Gas Pipe Line Excavations Regulation

Gas Pipe Line Excavations Regulation, M.R. 140/92 The Gas Pipe Line Act , C.C.S.M. c. G50 Regulation 140/92 Registered July 27, 1992 bilingual version (HTML) Table of Contents Section 1 "Excavating" defined 2 Notice of proposed excavation required 3 Duty to inform excavator 4 Length of notice 5 Effect of franchise 6 Responsibility of utility after notice 7 Compliance with section 6 before excavating 8 Markings to be maintained 9 Precautions to be observed 10 Damage to pipe line 11 Backfilling precautions 12 Record of notices 13 Person to receive notices 14 Repeal of M.R. 377/88 R "Excavating" defined 1 In this regulation, "excavating" includes digging, boring, pushing, ploughing, trenching, grading and breaking and any displacement of soil or other matter below the existing level of the ground, but does not include (a) the removal or grading of the surface of a roadway or sidewalk in the course of maintenance; (b) the vertical extraction of a post or similar object; (c) any hand digging operation or landscaping that does not disturb more than the top 15 cm of soil; or (d) any work done within the basement of a building other than in the course of demolition. Notice of proposed excavation required 2 No person shall make an excavation with any mechanical equipment or explosive (a) anywhere within the limits of an incorporated city, town or village in which there is a gas distribution system operated by a gas utility under a franchise granted by the city, town or village or by an Act of the Legislature; (b) within the limits of a highway or road allowance that is within the boundaries of a franchise for the distribution of gas held by a gas utility; (c) within or adjacent to the right-of-way of a gas pipe line; or (d) in any location (i) that is in the immediate vicinity of a building supplied with gas by a distribution system, or (ii) in which the person knows, or has reason to suspect, that there may be a gas pipe line; unless the person, before making the excavation, has given notice thereof to the gas utility holding the franchise or operating the distribution system or pipe line, as the case may be, or to a person authorized by the gas utility to receive such a notice on its behalf, and the notice shall contain such information about the location of the proposed excavation as the gas utility may require. Duty to inform excavator 3 A person who engages or employs another person to make an excavation in a location where the person knows or has reason to suspect that there may be a gas pipe line shall inform the other person thereof before the excavation is started. Length of notice 4(1) Subject to subsection (2), the notice required by section 2 shall be given (a) during working hours; and (b) not less than 72 hours, Saturdays, Sundays and holidays excluded, before the excavation is started. 4(2) Where in a case of emergency it is not practicable to give the notice required by section 2 at the time required by subsection (1), the notice shall be given as soon as it becomes practicable to do so, but no emergency relieves a person from giving the notice. M.R. 213/2014 Effect of franchise 5 Nothing in this regulation relieves a municipality from any requirement in a franchise respecting the giving of notice of a proposed excavation to a gas utility, and nothing in any franchise relieves a municipality from complying with this regulation. Responsibility of utility after notice 6(1) Upon receiving a notice under section 2, a gas utility shall forthwith (a) advise the person giving the notice of the location of any gas pipe line in or near the location of the proposed excavation; and (b) ascertain, and advise the person giving the notice, as to whether or not the proposed excavation constitutes a danger to any gas pipe line. 6(2) Where under subsection (1) a gas utility ascertains and advises that a proposed excavation constitutes a danger to a gas pipe line, the gas utility shall (a) as soon as practicable, locate and mark the location of the gas pipe line; (b) state on a Line Location Request form the diameter of the pipe line and any special instructions to the excavator; (c) define the location of any gas pipe line by yellow paint markings on stakes, streets or sidewalks; and (d) ensure that the location markings are accurate to the extent that the pipe line lies within one metre on either side of the line markings. (e) [repealed] M.R. 213/2014 . 6(3) Each gas utility shall prepare and supply any Line Location Request form required under subsection (2), and the excavator shall keep a copy of any Line Location Request form completed under this section at the work site until the work has been completed. M.R. 213/2014 Compliance with section 6 before excavating 7 No person shall begin work on an excavation unless and until section 6 has been complied with. Markings to be maintained 8(1) During the course of the work on any excavation, the excavator shall maintain, and keep in a visible condition, any markings placed there by the gas utility under section 6. 8(2) Where (a) the work on an excavation has not started within 14 days after the receipt from the gas utility of the information required under section 6; or (b) the markings placed by the gas utility have been obliterated; the excavator shall again give notice to the gas utility in accordance with section 2, and the gas utility shall upon receipt of the notice again provide the information required under section 6. M.R. 213/2014 Precautions to be observed 9 Where a gas utility advises under section 6 that a gas pipe line is located in or near the area of a proposed excavation and complies with clauses 6(2)⁠(a), (b), (c) and (d) with respect to the gas pipe line, (a) the excavator shall, before making the excavation, expose the gas pipe line at a number of locations sufficient to determine its exact position and depth, but no person shall attempt to locate the gas pipe line by probing the ground with a pointed tool; (b) the excavator shall perform the work required under clause (a), and the work of making the excavation, in a safe manner and in such a way that no damage will result to the gas pipe line or its protective coating and no stress will be applied to the gas pipe line, and all persons working in or about the excavation at any time and until backfilling has been completed shall take all necessary precautions to avoid such damage and the application of such stress; (c) the excavator and all persons working in or about the excavation shall comply with all precautionary directions given by the gas utility, and the gas utility shall comply with any applicable orders of The Public Utilities Board in giving such directions. Damage to pipe line 10 A person who damages a gas pipe line shall (a) whether or not the damage causes gas to escape, immediately notify the gas utility; and (b) where the damage causes gas to escape, immediately (i) notify all persons in any premises that may be affected, and (ii) warn traffic, both vehicular and pedestrian, not to enter the affected area. Backfilling precautions 11 Any person backfilling an excavation that has exposed a gas pipe line shall (a) take care not to damage the pipe line or its protective wrapping or any cathodic protection devices; (b) thoroughly tamp the backfill under the pipe line; and (c) adequately support the pipe line in a manner that is satisfactory to the gas utility in order to ensure that the pipe line will remain in its original line and grade during settlement of the backfill. Record of notices 12(1) Every gas utility that operates a gas pipe line shall maintain a written record of every notice received under section 2 and of the advice given in response thereto, and the record shall show (a) the date and time when the notice was received; (b) the location to which the notice related; (c) the name of the person who gave the notice; (d) the name of the person who received the notice; (e) the date and time when the advice was given; (f) particulars of the advice given; (g) the name of the person who gave the advice; and (h) the name of the person to whom the advice was given. 12(2) The record required under subsection (1) in respect of each notice shall be preserved for at least one year from the date the notice is received. Person to receive notices 13 Every gas utility that operates a gas pipe line shall ensure that (a) at all times during normal working hours, there is available a person authorized to receive the notices required under this regulation; and (b) at all other times, a person authorized to receive the notices in cases of emergency is available. M.R. 213/2014 Repeal of Manitoba Regulation 377/88 R 14 Manitoba Regulation 377/88 R is repealed.