[Adopted 12-22-2008]
In order to protect the General Public from the hazards inherent
in open, unattended trenches the Commonwealth of Massachusetts has
enacted legislation in the form of Chapter 82A of the General Laws
requiring a permitting process be established for opening trenches
on public and private property. This regulation is the local implementing
directive for the permitting process for excavation of trenches on PRIVATE PROPERTY and on PUBLIC PROPERTY NOT WITHIN THE LAYOUT OF
a PUBLIC WAY. Rules and Regulations governing work performed within the layout of public roadways are found in Chapter 197 of the Code of the Town of Northbridge, Article I, Road Opening Permit Rules and Regulations.
A.
Authority. The authority for establishing this regulation
is as follows:
(1)
Massachusetts General Laws Chapter 82A, Excavation and Trench Safety:
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§ 2. Each city, town or public agency shall designate 1 board or officer to issue permits for the excavation of trenches on privately owned land and for the excavation of a public way of a city or town.
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(2)
520 CMR 14.00, Excavation and Trench Safety (a copy of which is attached
herewith). Compliance with the requirements of this state regulation
is implicit in the issuance of a permit under this regulation.[1]
[1]
Editor's Note: A summary of the state regulations is included at the end of this chapter. A complete copy of 520 CMR 14.00 is on file in the Town offices.
(3)
Code of the Town of Northbridge:
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§ 5-107. Fees and charges by municipal agencies.
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A.
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Any municipal agency which is otherwise authorized to
issue a license, certificate or permit, or to render a service or
to perform work for a person or class of persons, may from time to
time fix a reasonable fee for the license, certificate, permit or
for rendering the service or for performing the work in the manner
provided in MGL C. 40, § 22F.
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B.
Implementation. All provisions of these rules and regulations shall
be in effect beginning on March 1, 2009 or the date of adoption by
the Northbridge Board of Selectmen whichever is later.
C.
Permitting Authority. The Department of Public Works is hereby designated
the Permitting Authority for the Town of Northbridge under this regulation.
The Permitting Authority is located at 11 Fletcher Street with normal
office hours of Monday thru Friday, 7:00 AM to 3:00 PM.
A.
Within Public Ways. Procedures for obtaining permits for work to
be performed within the layout of public ways are detailed in the
Code of the Town of Northbridge, CHAPTER 197, STREETS AND SIDEWALKS,
ARTICLE I, Road Opening Permit Rules and Regulations, the provisions
of which are incorporated herein by reference for any excavation work
to be performed both on private and public property.
B.
On Private Property or Public Property not within the layout of Public
Way. Excavators who propose to construct a trench on private property
or on public property not within the layout of a public way must obtain
a permit from the Town. The permit application form is included in
this regulation.[1] The application must be fully completed and submitted
to the Permitting Authority a minimum of three (3) business days (municipal
holidays excluded) prior to the proposed start of the work.
[1]
Editor's Note: A copy of the Trench Permit Application is included at the end of this chapter.
A.
Submission of Application: Applicants must submit a fully completed
permit application to the Permitting Authority a minimum of three
(3) business days (municipal holidays excluded) prior to the proposed
start of the work. In addition to the completed application, the applicant
must provide a certificate of insurance with general liability coverage
of $100,000 per person and $300,000 per claim or provide evidence
of self-insurance in equal amounts.
B.
Permit Fee: Applicants must submit with their application a permit
fee of $25.00. Fee shall be paid by check made payable to "The Town
of Northbridge." When work is to be performed by any department of
the Town of Northbridge or their agent or contractor, the permit fee
shall be waived. Additionally, the permit fee shall be waived for
any public utility company governed by the rules of the Massachusetts
Department of Public Utilities when the work is intended to extend,
repair, replace or maintain the system of the public utility company.
However, all other provisions of these rules and regulations shall
apply.
C.
Term of Permit:
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Permits issued under this regulation shall expire thirty (30)
calendar days from the date of issue. Prior to the expiration date,
they may be renewed for an additional thirty (30) calendar days without
additional permit fee. Thereafter, each subsequent thirty-day renewal
shall require the payment of an additional permit fee.
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If the construction period is anticipated to be of extended
duration, the permit may be issued for the entire construction period.
