[HISTORY: Adopted by the Board of Trustees
of the Village of Hewlett Harbor 8-8-1957 as Ord. No. 51. Sections
49-2B and 49-9 amended at time of adoption of Code; see Ch. 1, General
Provisions, Art. I. Amendments noted where applicable.]
No person or corporation shall hereafter within
the Village of Hewlett Harbor dig, construct or excavate any cesspool,
well, trench, ditch or similar excavation five feet or more in depth
without first obtaining and thereafter holding unrevoked a permit
therefor as hereinafter provided.
Applications for permits under this chapter
shall be in writing and shall be filed with the Building Inspector.
A.
Such applications shall state with particularity the
nature and location of the proposed work, the property upon which
the work is to be performed, the name and address of the contractor
or other person who is to perform the work and, if the Building Inspector
shall require, the manner in which the walls or sides are to be braced,
shored and supported.
C.
In case the cesspool, well, trench, ditch or excavation
is to be dug, constructed or excavated in connection with other work
for which a permit is required under the provisions of the Building
Zone Ordinance, the Sewer Code, or other legislative enactment of
the Village of Hewlett Harbor, and the application for such permit
contains the information required by this chapter, no permit is required
under this chapter in addition to the permit which may be issued under
the provisions of such other legislative enactment, but no such permit
will be issued unless the provisions of this chapter are complied
with in addition to the provisions of such other legislative enactment.
No permit shall be issued hereunder unless the
application shall have first been approved by the Building Inspector,
or other person designated by the Board of Trustees for such purpose,
and unless the Building Inspector or such other person as may be designated
by the Board of Trustees shall be satisfied that the work is to be
carried on without danger of injury to persons or property. The Building
Inspector may attach to the granting of the permit such terms and
conditions as he may determine, and each and every one of such terms
and conditions shall be complied with. In case of a violation of any
such terms and conditions or in case the work shall be done in a manner
different from that stated in the application, the Building Inspector
or the Village Clerk or the Board of Trustees, or any of them, may
forthwith and without notice revoke such permit, and in addition,
the person violating the same shall be subject to the penalties provided
for a violation of this chapter.
No person shall within the Village of Hewlett
Harbor dig, construct or excavate a cesspool, well, trench, ditch
or similar excavation five feet or more in depth or permit any such
cesspool, well, trench, ditch or excavation to be dug, constructed
or excavated unless the walls or side thereof shall, at all times
during the progress of the work and permanently after the completion
thereof, be securely braced, shored and supported with boards, timbers,
walls or other supports approved by the Building Inspector.
In the case of a simple excavation, the following
additional regulations shall be complied with:
A.
The sides of excavation five feet or more in depth
shall be supported by substantial and adequate sheeting, sheet piling,
bracing, shoring, etc., or the sides of the excavation sloped to the
angle of repose of the material being excavated, where there is apparent
danger of slides, slips or cave-ins and where undercutting of banks
or walls of the excavation is pertinent to the excavation system.
Such protection shall be consistent with the magnitude of the work
and the character of the material in which the excavation is made.
B.
Foundations, adjacent to where excavation is to be
made below the depth of the foundation, shall be supported by shoring,
bracing or underpinning as long as the excavation shall remain open.
C.
Excavated or other material shall not be stored nearer
than two feet from the edge of the excavation.
D.
A temporary guardrailing or other effective guard
or barricade shall be provided at or near the edge of an excavation
as soon as possible, except where the installation of such safeguard
will interfere with the excavation or other work.
E.
Red lights or torches, maintained from sunset to sunup,
shall be placed on excavation barricades and along the sides of unbarricaded
excavations which are exposed to paths, walkways, sidewalks, driveways
or streets.
F.
Material used for sheeting and sheet piling, bracing,
shoring and underpinning shall be in good serviceable condition, and
timbers used shall be sound, free from large or loose knots and of
the required dimensions. The material specifications are the minimum
requirements and the spacing of material members is the maximum allowable
in securing trenches against slips, cave-ins and slides. Where conditions
are encountered which require materials of greater strength or closer
spacing of timbers to hold the soils securely in place, the sizes
of timbers in such cases shall be increased to compensate for the
overload.
In the case of trench excavations, the following
additional regulations shall apply:
A.
The sides of trenches in hard compact material which
are five feet or more in depth and eight feet or more in length shall
be securely held by shoring and bracing.
B.
If the unit tunnel method is used, the length of earth
left in place between the separate unit trenches shall be not less
than 1/2 the depth of the trench and shall be considered as taking
the place of shoring and bracing.
C.
