State of Colorado

Safety Commission FAQ's

What are home rule cities and how are they different?

Home rule cities by the Colorado constitution are cities that have the full right of self-government in local and municipal matters. The larger home rule cities include Denver, Aurora, Pueblo, Colorado Springs, Fort Collins and Grand Junction. Home Rule cities can create their own safety commissions and can enforce the one-call law and imposed penalties for failure to comply with the law.

Will Colorado 811 provide data to the Safety Commission on an annual basis?

Yes. Colorado 811 will provide an annual report, along with real-time data, to support the Safety Commission's efforts regarding underground excavation and safety.

Can engineering companies give feedback to Safety Commission once in place?

Any person can provide feedback to the Safety Commission.

Will there be an entity responsible for holding stakeholders accountable under the new law?

Yes, the Colorado Underground Damage Prevention Safety Commission will have the responsibility to enforce the provisions of the law related to safe practices. The Safety Commission can impose penalties for failure to comply with the law. Home Rule cities may create a safety commission which also have the power to impose penalties for failure to comply with the law. Facility owners and operators and excavators may bring civil actions for damage claims separate from the actions of the Safety Commission.

What cities are exempt from complying with the new Safety Commission requirements?

Only Home Rule cities are exempt from complying with the Safety Commission requirements but they must create their own safety commissions.

Regarding "home rule", if a municipality decides to invoke the home rule, doesn't this simply mean that the State cannot enforce any penalties against the municipality? Yet, can't the state still impose penalties against an excavator that has violated the state law against the municipality. i.e. damage caused due to no locate request? Or does this require the municipality to establish their own safety commission?

CO811 is not in a position to offer an opinion regarding whether or not the State of Colorado can enforce penalties against a municipality under the new law. The Safety Commission will establish regulations that address this issue in cooperation with the Colorado Attorney General.

There does not appear to be a way for an accused violator to dispute whether “costs of investigation and trial, including reasonable attorney’s fees” are warranted in an enforcement action under CRS 9-1.5-104.2. Please confirm whether the intent of this legislation is to give the Safety Commission the right to seek enforcement costs/fees with NO opportunity for rebuttal by the accused violator.

Please defer to the Underground Damage Prevention Safety Commission.

Is the Safety Commission statewide or area?

The Safety Commission is a state commission having jurisdiction to address underground facility safety issues throughout the State of Colorado with the exception of certain home rule cities.

Where is the accountably with excavators? If they are not being safe or following the proper procedures.

Excavators are not exempt from the overview and jurisdiction of the Colorado Safety Commission. Complaints can be submitted to the commission with respect to excavators, facility owners and firms that provide locate services.

It seems that Home Rule municipalities, by default, have to create their own safety commission and do enforcement. What is the process if they decide to forgo their home rule authority?

Certain municipalities in Colorado are designated as “home rule cities”. Home rule cities must act to create their own Safety Commissions and enforcement procedures. If a home rule city does not act to create its own commission then the State Commission will have the responsibility to enforce the laws related to underground safety.

Exemptions

Did the definition for exemptions change under the new law?

Yes, there are several modifications in the new law regarding exemptions they include: farmers/ranchers and governmental agencies relative to road grading. Please note, there is no exemption for gravity fed systems. Although, these exemptions exist it is extremely dangerous to dig without first notifying Colorado 811 for the location of underground facilities.

What is the significance of defining “gravity-fed systems” in the law? Where is it referenced under the new legislation?

Gravity fed systems are now defined to clarify what information has to be provided in the event there is a request for a locate related to subsurface utility engineering. The law defining this exemption is located at section 9-1.5-102 (3.4).

Other

Who is required to locate laterals in the public right-of-way?

All underground facility owner/operators are responsible for the location of service laterals in the public right-of-way.

How will facility owners/operators provide documentation of the underground facilities in the form of hand written/ digital sketches or photography?

Facility owners/operators are encouraged to provide the excavator this information through the Colorado 811’s Positive Response System.

Can an excavator put another excavator on his/her ticket? How many can you list on one ticket?

Yes, an excavator requiring existing marked underground facilities to be exposed may list a single secondary excavator on it’s excavation notice to Colorado 811.

It also says in (c) (1) (A) "When utilizing trenchless excavation methods, the excavator shall expose underground facilities and visually observe the safe crossing of marked underground facilities when requested to do so by the underground facility owner or operator or the government agency that issued a permit for the excavation." Question is, will this require a new positive response code?

A new positive response code will not be necessary as the facility owner will still be required to locate the area of excavation, if applicable. However, the facility owner and excavator must communicate to ensure that the visual crossing of marked underground facilities has been exercised.

How does 811 propose to address the CORA implications of 811 having all member facilities’ location details?

Colorado 811 is not subject to the Colorado Open Records Act.

What, specifically, are the requirements and components of a damage prevention safety program as it would be developed and managed by a home rule entity that is choosing to opt out of the jurisdiction of the safety commission?

It is our understanding that a home rule entity electing to establish their own safety commission they will need to comply with the same rules as the State Safety Commission. Please defer to the Safety Commission once established.

