65-31-111 - Notice of excavation or demolition damage. - Tennessee Statutes

65-31-111. Notice of excavation or demolition damage.

(a)  Except as provided by subsection (b), each person responsible for any excavation or demolition operation described in § 65-31-104 that results in any damage to an underground utility shall, immediately upon discovery of such damage, notify the operator of such utility of the location and nature of the damage and shall allow the operator reasonable time to accomplish necessary repairs before completing the excavation or demolition in the immediate area of such utility.

(b)  Each person responsible for any excavation or demolition operation described in § 65-31-104 that results in damage to an underground utility permitting the escape of any flammable, toxic, or corrosive gas or liquid shall, immediately upon discovery of such damage, notify the operator, police and fire departments, and take any other action as may be reasonably necessary to protect persons and property and to minimize the hazards until arrival of the operator's personnel or police and fire departments.

(c)  During initial excavation, if an underground utility is found to be unsound due to deterioration, the person responsible for excavation shall immediately notify the utility company involved and shall allow the operator reasonable time to accomplish necessary repairs before completing the excavation or demolition in the immediate area of such utility.

(d)  The financial impact of all damages to underground utilities shall be calculated using generally accepted accounting principles (GAAP).

[Acts 1978, ch. 692, § 11; T.C.A., § 65-3211; Acts 1993, ch. 223, § 19; 2006, ch. 686, § 10.]