(a)        When any person desires to carry on any work in closer proximity to any high-voltage line than permitted by N.C. Gen. Stat. § 95-229.7(a), the person responsible for the work to be done shall notify the owner or operator of the high-voltage line prior to the time the work is to be commenced. Such notification shall occur at the earliest practical time; however, such notification shall occur not less than 48 hours, excluding Saturday, Sunday, and legal State and federal holidays, prior to the intended work. In emergency situations, including police, fire, and rescue emergencies, such notification shall occur as soon as possible under the circumstances. In cases where the person or business entity responsible for doing the work is doing so under contract or agreement with a government entity, and the government entity and the owner or operator of the lines have already made satisfactory mutual arrangements, further arrangements for that particular work are not required.

(b)        Every notice served by any person on an owner or operator of a high-voltage line shall contain the following information:

(1)        The name, address, and telephone number of the individual serving such notice;

(2)        The location of the proposed work;

(3)        The name, address, and telephone number of the person responsible for the work;

(4)        The field telephone number of the site of such work, if one is available;

(5)        The type, duration, and extent of the proposed work;

(6)        The name of the person for whom the proposed work is being performed;

(7)        The time and date of the notice; and

(8)        The approximate date and time when the work is to begin.

(c)        If the notification required by this Article is made by telephone, a record of the information in subsection (b) of this section shall be maintained by the owner or operator notified and the person giving the notice to document compliance with the requirements of this Article.

(d)       Owners or operators of high-voltage lines may form and operate an association providing for mutual receipt of notification of activities close to high-voltage lines in a specified area. In areas where an association is formed, the following shall occur:

(1)        Notification to the association shall be effected as set forth in this section.

(2)        Owners or operators of high-voltage lines in the area:

a.         May become members of the association;

b.         May participate in and receive the services furnished by the association; and

c.         Shall pay their proportionate share of the cost for the services furnished.

(3)        The association whose members or participants have high-voltage lines within a county shall file a list containing the name, address, and telephone number of every member and participating owner or operator of high-voltage lines with the clerk of superior court.

(4)        If notification is made by telephone, an adequate record of the information required by subsection (b) of this section shall be maintained by the association to document compliance with the requirements of this Article. (1995 (Reg. Sess., 1996), c. 587, s. 1.)

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Terms Used In North Carolina General Statutes 95-229.9

  • Contract: A legal written agreement that becomes binding when signed.
  • following: when used by way of reference to any section of a statute, shall be construed to mean the section next preceding or next following that in which such reference is made; unless when some other section is expressly designated in such reference. See North Carolina General Statutes 12-3
  • High-voltage line: means all aboveground electrical conductors of voltage in excess of 600 volts measured between conductor and ground. See North Carolina General Statutes 95-229.6
  • Person: means natural person, firm, business association, company, partnership, corporation, or other legal entity. See North Carolina General Statutes 95-229.6
  • Person responsible for the work to be done: means the person performing or controlling the work that necessitates the precautionary safety measures required by this Article, unless the person performing or controlling the work is under contract or agreement with a governmental entity, in which case "person responsible for the work to be done" means that governmental entity. See North Carolina General Statutes 95-229.6
  • state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall be construed to include the said district and territories and all dependencies. See North Carolina General Statutes 12-3