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Underground Safety Board finds violations across multiple excavation cases, orders education and fines
Summary
At its July 14 meeting in Sacramento, the California Underground Safety Board found violations in more than a dozen excavation incidents, ordering mandatory educational courses in every case and financial penalties in most. The board forwarded recommendations to the Contractors State License Board for final discipline.
The California Underground Safety Board on July 14 found multiple contractors and excavation firms in violation of state excavation rules and recommended educational and monetary sanctions to the Contractors State License Board.
The board considered more than a dozen separate enforcement cases involving failures to notify the regional notification center before digging, and failures to contact emergency services after damaging subsurface installations. In every case the board recommended that the contractor complete the board’s required education course; in most cases it also recommended a monetary penalty ranging from $1,000 to $8,000. The board’s findings will be forwarded to the Contractors State License Board for final action.
Why it matters: the violations involve the core safety practices of the state's "call before you dig" system (California Government Code section 4216 and implementing Title 19 regulations). Board members emphasized that even small projects and residential ADU work can put neighbors and first responders at risk when statutory steps are skipped.
The board opened its enforcement docket by finding violations in a small-business case brought by Artistry Development (Investigation N2424954). Owner Cody Moore addressed the board in person and said, "I came here just to take responsibility for the matter. I've never had an issue like this happen before." The board found two violations (failure to notify the regional notification center before excavating and failure to call 911 after damaging a gas service) and recommended completion of the board education course with no fine at this time; that recommendation was adopted by the board.
Across later cases the board generally followed staff's sanction recommendations. Examples discussed and the board's recommendations included (summary; final discipline will be set by the Contractors State License Board):
Votes at a glance: the board recorded and adopted motions for each case summarized below. Vote counts shown are the roll-call results announced during the meeting and were read into the record by the secretary before each motion was adopted.
- Artistry Development (Investigation N2424954): Found to have violated Gov. Code —216.2(b)— and 4216.4(c)(1); recommended mandatory board education course; no fine recommended. Vote: adopted (5-0).
- Drain Aid Plumbing (Investigation 247255): Violations: 4216.2(b) and 4216.4(c)(1); recommended education course and $1,000 fine. Vote: adopted (5-0).
- Desert Escape Management (Investigation 23NTS0015): Violations: 4216.2(b) and 4216.4(c)(1); recommended education course and $1,000 fine. Vote: adopted (5-0).
- Sciala Construction Inc. (Investigation 2247224): Violations including failure to notify before excavation and failure to call 911; recommended education course and $6,000 fine. Vote: adopted (4-1).
- Phase 3 Communications (Investigation C241500002): Violations: excavating without an active ticket and failure to cooperate with investigation (Title 19); recommended education course and $1,000 fine. Vote: adopted (5-0).
- Breach Concrete Construction (Investigation cited in packet): Violations found; recommended education course and $1,000 fine. Vote: adopted (5-0).
- Framework Construction & Remodeling (Investigation 02/1961): Violations found; recommended education course and $1,000 fine. Vote: adopted (5-0).
- Sullivan Ramirez Plumbing (Investigation M2427573): Violations found; recommended education course and $2,000 fine. Vote: adopted (5-0).
- HTA Construction & Development (Investigation 02/1941): Violations found; recommended education course and $2,000 fine. Vote: adopted (5-0).
- RV Plumbing (Investigation N242980054): Violations found; recommended education course and $1,000 fine. Vote: adopted (5-0).
- Fairway Landscape & Irrigation (Investigation N24284): Violations found; recommended education course and $2,000 fine. Vote: adopted (5-0).
- FK Design & Construction (Investigation 02/2694): Large-damage incident involving a two-inch gas main and an ignition; the board recommended the education course and an $8,000 fine, reflecting the severity and the operational risks in that event. Vote: adopted (5-0).
- Labor Concrete Construction (Investigation 02/1941): Violations found in an ADU project; recommended education course and a $5,000 fine. Vote: adopted (5-0).
- Action Power Inc. (Investigation C241570001): Violations found; recommended education course and an $8,000 fine. Vote: adopted (5-0).
- Dynamic General Construction (Investigation 23NTS0016): Violations including failure to notify and failure to report excavation damage within two hours in compliance with Title 19; recommended education course and a $5,000 fine. Vote: adopted (5-0).
Board deliberations and rationale: board members repeatedly stressed that the statutory duties under Government Code section 4216 ' to request locates before breaking the plane of the ground ' and the obligation to contact emergency services if a line is damaged, are not discretionary. Several members said they considered education mandatory in every case and imposed monetary penalties where the record showed failure to cooperate with investigators, willful disregard for established practice, use of heavy equipment, or repeated/elevated risk to the public.
The board also noted a frequent context for incidents: residential ADU work and other small excavation projects where contractors or homeowners do not consistently use the notification system. Several members urged outreach and training targeted at operators who perform small-scale, frequent work in neighborhoods.
What happens next: the board's motions recommend sanctions and are advisory to the Contractors State License Board. Staff will forward the board's findings and recommended sanctions to CSLB for final enforcement action. Several respondents had already taken corrective steps or submitted remedial plans during or after the investigation; the board asked staff to attach those documents to the CSLB referral.
Ending: the board scheduled continuation of its agenda for the next day and directed staff to prepare formal referral packages for all adopted enforcement recommendations.
