[HISTORY: Adopted by the City Council of the City of Springfield 2-5-2009 (Title 12, Ch. 12.20, of the 1986 Code). Amendments noted where applicable.]
Construction, sanitary and safety codes — See Ch. 153.
Streets and sidewalks — See Ch. 338.
The City of Springfield hereby adopts the excavation and trench safety regulations promulgated pursuant to 520 CMR 14.00, 14.01 through 14.05, as subsequently amended, regarding trench excavation in any public way, public property, and privately owned land within the City of Springfield.
The purpose of this chapter is to establish reasonable trench excavation standards to protect the safety of the citizens of Springfield from hazards inherent in trenches.
This chapter is authorized by MGL c. 82A, § 1, and 520 CMR 14.00 et seq., as promulgated by the Department of Public Safety in conjunction with the Division of Occupational Safety and as amended from time to time. This chapter shall apply to all excavation and trench safety only insofar as it does not conflict with any prevailing state or federal statute or regulation applicable to the City.
This chapter shall apply to any excavator, as defined by 520 CMR 14.02, as subsequently amended. ("Excavator." Any entity including, but not limited to, a person, partnership, joint venture, trust, corporation, association, public utility, company or state or local government body or public agency which performs excavation operations, including the excavation of trenches. 520 CMR 14.02).
No person shall, except in an emergency, make a trench excavation in any public way, public property, or privately owned land until a permit is obtained from the appropriately designated permitting authority. The City of Springfield hereby designates the Director of the Department of Public Works to issue permits for the excavation of trenches on privately owned land or land owned by the City. See 520 CMR 14.03(2)(b).
When issuing a permit under this section, the permitting authority shall attach a summary of OSHA Regulation 1926 Subpart P, Excavations, and a summary of any regulation promulgated by the Department of Public Safety in conjunction with the Division of Occupational Safety in accordance with MGL c. 82A, including 520 CMR 14.00 et seq.
In order to assure that this chapter is read in conjunction with and shall not supersede, be construed or be enforced in a manner that contradicts 780 CMR, the Massachusetts State Building Code, no permit applications for a trench excavation on privately owned land shall be approved until reviewed by the Commissioner of Code Enforcement for the City of Springfield.
The fee for a permit granted under the provisions of this chapter shall be $75.
The regulatory authority for this chapter is found in MGL c. 82A, §§ 1 through 5, as amended, and 520 CMR 14.00 et seq., as subsequently amended.
The enforcement of this chapter shall begin on January 1, 2009, in order to provide adequate time for excavators and permitting authorities to train their employees and implement the provisions contained within these regulations.