ABS provides the ability for authorized persons/companies to create a Design request (by use of E-Stake
) to identify a specific list of member underground facility owners/operators potentially impacted by the geographic location of a future project for the purpose of determining the location of those underground facilities for planning and design purposes. Underground facility owners/operators are not required by law to mark the location of their facilities in response to Design tickets.
The law states:
“Information contained in installation records relating to the nature and location of underground facilities, but not the installation records themselves, shall be made available on a confidential basis within ten working days from a written request to persons who are engaged in the design of construction projects involving excavation in a public street, alley, right-of-way dedicated to the public use, or public utility easement, in any express or implied private property utility easement, or in an apartment community or mobile home park. The underground facilities operator shall make the same information available to authorized persons who are complying with a requirement imposed by contract providing for construction projects involving excavation in a public street, alley or right-of-way dedicated to the public use or public utility easement, in any express or implied private property utility easement, in any apartment community or mobile home park or by operation of law. The only lawful use of the information that is obtainable pursuant to this subsection is to minimize delays of construction projects. The underground facilities operator may indicate any portions of the information that are proprietary and require the authorized person to protect proprietary matters. The underground facilities operator may satisfy the requirements of this subsection by allowing an authorized person to inspect or copy the installation records required by this section, without charge, or may provide the information in another manner for a reasonable fee. The underground facilities operator is not liable to any person for damages arising from any person's inspection of or reliance on the installation records that are made available for the purpose of complying with this subsection. “