[HISTORY: Adopted by the Special Town Meeting of the Town
of Nantucket 12-8-2008 by Art. 12. Amendments noted where applicable.]
The purpose of this chapter is to establish reasonable standards
to protect the safety of the citizens of the Town of Nantucket from
the hazards inherent in trenches and to provide for penalties for
individuals who violate any provision of this chapter.
Pursuant to the provisions of MGL c. 82A, the regulations of
the Department of Public Safety in conjunction with the Division of
Occupational Safety as promulgated under 520 CMR 14.00 regarding excavation
and trench safety are expressly incorporated into this chapter by
reference. A reasonable fee to defray the cost of administration incurred
in the review and processing of permits under this chapter shall be
established pursuant to MGL c. 40, § 22F, and MGL c. 82A,
§ 2.
The Director of the Department of Public Works or his designee
shall serve as the "permitting authority" for excavations to take
place on both property that is owned or controlled by a public agency
or that a public agency otherwise has a property interest in, including
but not limited to an easement, and for excavations to take place
on privately owned land. Designees of the Director of the Department
of Public Works may include the Building Inspector and the Fire Chief
or their respective designees.
In the event that the permitting authority becomes aware or
is notified of an unattended trench during a time when the permit
holder is unavailable, it may require a Fire Department detail to
attend such unattended trench to protect the general public, the cost
of which shall be assessed to the permit holder.
The provisions of this chapter shall apply to any excavator
in the Town of Nantucket.
Any person violating this chapter shall be fined $300.00 for each offense, each day constituting a separate offense. The enforcing persons for this bylaw shall be the permitting authority or his designees and any one fire shift commander of the Town of Nantucket. Noncriminal disposition of violations shall be available to apply to violations pursuant to Chapter 1, Article II, of the Code of the Town of Nantucket.
