55-2201 Legislative Intent
55-2202 Definitions
55-2203 Damage Prevention Board
55-2204 Damage Prevention Board Fund Established — Use of Funds
55-2205 Permit Compliance — Notice of Excavation — Response to Notice — Compensation for Failure to Comply — Exemptions
55-2206 One-Number Notification Service — Establishment — Participation Required — Funding
55-2207 Excavation Contracts — Limitations — Precautions to Avoid Damage — Liability for Damage
55-2208 Damage to Underground Facilities — Duties of Excavator and Owner — Reporting of Data
55-2209 Duties of Public Agency Issuing Excavation, Building or Other Similar Permits
55-2210 Excavations Exempt From Notice Requirement
55-2211 Violation — Civil Penalty — Duties of the Board and the Administrator — Other Remedies Unimpaired
55-2212 Waiver Permitted by Owner of Underground Facility

Terms Used In Idaho Code > Title 55 > Chapter 22

  • Administrator: means the administrator of the division of building safety. See Idaho Code 55-2202
  • Board: means the damage prevention board. See Idaho Code 55-2202
  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Contract: A legal written agreement that becomes binding when signed.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Damage: means any impact or exposure that results in the substantial weakening of structural or lateral support of an underground facility, or the penetration, impairment, or destruction of any underground protective coating, housing, or other protective device, or the partial or complete destruction of the facility, or the severance, partial or complete, of any underground facility to the extent that the project owner or the affected underground facility owner determines that repairs are required. See Idaho Code 55-2202
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Emergency: means any sudden or unforeseen condition constituting a clear and present danger to life, health or property, or a customer service outage, or the blockage of roads or transportation facilities that requires immediate action. See Idaho Code 55-2202
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Excavation: means any operation in which earth, rock, or other material in the ground is moved or otherwise displaced by any means including, but not limited to, explosives. See Idaho Code 55-2202
  • Excavator: means any person who engages directly in excavation. See Idaho Code 55-2202
  • Excavator downtime: means lost time for an excavation project due to failure of one (1) or more stakeholders to comply with applicable damage prevention regulations. See Idaho Code 55-2202
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Marking: means the use of stakes, paint, or other clearly identifiable materials to show the field location of underground facilities, in accordance with the current color code standard of the American public works association. See Idaho Code 55-2202
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • One-number notification service: means a service through which a person can notify owners of underground facilities and request field-marking of their underground facilities. See Idaho Code 55-2202
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Person: means an individual, partnership, association, corporation, a state, a city, a county, or any subdivision or instrumentality of a state, and its employees, agents, or legal representatives. See Idaho Code 55-2202
  • person: includes a corporation as well as a natural person;
Idaho Code 73-114
  • Property: includes both real and personal property. See Idaho Code 73-114
  • Quorum: The number of legislators that must be present to do business.
  • reasonably accurate: means location within twenty-four (24) inches horizontally of the outside dimensions of each side of an underground facility. See Idaho Code 55-2202
  • Rural underground facility owner: means an underground facility owner that is a public utility or a member-owned cooperative that serves fewer than five thousand (5,000) total customers in a county or counties with populations that do not exceed fifty thousand (50,000) people. See Idaho Code 55-2202
  • Stakeholder: means any party with an interest in protecting underground facilities including, but not limited to, persons, property owners, underground facility owners, excavators, contractors, cities, counties, highway districts, railroads, public entities that deliver irrigation water and those engaged in agriculture. See Idaho Code 55-2202
  • State: when applied to the different parts of the United States, includes the District of Columbia and the territories; and the words "United States" may include the District of Columbia and territories. See Idaho Code 73-114
  • Subpoena: A command to a witness to appear and give testimony.
  • Summons: Another word for subpoena used by the criminal justice system.
  • Testify: Answer questions in court.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Underground facility: means any item buried or placed below ground for use in connection with the storage or conveyance of water (unless being delivered primarily for irrigation), sewage, electronic, telephonic or telegraphic communications, cable television, electric energy, petroleum products, gas, gaseous vapors, hazardous liquids, or other substances and including, but not limited to, pipes, sewers, conduits, cables, valves, lines, wires, manholes, attachments, and those parts of poles or anchors below ground. See Idaho Code 55-2202
  • Underground facility owner: means any person who owns or operates an underground facility. See Idaho Code 55-2202