GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1997

S	3 

SENATE BILL 1027
Commerce Committee Substitute Adopted 4/29/97
Third Edition Engrossed 4/30/97

Short Title:  Amend Voltage Safety Act.	(Public)

─────────────────────────────────────── 
Sponsors:

─────────────────────────────────────── 
Referred to:

─────────────────────────────────────── 

April 21, 1997

A BILL TO BE ENTITLED
AN ACT TO MODIFY THE HIGH-VOLTAGE LINE SAFETY ACT.
The General Assembly of North Carolina enacts:
Section 1.  G.S. 95-229.6(4) reads as rewritten:
"(4)	'Person responsible for the work to be done' means the person performing or controlling the work that necessitates the precautionary safety measures required by this Article, unless the person performing or controlling the work is under contract or agreement with a governmental entity, in which case 'person responsible for the work to be done' means that governmental entity."
Section 2.  G.S. 95-229.7(a) reads as rewritten:
"(a)	Unless danger of contact with high-voltage lines has been guarded against as provided by G.S. 95-229.8, 95-229.9, and 95-229.10, the following actions are prohibited:
(1)	No person shall, individually or through an agent or employee, perform, or require any other person to perform, any work upon any land, building, highway, or other premises that will cause:
a.	Such individual, agent, employee, or other person to be placed within six feet of any overhead high-voltage line; or any part of any tool or material used by the agent, employee, or other person to be brought within six feet of any overhead high-voltage line, or
b.	Any part of any covered equipment or covered item used by the individual, agent, employee, or other person to be brought within 10 feet of any high-voltage line.
(2)	No person shall, individually or through an agent or employee or as an agent or employee, erect, construct, operate, maintain, transport, or store any covered equipment or covered item within 10 feet of any high-voltage line, or such greater clearance as may be required under the circumstances by OSHA, except as provided herein. This prohibition shall not apply, however, to covered equipment as defined herein when lawfully driven or transported on public streets and highways in compliance with applicable height restrictions.  The required clearance from high-voltage lines shall be not less than four feet when:
a.	Covered equipment as defined herein is lawfully driven or transported on public streets and highways in compliance with the height restriction applicable thereto,
b.	Refuse collection equipment is operating, or
c.	Agricultural equipment is operating.
(3)	No person shall, individually or through an agent or employee or as an agent or employee, operate or cause to be operated an airplane or helicopter within 20 feet of a high-voltage line, except that no clearance is specified for licensed aerial applicators that may incidentally pass within the 20-foot limitation during normal operation.
(4)	No person shall, individually or through an agent or employee or as an agent or employee, store or cause to be stored any materials that are expected to be moved or handled by covered equipment or any covered item within 10 feet of a high-voltage line.
(5)	No person shall, individually or through an agent or employee or as an agent or employee, provide or cause to be provided additional clearance by either (i) raising, moving, or displacing any overhead utility electric lines or (ii) pulling or pushing any pole, guy, or other structural appurtenance.
(6)	No person shall, individually or through an agent or employee or as an agent or employee, excavate or cause to be excavated any portion of any foundations of structures, including guy anchors or other structural appurtenances, which support any overhead utility electric lines."
Section 3.  G.S. 95-229.8(a) reads as rewritten:
"(a)	No person shall, individually or through an agent or employee or as an agent or employee, operate any covered equipment in the proximity of a high-voltage line unless warning signs are posted and maintained as follows:
(1)	A sign shall be located within the equipment and readily visible and legible to the operator of such equipment when at the controls of such equipment; and
(2)	Signs shall be located on the outside of equipment so as to be readily visible and legible at 12 feet to other persons engaged in the work operations.
This subsection shall not apply to handheld tools, handheld equipment, and other items which by their size or configuration cannot accommodate the warning signs specified in G.S. 95-229.6(5)."
Section 4.  This act is effective when it becomes law and applies to contracts entered into after October 1, 1997.