Whenever or wherever the unit tunnel method is used
and where there is apparent danger of slips, slides or cave-ins, trenches
or tunnels in which men are employed shall be shored and braced or
otherwise retained as may be necessary to prevent caving.
D.
Trenches over eight feet in length and five feet or
more in depth in hard compact material shall be braced at intervals
not exceeding eight feet, with two-inch-by-six-inch planks, or heavier
materials, placed vertically in the trench opposite each other, backed
up by two-by-ten planks bearing against the walls at the same intervals
as cross braces, struts or trench jacks. These braces shall, if possible,
extend to the bottom of the trench and be supported by horizontal
cross braces and struts. Bracing and shoring of trenches shall be
carried along with the excavation and must in no case be omitted,
except that where a mechanical digger is used, the shoring shall be
placed within six feet of the lower end of the boom. Undercutting
shall not exceed six inches on either side of the trench.
E.
Trenches in partly saturated, filled or unstable soils
or where running material is encountered, such as quicksand, loose
gravel, loose shale or completely saturated material, the sides of
the trenches four feet or more in depth shall be secured by the use
of continuous vertical sheet piling and suitable braces. In trenches
over four feet in depth, wooden sheet piling shall not be less than
two inches in thickness.
F.
Sheet piling shall be held in place by longitudinal
beams at vertical intervals of four feet. The longitudinal beams shall
in turn be supported by the cross braces or struts spaced a maximum
of four feet. The longitudinal beams shall be in no case less in strength
than that of a four-by-four-inch beam, and when the longitudinal distance
between the cross braces or struts exceeds four feet and less than
six feet, the longitudinal beam shall not be less than a four-by-six-inch
beam.
G.
Vertical braces and longitudinal beams in trenches
shall be supported by horizontal cross braces or struts, screw jacks
or timber placed at right angles to both braces, cleated and rigidly
screwed or wedged. The timbers or struts shall not be less in strength
than the following trade sizes:
|
Width of Trench
(feet)
|
Size of Cross Braces or Struts
(inches)
|
|---|---|
|
1 to 3
|
4 by 4
|
|
3 to 6
|
4 by 6
|
|
6 to 8
|
6 by 6
|
H.
One horizontal cross brace or strut shall be required
for each four feet of depth or major fraction thereof.
I.
In case it is desired to increase the vertical spacing
between longitudinal beams or cross struts, the longitudinal beams
or cross struts and vertical sheet piling shall be increased in size
to compensate for the overload.
J.
Additional precautions by way of shoring and bracing
shall be taken to prevent slides, slips or cave-ins when excavations
or trenches are made in locations subjected to vibrations from highway
traffic, the operation of machinery or any other source.
K.
Ladders, extending from the floor of trench excavation
to not less than three feet above the top ground surface, shall be
placed in the trench excavation at fifty-foot intervals to be used
as a means of entrance and exit therefrom.
In the event that the Building Inspector shall
deem that the walls or sides of any such cesspool, well, trench, ditch
or excavation within the Village are insufficiently braced, shored
or supported or that a dangerous condition exists in or about or because
of such cesspool, well, trench, ditch or excavation or that any regulations
issued by him or provided in this chapter have not been complied with,
he may order all work in progress to be stopped and discontinued and
prohibit all persons from entering such cesspool, well, ditch or excavation
and may order any walls, boards, timbers or other supports to be removed
and replaced by such as he may deem sufficient and may take such other
steps as he may deem necessary or advisable to remove the said danger
and remedy the said conditions.
The Board of Appeals of the Village of Hewlett Harbor shall have jurisdiction to hear and determine appeals from any action of the Building Inspector under this chapter, but the taking of such appeal shall not stay or postpone compliance with any order, direction or other requirement of the Building Inspector under § 49-5 of this chapter.
Every owner, tenant or occupant and every architect, engineer, contractor, subcontractor, foreman or workman who shall dig, construct or excavate or who shall cause to be dug, constructed or excavated, in whole or in part, any cesspool, well, trench, ditch or excavation contrary to the provisions of this chapter or any regulation herein contained or issued hereunder, and every owner, tenant or occupant and every superintendent, manager, agent or employee of the owner, tenant or occupant of any land or premises upon which any violation of the provisions of this chapter or the requirements of any such regulation shall exist, and every owner, tenant or occupant and every superintendent, manager, agent or employee of the owner, tenant or occupant of any such land or premises, and every owner, architect, engineer, contractor, subcontractor, foreman or workman who shall fail or refuse to obey or carry out any order or direction of the Building Inspector issued pursuant to this chapter, shall be liable to the penalty and other punishment provided in § 1-15 of this Code for a violation thereof.
