Oregon Administrative Rules Chapter 952 - OREGON UTILITY NOTIFICATION CENTER
Here’s a comprehensive and structured overview of Oregon Administrative Rules Chapter 952—the Oregon Utility Notification Center (OUNC):
📂 Structure of Chapter 952 – Division 1
Chapter 952 includes a single division focused on excavation safety and utility notification procedures. It comprises the following sections (§ 952‑001‑xxxx):
0001 Adoption of Model Rules
0003 Permanent Rulemaking Notice
0010 Definitions
0020 Project Plan Notice Requirements
0030 Permit Notice Requirements
0040 Pre-marking by Excavator
0050 Excavator Notice Timing & Exemptions
0060 Emergency or Alternative Notice
0070 Utility Operator Responses
0080 Design-phase Response Requirements
0090 Excavation Delay & Excavator Duty
0100 Record-keeping by Utility Operators (oregon.public.law, digsafelyoregon.com)
🔍 Key Sections & Highlights
📋 § 952‑001‑0001 – Model Rules
Adopts the Oregon Attorney General’s Model Rules of Procedure for administrative processes unless state law provides otherwise (records.sos.state.or.us).
📣 § 952‑001‑0003 – Notice of Rulemaking
For permanent rule changes, OUNC must:
Publish 21 days before effective date
Notify stakeholders 28 days prior
Notify legislators 49 days prior
Send to AP and Capitol Press Room (records.sos.state.or.us)
📚 § 952‑001‑0010 – Definitions
Defines critical terms like:
“Abandoned facility”
“Business day”
“Damage”
“Operator,” “Excavator,” “Project plans,” “Response,” “Underground facilities,” and “Unlocatable underground facilities” (records.sos.state.or.us).
🏗 § 952‑001‑0020 & § 0030 – Notification in Plans & Permits
All project plans and permits for excavation must state that OUNC rules (OAR 952‑001‑0010 through ‑0090) apply and include OUNC’s phone number (503‑232‑1987) (records.sos.state.or.us).
🏳 § 952‑001‑0040 – Pre‑marking Required
Excavators must pre-mark the dig area in white before calling OUNC—unless the site is precisely identified by a locate ticket or prior onsite meeting (records.sos.state.or.us).
⏱ § 952‑001‑0050 & § 0060 – Notice Timing & Exemptions
Notify OUNC 2–10 business days before excavation
Exemptions apply for emergencies or minor private excavations (<12″ depth, no easement)
Emergency/exempt work may proceed with less notice but OUNC must be informed and care must be taken (records.sos.state.or.us)
🟦 § 952‑001‑0070 – Operator Response
Within 2 business days of notice, utility operators must:
Accurately mark locatable underground facilities
Identify unlocatable ones via records/designs
Confirm no facilities exist in the area (records.sos.state.or.us)
📐 § 952‑001‑0080 – Design‑Phase Response
Operators responding to design-phase locate requests have 10 business days to mark facilities or negotiate timing, and supply records such as as-built drawings (digsafelyoregon.com).
🛑 § 952‑001‑0090 – Excavation Delay & Excavator Duties
Excavators must wait until all operators respond or until 2 full business days pass
Maintain marks, use non-invasive tools (hand-dig, vacuum excavation) near utilities
Halt work and call for re-marking if marks are removed
Provide support for utilities and notify operators immediately if damage occurs; in emergencies or hazardous leaks, call 911
If new utilities are discovered, cease work and notify OUNC
Must begin excavation within 10 business days of ticket issuance or re-notify (digsafelyoregon.com, regulations.justia.com)
🗂 § 952‑001‑0100 – Record-Keeping
Utility operators must maintain records of abandoned or out-of-service facilities (location, date, locatable/unlocatable status), except for underground telecom/CATV/electric facilities between system and customer point (records.sos.state.or.us).
📝 Summary Table
| Section | Key Focus |
|---|---|
| 0001–0003 | Procedures & rulemaking notices |
| 0010 | Definitions |
| 0020–0030 | Plan & permit notice requirements |
| 0040 | Site pre-marking by excavators |
| 0050–0060 | Notice timing rules and exemptions |
| 0070–0080 | Operator marking and responses |
| 0090 | Excavation delay, marking maintenance, safety duties |
| 0100 | Utility operator record-keeping obligations |
✅ Conclusion
OAR Chapter 952 outlines a comprehensive framework to ensure safe excavation practices in Oregon. It covers:
Administrative procedures (rulemaking notices),
Defined terminology,
Excavator and utility operator responsibilities,
Structured notification and marking protocols,
Safety, delay, and damage-prevention requirements,
Record-keeping for abandoned or inactive underground infrastructure.
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