proposed excavation or demolition
by telephone shall keep a written record of the notification for 6 years.
The record must include, but is not limited to, the following information:
(a) The name of the person initiating the telephone call;
(b) The name, address and telephone number of the person who is
responsible for the excavation or demolition;
(c) The starting date and anticipated duration of the excavation or
demolition;
(d) The type of excavation or demolition to be conducted;
(e) The specific area of the excavation or demolition; and
(f) Whether explosives are to be used.
2. If a person makes a notification to an association for
operators pursuant to NRS 455.110 , the
association for operators shall provide to the person the names of the
operators to whom the notice is transmitted by the association.
(Added to NRS by 1991, 1144)
An operator
shall:
1. Join an association for operators to receive the notification
required pursuant to paragraph (a) of subsection 1 of NRS 455.110 for its members.
2. File a statement with the clerk of the county in which the
business of the operator is located:
(a) Containing the name, telephone number and address of the
association; and
(b) Describing the geographical area served by the association for
operators.
3. Make a written record of each notification of a proposed
excavation or demolition that he receives by telephone.
(Added to NRS by 1987, 1178; A 1991, 1146)
1. Except in an emergency or as otherwise provided in subsection
2, if an operator receives notice through an association for operators
pursuant to paragraph (a) of subsection 1 of NRS 455.110 , the operator shall:
(a) Locate and identify the subsurface installations and, if known,
the number of subsurface installations that are affected by the proposed
excavation or demolition to the extent and to the degree of accuracy that
the information is available in the records of the operator or can be
determined by using techniques of location that are commonly used in the
industry, except excavating, within 2 working days or within a time
mutually agreed upon by the operator and the person who is responsible
for the excavation or demolition;
(b) Remove or protect a subsurface installation as soon as
practicable if the operator decides it should be removed or protected; and
(c) Advise the person who contacted the association for operators
of the location of the subsurface installations of the operator that are
affected by the proposed excavation or demolition.
2. The operator shall notify the person who contacted the
association for operators if the operator has no subsurface installations
that are affected by the proposed excavation or demolition.
(Added to NRS by 1987, 1178; A 1991, 1146)
1. An operator shall, for each subsurface installation that is
installed on or after October 1, 2005, which cannot be detected from or
above the surface of the ground by means of either the material used in
constructing the subsurface installation or a conductor within the
subsurface installation, install a permanent device which designates or
provides a means of detecting a subsurface installation through the use
of a noninvasive method from or above the surface of the ground. Such a
device includes, without limitation, a tracer wire or a marker.
2. As used in this section:
(a) “Above ground marker” is a marker which is installed flush with
the surface of the ground or which protrudes above the surface of the
ground above a subsurface installation and includes information
concerning the subsurface installation.
(b) “Electronic marker” is a marker which is buried at various
depths below or near the surface of the ground above a subsurface
installation and which contains a passive antenna that:
(1) Can be identified with detection equipment; and
(2) Does not require an internal power source.
(c) “Marker” is a device that physically designates the location of
a subsurface installation at intermittent locations along or above the
subsurface installation and includes, without limitation, an above ground
marker or electronic marker.
(d) “Tracer wire” is a locating wire which is installed in
conjunction with a subsurface installation and is connected to a
transmitter that carries a signal which is read by a receiver above the
surface of the ground for the detection of the location of the subsurface
installation.
(Added to NRS by 2005, 904 )
1. An operator who marks the approximate location of a subsurface
installation shall make a reasonable effort to make the markings in a
manner that is consistent with the practice in the industry. The operator
shall use the identifying criteria and colors set forth in the
regulations of the Public Utilities Commission of Nevada for the markings.
2. In adopting regulations setting forth the criteria and colors
to be used pursuant to this section, the Public Utilities Commission of
Nevada shall use nationally accepted standards for the identifying
criteria and colors for marking subsurface installations.
(Added to NRS by 1991, 1143; A 2005, 906 )
1. Except as otherwise provided in subsection 2, the person
responsible for an excavation or demolition shall, before using any
mechanical equipment, determine the exact location of a subsurface
installation that is affected by the excavation or demolition by
excavating with hand tools or by any other method agreed upon by the
person responsible for the excavation or demolition and the operator
within the approximate location of the subsurface installation as
designated by markings made in accordance with NRS 455.133 .
2. A person may use mechanical equipment for the removal of
pavement if there are no subsurface installations contained in the
pavement.
3. If the exact location of a subsurface installation cannot be
determined by using hand tools, the person responsible for an excavation
or demolition shall request the operator to provide additional
information to locate the installation. The operator shall, within 1
working day, provide any information that is available to him to enable
the person responsible for the excavation or demotion to determine the
exact location of the installation.
(Added to NRS by 1991, 1143)
1. Each person responsible for any excavation or demolition that
results in contact with, exposure of or damage to a subsurface
installation shall:
(a) Notify the operator of the location and nature of the damage;
and
(b) Allow the operator reasonable time, consistent with the
practice in the industry, to arrange for and to make any necessary
repairs to the subsurface installation before completing the excavation
or demolition in the immediate area of the subsurface installation.