Can you provide additional information regarding when new facilities are required to be electronically locatable?

All new facilities installed on or after January 1, 2019 must be electronically locatable. For example, what about new developments in progress? All infrastructure must be locatable in the future. Are pipe replacements considered “new development” and subject to electronically locatable requirements? In our interpretation, yes. What about underground irrigation infrastructure located on agricultural land or shared between neighboring farms/ranches? Yes, anything within public access areas (public right-of-way).

With relabeling 2nd notice ticket to Excavator re-notification and since the re-notification is automated by 811 does the excavator still legally have to call in an Excavator re-notification before digging if a response hasn’t been posted?

Yes, a positive response re-notification is automatically regenerated each day when the facility has not posted a response. However, excavators will still need to execute an excavator re-notification when necessary.

When doing a burst on a sewer line (meaning pulling new utility into old pipe) does it need to be locatable?

Even if it was not previously locatable According to the law, any “new” facility installed after August 8th, 2018 must be electronically locatable.

How are members expected to post documentation when calling in their positive responses?

The positive response re-notifications will automatically be sent to members that have NOT posted a response code. If a response code is posted and no pictures, sketches, or maps are attached it WILL generate a re-notification. CO811 will not support posting response via phone, members are required to upload supporting documentation along with posting a response which can not be done over the phone.

If someone does not post documentation, but provides a positive response, will they be issued a positive response re-notification?

Will there be some sort of training for members and locators for adding documentation to the ticket?

Yes, you can contact either the member relations department or the damage prevention liaison in your area by visiting Colorado811.org

What are the existing 811 buffer requirements?

The current 150ft buffer will be reduced to 100ft buffer on single address tickets when parcel boundaries are available. Facility Owner/Operator Members require a minimum buffer of 30ft on the registered underground facilities.

Will members be able to customize their buffers on 811’s system? 

Yes, minimum 30ft buffer.

Will locate marking requirements remain the same? Can facility owners use T-posts instead of paint?

The Safety Commission has established industry marking standards.

Please visit https://ops.colorado.gov/UDPSafetyCommission  to review all best practices and standards.

Secondary Excavator

Secondary excavators may be listed on locate requests for potholing purposes only.

Canceled Tickets

After listening to our facility owners and operators, the Board of Directors approved the request from management to no longer charge a ticket fee for canceled outgoing transmissions. This change will take effect on January 1, 2019. \

Ticket Research

Data Retention

Locate requests, records related to transmission of locate requests and voice recordings are generally retained for a three (3) year period. This information is stored and accessible by CO811 on the following media:

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The following chart summarizes the services available to CO811 members, excavators, or the public:

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Response Time

The response time to research requests varies depending upon the call volume at the time of the request. During the months of October through February, the general time frame is usually five (5) business days. From March through September, research may take one (1) to three (3) weeks. Research is provided on a first-in/first-out (FIFO) basis. Research related to emergencies and litigation has priority and CO811 will make every reasonable effort to respond by the specified court date.

Current Entitlements

The following sections outline the research services provided to Tier I members, excavators, homeowners, and contract locate services.

Utility Owner/ Operator Memberships:

All research requests must be submitted by using www.co811.org or the voice mailbox
Ticket and transmission information and voice recordings usually are retained for a period of three (3) years and if in existence will be provided to Tier 1 members at no charge
Internet research is available during the first 60 days after the date of a locate request. CO811 administration should be contacted for access privileges
A research request is limited to the existing members listed on the locate ticket
All ticket information is subject to production in a court of law provided a subpoena is served upon CO811. A fee may be charged to a party who subpoenas information
NOTE: Sketches and Drawings provided by locators are not maintained or available from CO811.

Professional Excavators and Homeowners:

Professional and homeowners excavators may only request research specific to their locate ticket(s)
A research request must be submitted by using www.co811.org or the voice mailbox
Verbal confirmation of a locate request is provided if the request is made within ninety (90) days of the ticket’s locate-by-date – there is no charge for this service. All information can be shared with an entity who is
- Listed in the Caller field
- Employed by the Company field
- May include a spouse or member of same
Ticket information and voice recordings generally are retained for a period of three (3) years and a verbal confirmation will be provided to excavators for requests beyond 90 days subject to a research fee
CO811 retains the right to limit the amount of research requests it will honor
NOTE: Sketches and Drawings provided by locators are not maintained or available from CO811.

Homeowners:

Research requests by homeowners who did not request a locate and have locate markings on their property are referred to the utility owner
Research requests are not serviced

Contract Locate Services:

Contract locate services can only request research through the facility owner/ operator member(s) that used their services
Research requests are not serviced

Voice Data:

All calls are recorded for documentation purposes at UNCC. Voice recordings are usually retained for a three (3) year period. The recordings confirm information communicated between the caller and CO811.

Hardcopy Ticket Information:

A hardcopy ticket generated from Ticket Entry will only be distributed to Tier I members and when a subpoena is issued to CO811 as part of a litigation process.