N.Y. Comp. Codes R. & Regs. tit. 17 § 131.21

Current through Register Vol. 46, No. 45, November 2, 2024

Section 131.21 - Miscellaneous provisions

(a) Notifications required of permittees under highway work permits.

(1) Permittee shall notify the applicable regional office of the department (unless otherwise specified on permit) prior to commencing work (except emergency work by utility owners which should be reported the next working day). Work shall start within 30 days from the date of permit.

(2) Permittee must notify all gas distributors in the area 72 hours prior to any blasting.

(3) In accordance with 12 NYCRR Part 53 permittee must notify utility owners with facilities in work area prior to starting work. Permission must be obtained before doing work affecting a utility's facilities.

(b) All costs beyond the limits of the protective liability insurance, surety agreement, and other deposits or undertakings are the responsibility of the permittee, and the department shall be held free of all direct and indirect costs incurred by reason of the issuance of the permit. The department reserves the right to bill the permittee for actual expenses incurred for supervision and inspection of the permittee's project.

(c) Compliance. The department reserves the right to modify and to revoke or annul a permit at any time, upon a determination within its sole discretion, and without a hearing, that continued operation under the permit will cause or continue a threat to the public or to the operation of the highway. The penalty provisions of section 52 of Highway Law shall apply to all violations of this Part.

(d) Whenever the department undertakes a highway project in which existing guiderail sections are to be replaced, or new guiderail sections are to be installed, the department shall require that existing utility poles located within the deflection zone or area of such replacement guiderail sections or proposed new guiderail sections be relocated outside of such deflection zones, at the sole expense of the utility. The deflection zone or area will be defined by the department in accordance with current highway and guiderail design standards. The department will consider alternative proposals from utilities, including but not limited to, the installation of different types of guiderail, upon a showing of serious economic or engineering hardship, and a showing that the alternative will not impair in any respect the highway safety, and an agreement by the utility to reimburse the department for any additional highway project costs.

(e) High Voltage Proximity Act. Upon request by the department or its contractor, the utility shall mark, relocate, deenergize or insulate electrical transmission lines as necessary to provide protection for all department employees, and employees of the department's contractors and subcontractors working within the department's highway rights-of-way in accordance with section 202-h of the Labor Law. Protection provided at the request of the department, with respect to utility facilities located within the highway right-of-way shall be the sole financial responsibility of the utility. In addition, upon request, the utility at its sole expense shall provide necessary information concerning its high voltage facilities to the department and its contractors and subcontractors. Protection provided for the benefit or at the request of a contractor or subcontractor of the department, or of a permittee, shall not be the financial responsibility of the utility.

(f) Utilities are responsible for compliance with Americans with Disabilities Act (42 U.S.C. chap. 126) with respect to work affecting sidewalks, and shall indemnify and hold harmless the State, department, and their officers and employees for damages resulting from the failure of the utility or its contractors to so comply.

(g) Blasting. The department may require a meeting relative to the method, manner and procedure of blasting operations with the permittee and representatives of all interested agencies prior to commencement of blasting operations.

(h) If at any time a suspected hazard associated with a utility facility on State highway right-of-way is brought to the attention of the utility, the utility shall inspect the facility, take appropriate action, and certify to the department that appropriate action was taken in accordance with all applicable laws, regulations and safety codes.

(i) All work performed by a utility on State highway right-of-way shall be conducted in accordance with all applicable safety regulations.

N.Y. Comp. Codes R. & Regs. Tit. 17 § 131.21