2. Each person responsible for any excavation or demolition that
results in any damage to a subsurface installation which permits the
escape of water, of any flammable, toxic or corrosive gas or liquid, or
of electricity, shall:
(a) Notify the operator; and
(b) Minimize the hazard until the arrival of the personnel of the
operator.
(Added to NRS by 1987, 1178; A 1991, 1146)
Any person who substantially complies with the
provisions of NRS 455.080 to 455.180
, inclusive, is not liable for the cost
of repairing any damage to a subsurface installation which results from
his excavation or demolition.
(Added to NRS by 1987, 1179; A 1991, 1147)
1. A commissioner of the Public Utilities Commission of Nevada or
the district attorney of a county or the city attorney of a city in which
there is an excavation or demolition or a proposed excavation or
demolition which he believes may cause death, serious physical harm or
serious property damage may file a complaint in the district court for
the county seeking to enjoin the activity or practice of an operator or a
person who is responsible for the excavation or demolition.
2. Upon the filing of a complaint pursuant to subsection 1, the
court may issue a temporary restraining order before holding an
evidentiary hearing. A temporary restraining order may be issued for no
longer than 5 days.
(Added to NRS by 1991, 1143; A 1997, 2000)
1. An action for the enforcement of a civil penalty pursuant to
this section may be brought before the Public Utilities Commission of
Nevada by the Attorney General, a district attorney, a city attorney,
legal counsel for the Public Utilities Commission of Nevada, the
governmental agency that issued the permit to conduct an excavation or
demolition, an operator or a person conducting an excavation or
demolition.
2. Any person who willfully or repeatedly violates a provision of
NRS 455.080 to 455.180 , inclusive, is liable for a civil penalty:
(a) Not to exceed $1,000 per day for each violation; and
(b) Not to exceed $100,000 for any related series of violations
within a calendar year.
3. Any person who negligently violates any such provision is
liable for a civil penalty:
(a) Not to exceed $200 per day for each violation; and
(b) Not to exceed $1,000 for any related series of violations
within a calendar year.
4. The amount of any civil penalty imposed pursuant to this
section and the propriety of any settlement or compromise concerning a
penalty must be determined by the Public Utilities Commission of Nevada
upon receipt of a complaint by the Attorney General, an employee of the
Public Utilities Commission of Nevada who is engaged in regulatory
operations, a district attorney, a city attorney, the agency that issued
the permit to excavate or the operator or the person responsible for the
excavation or demolition.
5. In determining the amount of the penalty or the amount agreed
upon in a settlement or compromise, the Public Utilities Commission of
Nevada shall consider:
(a) The gravity of the violation;
(b) The good faith of the person charged with the violation in
attempting to comply with the provisions of NRS 455.080 to 455.180 ,
inclusive, before and after notification of a violation; and
(c) Any history of previous violations of those provisions by the
person charged with the violation.
6. A civil penalty recovered pursuant to this section must first
be paid to reimburse the person who initiated the action for any cost
incurred in prosecuting the matter.
7. Any person aggrieved by a determination of the Public Utilities
Commission of Nevada pursuant to this section may seek judicial review of
the determination in the manner provided by NRS 703.373 .
(Added to NRS by 1991, 1144; A 1997, 2000; 2005, 907 )
The provisions of NRS 455.080
to 455.170 , inclusive, do not affect
any civil remedies provided by law for personal injury or property damage
and do not create a new civil remedy for any personal injury or property
damage.
(Added to NRS by 1991, 1145)
OVERHEAD LINES CARRYING HIGH VOLTAGE
As used in NRS 455.200 to 455.250 ,
inclusive, unless the context otherwise requires:
1. “High voltage” means voltage in excess of 600 volts measured
between conductors or between a conductor and a ground.
2. “Overhead line” means a bare or insulated electrical conductor
installed above ground.
3. “Public utility” has the meaning ascribed to it in NRS 704.020
.
(Added to NRS by 1993, 878)
The provisions of NRS
455.220 and 455.230 are not applicable to:
1. An employee of a public utility which produces, transmits or
delivers electricity, or a public utility which provides communication
services, while the employee, in the course of his employment,
constructs, modifies, operates or maintains:
(a) Electrical systems;
(b) Communication systems; or
(c) Overhead electrical or communication circuits or conductors, or
the structures supporting them.
2. An employee of a cable antenna television system or a business
which provides communication services, while the employee, acting within
the scope of his employment, is making service attachments to the
structure supporting an overhead line carrying high voltage, if
authorized to do so by the public utility operating the overhead line.
(Added to NRS by 1993, 878)
Except as otherwise provided in NRS 455.230 :
1. A person shall not perform any act if it is reasonably
foreseeable that during the performance of the act he, or any part of any
tool or material used by him, is likely to be moved or to be placed any
closer to an overhead line carrying high voltage than the following
clearances:
(a) For lines rated 50 kilovolts or less, 10 feet of clearance.
