Section 4. It shall be the duty of each designer preparing a drawing which requires excavation or demolition work within this Commonwealth:
(1) ((1) deleted by amendment Dec. 19, 1996, P.L.1460, No.187)
(2) To request the line and facility information prescribed by section 2(4) from the One Call System not less than ten nor more than ninety business days before final design is to be completed. This clause is not intended to prohibit designers from obtaining such information more than ninety days before final design is to be completed; however, they shall state in their requirements that such work is preliminary.
(2.1) To forward a copy of the project plans to each facility owner who requests a copy. If a designer is unable to provide a copy because of security of the project or proprietary concerns regarding the design or the project, the designer shall negotiate in a timely manner with the facility owner the means of obtaining the necessary data.
(2.2) To submit a design notification through the One Call System when a design drawing is completed. ((2.2) added Oct. 29, 2024, P.L.1106, No.127)
(2.3) To timely respond to notifications received from excavators in accordance with section 5(15). ((2.3) added Oct. 29, 2024, P.L.1106, No.127)
(2.4) To inform the project owner of the project owner's duties under sections 5(15) and 6.1(1). ((2.4) added Oct. 29, 2024, P.L.1106, No.127)
(2.5) To comply with all requests for information by the commission relating to the commission's enforcement authority under this act within thirty days of written receipt of the request. ((2.5) added Oct. 29, 2024, P.L.1106, No.127)
(3) To show upon the drawing the position and type of each facility owner's line, derived pursuant to the request made as required by clause (2), and the name of the facility owner as shown on the list referred to in section 3.
(4) To make a reasonable effort to prepare the construction drawings to avoid damage to and minimize interference with a facility owner's facilities in the construction area by maintaining the clearance as provided for in the applicable easement condition or an eighteen-inch clearance of the facility owner's facilities if no easement restriction exists.
(4.1) To depict lines or facilities with the appropriate quality levels based on the complexity of the design and construction activities obtained through the SUE process in the planning and design phases in accordance with the American Society of Civil Engineers (ASCE) most recently published standard CI/ASCE 38. ((4.1) added Oct. 29, 2024, P.L.1106, No.127)
(4.2) In the event that as-builts are required during the construction phase, to prepare the as-builts in accordance with the most recently published standard of CI/ASCE 75. ((4.2) added Oct. 29, 2024, P.L.1106, No.127)
(5) A designer shall be deemed to have met the obligations of clause (2) if he notifies the One Call System and shows, as proof, the serial number of one call notice on drawings. The designer shall also show the toll-free number of the One Call System on the drawing near his serial number. ((5) amended Oct. 29, 2024, P.L.1106, No.127)
(6) If, after receiving information from the facility owners, the designer decides to change the work site of a proposed excavation, the obligations imposed by this section shall apply to the new work site.
(7) The designer who has complied with the terms of this act and who was not otherwise negligent shall not be subject to liability or incur any obligation to facility owners, operators, owners or other persons who sustain injury to person or property as a result of the excavation or demolition planning work of the designer.
(8) To submit a report of alleged violation to the commission through the One Call System not more than thirty business days from the time the designer becomes aware that a violation of this act may have been committed in association with excavation or demolition work. The report of alleged violation shall be in a form and manner as required by the commission.
(9) To request line and facility information required under section 2(4) from the One Call System and to pay the applicable fee for the request.
(4 amended Oct. 30, 2017, P.L.806, No.50)
Compiler's Note: Section 8 of Act 38 of 1991, which added section 4(6), provided that Act 38 shall expire December 31, 1996.