The permit fee for the entire period shall be calculated as follows:
$25.00 for the initial 60 calendar days and $25.00 for each additional
30 calendar day period or portion thereof. Applicants must notify
the permitting authority within three (3) calendar days when all work
under the permit has been completed.
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D.
Posting of Permit: All permits issued pursuant to this regulation
shall be posted in plain view on the site of the trench. All permits
shall be made available to the permitting authority, any investigator
from the Division of Occupational Safety, any inspector of the Department
of Public Safety, or any other lawfully authorized authority.
A.
General: Wherever an unattended trench exists, the operation shall
be secured in a safe manner and suitable protection for the general
public shall be provided. The permit holder shall secure the unattended
trench to prevent unauthorized entry when work is not in progress.
B.
Trenches at Fixed Work Sites other than on a Public Way: Access to
unattended trenches opened during construction at a fixed work site
on public or private property shall be restricted by covers or portable
barriers.
(1)
Where covers are used they shall be comprised of steel metal plates
no less than 3/4 inches thick or equivalent. Covers shall be placed
over trenches. Such covers shall be level and physically secure to
prevent the creation of a hazard by inadvertent movement.
(2)
Where portable protective barriers are used, barriers of a height
not less than 6 feet shall be constructed surrounding the entire perimeter
of the trench.
(a)
Barriers comprised of multiple sections may allow not more than
four inches between each section. Adjacent sections must be securely
fastened to each other.
(b)
Openings between the ground and fence shall not exceed 4 inches.
(c)
Fence-type barriers shall be secured by vertical support members
not more than ten feet apart. Fencing spaces shall not exceed 4 inches
when measured as mesh size or between slats.
(d)
Solid barriers shall not contain holes or indentations larger
than 4 inches.
(e)
All horizontal support members shall be located on the trench
side of the barrier.
(f)
The wall of a dwelling or other permanent structure of a height
of not less than six feet may serve as part of the barrier, provided
it complies with all of the provisions of this section.
(g)
Gates and other means of egress
must:
(h)
Barriers must be clearly marked on all sides with signs indicating
"Danger — Do Not Enter," "Authorized Personnel Only"
or equivalent warning.
(i)
Barriers shall be placed at a sufficient distance from the trench
to be unaffected by changing conditions of the trench site.
(3)
The provisions of this section may be substituted by continuous personal
monitoring of the unattended trench by the permit holder or by person(s)
under the control and direction of the permit holder.
(4)
The provisions of this section may be substituted by backfilling
the work site while unattended.
(5)
The permitting authority may require any additional, site-specific
provisions it deems necessary to protect the general public as a condition
to any permit issued.
A.
Immediate Shutdown: Whenever the permitting authority, or an inspector
from either the Department of Public Safety or the Division of Occupational
Safety deems a condition at a trench site to be a threat to public
safety he may order that the area around the trench be made safe for
the general public and may further order the immediate shutdown of
the site until such time as the condition has been corrected to the
satisfaction of the authority responsible for the immediate shutdown.
B.
Conditions Warranting Shutdown: Conditions which warrant immediate
shutdown of a trench site by the local permitting authority, an inspector
from the Department of Public Safety or the Division of Occupational
Safety may include:
(1)
A fatality or serious injury to a member of the general public;
(2)
Failure to use protections for the General Public in accordance with
this regulation or an ineffective use of any protection for the General
Public allowed by 520 CMR 14.04;
(3)
Failure to obtain a permit from the permitting authority;
(4)
Any other condition that constitutes a serious threat to life, limb
or property of the general public as determined by the permitting
authority, an inspector from the Department of Public Safety, or the
Division of Occupational Safety.
A.
Corrective Actions: In the event that the permit applicant/permittee
fails to implement or effectively use adequate protection for the
general public or leave a trench unattended, the permitting authority
or other competent authority may take any of the following corrective
actions or combinations thereof:
B.
Reimbursement of Costs: The permit applicant/permittee shall be responsible
for all costs associated with the above corrective actions. Reimbursement
of these costs must be made before excavating operations will be allowed
to resume.
C.
Appeals: The process to appeal shutdown of work or suspension of
excavation permits is detailed in 520 CMR 14.05, the provisions of
which are incorporated herein.
