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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 54 Pa.B. 2336 (April 27, 2024).

67 Pa. Code § 459.6. Emergency work.

§ 459.6. Emergency work.

 (a)  General rule. Emergency repairs involving the placing of facilities or opening of the surface within the right-of-way may be performed prior to obtaining a permit if the following procedure is adhered to:

   (1)  Utility owners or operators may obtain emergency permit cards by submitting an application, on Department Form M-945A or on company stationary, to the district office having jurisdiction over the State highways in which the utility facilities are located. The application shall be accompanied by a check or money order, in the amount specified in §  459.4 (relating to permit fees). The utility facility owner or operator shall promptly notify the district office by telephone, when the necessity for an emergency repair occurs during the hours of 8 a.m. to 4 p.m., Monday through Friday. Emergency work occuring at other times shall be reported to the district office on the following work day.

   (2)  Prior to opening the surface or placing utility facilities within the right-of-way, the utility work crew shall enter the following information on the emergency permit card in legible handwriting, using indelible ink:

     (i)   Date emergency work is started.

     (ii)   Time emergency work is started.

     (iii)   Location of emergency work site.

     (iv)   Description of emergency work.

   (3)  The completed, original emergency permit card shall be located at the work site and shall be available for inspection by any police officer or representative of the Department. Reproduced copies of the original card shall not be valid.

   (4)  A permit shall be applied for within 15 days to confirm and set forth, in detail, any work performed. The application number shall then be entered on the emergency permit card by the applicant.

   (5)  Work performed under authority of an emergency permit card shall conform to this chapter; see in particular § §  459.7—459.9 (relating to general conditions; special conditions—subsurface operations; and special conditions, above-ground facilities).

 (b)  Use of card. An emergency permit card shall be valid for 1 year or 25 emergency repairs, whichever occurs first.

   (1)  Emergency permit cards may be obtained by submitting an application to each district office in which the utility’s facilities are located, listing thereon the number of emergency permit cards desired.

   (2)  The utility shall be responsible for assigning the proper emergency permit cards to its work crews.

   (3)  An emergency permit card shall be returned to the issuing district office within 15 days after either the 25th emergency repair authorized by the card or 1 year from the card issuance date, whichever occurs first.

 (c)  Exceptions. Emergency repairs to utility facilities within the right-of-way do not require an emergency permit card in those instances when a permit application is not required, as identified in §  459.3(a) (relating to permit application procedure).


   The provisions of this §  459.6 amended under sections 411, 420 and 702 of the State Highway Law (36 P. S. § §  670-411, 670-420 and 670-702).


   The provisions of this §  459.6 adopted July 13, 1979, effective August 13, 1979, 9 Pa.B. 2338; amended August 7, 1981, effective August 8, 1981, 11 Pa.B. 2779; amended January 20, 1989, effective March 22, 1989, 19 Pa.B. 241. Immediately preceding text appears at serial pages (73626) and (63767) to (63768).

Cross References

   This section cited in 67 Pa. Code §  203.24 (relating to highway occupancy permit work on State-designated highways); 67 Pa. Code §  212.4 (relating to application); 67 Pa. Code §  459.1 (relating to definitions); 67 Pa. Code §  459.3 (relating to permit application procedure); 67 Pa. Code §  459.7 (relating to general conditions); and 67 Pa. Code §  459.8 (relating to special conditions—subsurface operations).

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