                                 CODE OF VIRGINIA

TEMPORARY SAFETY ARRANGEMENTS (§ 59.1-410)

A. When any person desires to carry on any work in closer proximity to any
overhead high voltage line than permitted by this chapter, the person
responsible for the work shall promptly notify the owner or operator of the high
voltage line on a working day, or in emergency situations as soon as possible
under the circumstances, in the manner prescribed in &#xA7; 59.1-411. The work
shall be performed only after satisfactory mutual arrangements have been
negotiated between the owner or the operator of the lines or both and the person
responsible for the work. The negotiations shall proceed promptly and in good
faith with the goal of accommodating the requested work consistent with the
owner&#8217;s or operator&#8217;s service needs and the duty to protect the
public from the danger of overhead high voltage lines. The owner or operator of
the lines shall initiate the agreed upon safety arrangements within five working
days from the date of the request of the person responsible for the work. The
owner and operator of the lines shall complete the work promptly and without
interruption, consistent with the owner&#8217;s or operator&#8217;s service
needs. Arrangements may include (i) placement of temporary mechanical barriers
separating and preventing contact between material, equipment, or persons and
overhead high voltage lines, (ii) temporary de-energization and grounding, (iii)
temporary relocation or raising of the lines, or (iv) other such measures found
to be appropriate in the judgment of the owner or operator of the lines. The
person responsible for the work shall ensure that the temporary safety
arrangements described in this subsection are completed prior to the
commencement of any such work.

B. The actual expense incurred by any owner or operator of overhead high voltage
lines in taking precautionary measures as set out in subsection A of this
section, including the wages of its workers involved in making safety
arrangements, shall be paid by the person responsible for the work or a person
subject to the following exceptions:

   1. In the case of property used for residential purposes, such actual expenses
   shall be limited to those in excess of $1,000;

   2. Whenever any owner or operator of an overhead high voltage line has located
   its facilities within a public highway or street right-of-way and the work is
   performed by or for the Department of Transportation or a city, county or
   town, the actual expenses shall be the responsibility of the owner or operator
   of the overhead high voltage lines, unless the owner or operator can provide
   evidence of prior rights or there is a prior written agreement specifying cost
   responsibility; and

   3. Whenever it is determined by the Department of Transportation or a city,
   county or town that the temporary safety arrangements are for the sole
   convenience of its contractor, the actual expense shall be the responsibility
   of the contractor.

C. When requested by a person, an owner or operator of a high voltage line shall
provide within a reasonable period of time an estimate of the scope and cost of
any required safety arrangements.

HISTORY: 1989, c. 341; 1993, c. 284; 1995, c. 298; 1996, c. 267; 2003, c. 364.