[Effective 7/1/2024]

(a) Compliance with the notice requirements of § 65-31-106 is not required of a person responsible for emergency excavation or demolition if such person gives, as soon as practicable, sufficient written, telephonic, or electronic notice of the emergency excavation or demolition to each operator having underground utilities located in the area or to the one-call service that serves an operator where such excavation or demolition is to be performed and requests emergency assistance from each operator so identified in locating and providing immediate protection to the operator’s underground utilities.

Terms Used In Tennessee Code 65-31-109 v2

  • demolition: means any operation by which a structure or mass of material is wrecked, razed, rendered, moved or removed by means of any tools, equipment, or discharge of explosives. See Tennessee Code 65-31-102
  • Emergency: means a sudden or unforeseen occurrence involving a clear and imminent danger to life, health, or property. See Tennessee Code 65-31-102 v2
  • Excavator: means any person who engages in activities described in subdivisions (A) and (B) in the definition of "excavate" contained in this section. See Tennessee Code 65-31-102
  • Location: means the proposed area for which digging or excavating is scheduled within three (3) to ten (10) working days, such area not to exceed two thousand feet (2,000') in length unless an excavator and an operator or an operator's designated representative, such as a one-call service, agree to a larger area. See Tennessee Code 65-31-102
  • One-Call Service: means a telephone notification service described in §. See Tennessee Code 65-31-102
  • Operator: means any person who owns or operates a utility. See Tennessee Code 65-31-102
  • Person: means any individual. See Tennessee Code 65-31-102
  • State: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
  • written: includes printing, typewriting, engraving, lithography, and any other mode of representing words and letters. See Tennessee Code 1-3-105
(b) An excavator providing a misrepresentation of an emergency relative to a notice of excavation or demolition as stated in subsection (a) is subject to civil penalties under § 65-31-112.
(c) For the purposes of this section, repair or replacement of an existing traffic control device at its existing location and existing depth is considered an emergency, and compliance with the notice requirements of this section and § 65-31-106 is not required of any local or state government responding to the emergency repair or replacement of a traffic control device.
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