Utah State Law
TITLE 54, CHAPTER 8a, DAMAGE TO UNDERGROUND UTILITY FACILITIES ACT (54-8a)
As amended through 2024
Click here to view the full Utah Code 54-8a on the state’s website
NOW EFFECTIVE – AMENDED CHANGES TO UTAH CODE 54-8a:
During the 2024 Utah Legislative Session, Senate Bill 145 amending Utah Code Title 54, Chapter 8a, Damage to Underground Utility Facilities Act was introduced, passed, and signed by the Governor to become law.
The amended changes became effective on Wednesday, May 1, 2024.
Click here to view the Enrolled Copy of S.B. 145 containing the changes
Contractors, Excavators, Facility Operators, and Locators are encouraged to review the complete details of the amended changes to Utah Code Title 54, Chapter 8a, Damage to Underground Utility Facilities (sometimes referred to as “the Blue Stake Law”).
Highlighted provisions of the amended changes include:
- New “No Response Notice” Ticket Revision Type was established, with short code of “NRSP”, and is used when a Facility Operator has not responded or marked within the appropriate time frame of the original locate request. If an Excavator is aware of or observes indications of a facility that was not marked in the work area covered by a current locate request, they are required to submit a NRSP notice to Blue Stakes before they can start digging and provide which facility operator(s) or facility type(s) have not responded or marked. Blue Stakes will only send the NRSP notice to those member facility operators/facility types indicated by the excavator. Facility Operators will be required to respond and/or mark their facilities within 4 business hours of the NRSP notice. With the addition of this new NRSP ticket revision type, the 2nd Notice (2NDR) ticket revision type has been eliminated.
- 48-hours has been redefined to mean “a 48-hour period, occurring during business days that includes any day except Saturday, Sunday, or a holiday, that begins at 8:00 a.m. on the first business day after notice has been submitted.” This provides additional time for the operator to complete their markings and will require the excavator to plan a little bit further in advance. This also diminishes the importance of what time of day a locate request is submitted to Blue Stakes, since every locate request submitted during the business day will be valid at 8 AM on the date it is legal.
- Life of a Locate Request changed from 14 to 21 calendar days before it expires. All locate requests will now be valid for 21 days (instead of just 14). New locate requests will expire at 8 AM on the 21st day after they are submitted. Update locate requests will extend for 21 days from when the locate request that is being updated expires.
- Additional Terms now Defined in the Law:
- Backfill – This is now defined to mean “soil or material that is approved for the soil or material’s intended use and meets a project’s plans and specifications.”
- Business hours – This is now defined to be the hours between 8 AM and 4 PM, Monday through Friday, excluding holidays, which is the same as Blue Stakes current operating hours.
- Electronic Positive Response (EPR) system – Now defined and encouraged but remains a voluntary system.
- Excavation notice – This remains very similar to how it was already contained in the law, but now defined as a term that can be utilized throughout this section as needed.
- Holiday – This is now defined and is the same as the current and published Blue Stakes Holiday observations.
- Mark – This remains very similar to how it was already contained in the law, but now defined as a term that can be utilized throughout this section as needed. Blue Stakes will be transitioning away from the usage of the term “Stake” in favor of using “Mark” universally.
- Municipality – This is now defined to mean “the same as that term is defined in Section 10-1-104.”
- Tolerance zone – This remains very similar to how it was already contained in the law, but now defined as a term that can be utilized throughout this section as needed.
These amendments have brought about changes to Blue Stakes processes, procedures, and software that were implemented on the effective date of May 1, 2024. We will continue to update our law page and other pages as more specifics are defined and questions arise.
We encourage all to prepare for and follow these law amendments and Blue Stakes changes by reviewing the complete details of the changes, considering how they may impact your own processes, procedures, or software, and prepare and make the necessary adjustments on your end.
Association Members can contact our Member Services department with member related questions at member@bluestakes.org or 811 / (801) 208-2100 Option 3.
If you would like Blue Stakes to conduct a safety meeting, FREE OF CHARGE, for your organization to discuss the new amendments along with other damage prevention information, please contact our Public Awareness & Education department at education@bluestakes.org or (801) 208-2116 to schedule a meeting. Also to request a revised copy of the Excavators’ Guide published by Blue Stakes containing the new law amendments, when available.