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Arkansas Code Title 14. Local Government § 14-271-112. Excavation--Demolition--Notice

Current as of March 28, 2024 | Updated by Findlaw Staff

(a) Except as provided in § 14-271-109, no person may engage in excavation or demolition activities without having first notified the One Call Center in accordance with the provisions listed in this section.

(b)(1) Each person responsible for any excavation or demolition operation shall serve written or telephonic notice of intent to excavate or demolish at least two (2), but not more than ten (10), full working days before commencing this activity.

(2) The notice of intent shall be delivered to the One Call Center.

(3)(A) The notice given by this section shall be effective for a period of twenty (20) working days from the date that the notice was given.

(B) If the work to be performed is not completed within this period, or if the location markings have been removed or are no longer visible, the person engaging in the demolition or excavation activity shall reinitiate the notice procedure set forth in this section.

(c) The written or telephonic notice of intent required by subsection (b) of this section shall:

(1) Contain the name of the person notifying the One Call Center, the name, address, and telephone number of the person responsible for the excavation or demolition, the starting date, anticipated duration and type of excavation or demolition operation to be conducted, the specific location of the proposed excavation or demolition, and whether or not explosives are anticipated to be used; and

(2)(A) Be provided by an individual or entity carrying out the excavation or demolition.

(B) The responsibility to provide the notice under subsection (b) of this section shall not be delegated to another by contract or otherwise.

(C) If multiple entities are carrying out excavation or demolition, then each entity is responsible for providing notice individually.

(d) The One Call Center shall, as soon as practicable after receiving such notice, provide persons giving notice of an intention to engage in an excavation activity the names of any member operators of underground facilities to whom the notice will be transmitted.

(e)(1) An adequate record of notifications to the One Call Center shall be maintained by the One Call Center.

(2) A copy of the record shall be furnished to the persons giving notice of intent to excavate or demolish if requested.

(3) The records shall be maintained by the One Call Center for at least three (3) years.

(f) Nothing in this section shall be construed to obligate the One Call Center to transmit a notice of intent to excavate for any operator that is not a member of the One Call Center.

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Cite this article: FindLaw.com - Arkansas Code Title 14. Local Government § 14-271-112. Excavation--Demolition--Notice - last updated March 28, 2024 | https://codes.findlaw.com/ar/title-14-local-government/ar-code-sect-14-271-112/

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