(b) For lines rated greater than 50 kilovolts, 10 feet of clearance
plus four-tenths of an inch of clearance for each kilovolt greater than
50 kilovolts.
2. A person shall not operate any mechanical or hoisting equipment
in a manner by which any part of the equipment or load of the equipment
is capable by vertical, lateral or swinging motion to be moved or to be
placed any closer to an overhead line carrying high voltage than the
following clearances:
(a) For lines rated 50 kilovolts or less, 10 feet of clearance.
(b) For lines rated greater than 50 kilovolts, 10 feet of clearance
plus four-tenths of an inch of clearance for each kilovolt greater than
50 kilovolts.
(Added to NRS by 1993, 878)
1. A person may perform an act or operate equipment in closer
proximity to an overhead line carrying high voltage than authorized by
NRS 455.220 if, before performing the
work:
(a) Notice of the work to be performed is provided to the public
utility operating the overhead line carrying high voltage; and
(b) The public utility operating the overhead line carrying high
voltage consents to the performance of the work.
2. If the work can be performed with reasonable safety, the public
utility shall promptly consent to the performance of the work. As a
condition of consent, the public utility may:
(a) Reasonably limit the time, place and manner of the work to
preserve public safety.
(b) Place temporary mechanical barriers to separate and prevent
contact between material, equipment or persons and the overhead line
carrying high voltage.
(c) Temporarily disconnect power to the overhead line, ground the
overhead line or relocate the overhead line.
3. Except as otherwise provided in this subsection, the person
responsible for performing the work in the vicinity of the overhead line
carrying high voltage shall pay any actual expenses incurred by the
public utility in carrying out the preventative measures required as a
condition of consent pursuant to paragraphs (b) and (c) of subsection 2.
If, at the time the public utility installed the overhead line involved,
the structure on which the person is performing the work was within 10
feet of the overhead line, the public utility shall pay any actual
expenses incurred by it in carrying out the preventative measures
required as a condition of consent pursuant to paragraphs (b) and (c) of
subsection 2.
4. The public utility may require that an agreement regarding
payment be executed before the public utility carries out the
preventative measures required as a condition of consent pursuant to
paragraphs (b) and (c) of subsection 2.
5. The public utility shall initiate the provision of preventative
measures required as a condition of consent pursuant to paragraphs (b)
and (c) of subsection 2:
(a) If an agreement regarding payment for the preventative measures
is required, within 5 working days after the date the agreement is
executed.
(b) If an agreement regarding payment for the preventative measures
is not required, within 5 working days after the date that the public
utility receives notice of the work pursuant to paragraph (a) of
subsection 1.
Ê The preventative measures must be completed as soon as practicable.
(Added to NRS by 1993, 879)
If
an act constituting a violation of any provision of this chapter causes
contact with an overhead line carrying high voltage, each person who
committed the violation or caused another person to commit the violation
shall pay the public utility operating the overhead line carrying high
voltage for:
1. All damages to property of the public utility;
2. All reasonable costs and expenses incurred by the public
utility as a result of the contact; and
3. The costs and expenses incurred by the public utility as a
result of the contact for damages to third persons.
Ê Each person who committed a violation causing the contact or who caused
another person to commit a violation causing the contact is jointly and
severally liable for the payment required by this section.
(Added to NRS by 1993, 879)
1. An action for the enforcement of a civil penalty pursuant to
this section may be brought before the Public Utilities Commission of
Nevada by the Attorney General, a district attorney, a city attorney or
legal counsel for the Public Utilities Commission of Nevada.
2. Any person who violates a provision of NRS 455.200 to 455.240 ,
inclusive, is liable for a civil penalty not to exceed $1,000 per day for
each violation.
3. The amount of any civil penalty imposed pursuant to this
section and the propriety of any settlement or compromise concerning a
penalty must be determined by the Public Utilities Commission of Nevada
upon receipt of a complaint by the Attorney General, an employee of the
Public Utilities Commission of Nevada who is engaged in regulatory
operations, a district attorney or a city attorney.
4. In determining the amount of the penalty or the amount agreed
upon in a settlement or compromise, the Public Utilities Commission of
Nevada shall consider:
(a) The gravity of the violation;
(b) The good faith of the person charged with the violation in
attempting to comply with the provisions of NRS 455.200 to 455.240 ,
inclusive, before and after notification of a violation; and
(c) Any history of previous violations of those provisions by the
person charged with the violation.
5. A civil penalty recovered pursuant to this section must first
be paid to reimburse the person who initiated the action for any cost
incurred in prosecuting the matter. Any amount remaining after such
reimbursement must be deposited in the State General Fund.
6. Any person aggrieved by a determination of the Public Utilities
Commission of Nevada pursuant to this section may seek judicial review of
the determination in the manner provided by NRS 703.373 .
(Added to NRS by 1993, 880; A 1997, 2001; 1999, 492 )
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