If charged with a violation of RCW 19.122.090, an equipment operator is deemed to have established an affirmative defense to such charges if:

1. (1) The equipment operator was provided an excavation confirmation code;
2. (2) The excavation was performed in an emergency situation;
3. (3) The equipment operator was provided a false confirmation code by an identifiable third party; or
4. (4) Notice of the excavation was not required under this chapter.

[ 2025 c 292 s 10; 2011 c 263 s 16; 2005 c 448 s 6.]

Notes:

Report—Effective date—2011 c 263: See notes following RCW 19.122.010.