[Adopted 4-12-2004; amended in its entirety 1-12-2009]
In order to protect the integrity of all public rights-of-way, assure protection of all structures and utilities within and adjacent to these rights-of-way, and provide optimum safety and convenience for the public; permission in accordance with the rules and regulations herein described must be obtained from the Northbridge Department of Public Works hereinafter referred to as the “Department”, before excavating or in any way disturbing public rights-of-way, or extending/connecting to a Town owned utility. These rules and regulations apply when work is to be performed within the layout of a public way.
These rules and regulations require compliance with all provisions of 520 CMR 14.00 EXCAVATION AND TRENCH SAFETY to protect the general public from the hazards associated with trench excavation. A full copy of this regulation is included herein and excavators are required to comply with all provisions.
A. 
Authority.:
The authority for this requirement is found in the Code of the Town of Northbridge as follows
§ 6-101. Permit required to obstruct streets.
No person shall place or cause to be placed or permit in any of the streets any tree, post, fence, curbstone, dirt, rubbish, wood, timber, snow, ice or material of any kind tending to obstruct or create a hazardous condition on a street or sidewalk without first obtaining a written permit from the Director of Public Works.
§ 6-102. Permit required to excavate streets.
No person shall break or dig up the ground in any street or sidewalk or set up any post, fence, tree or curbstone or other obstruction in any street or sidewalk without first obtaining a written permit from the Director of Public Works.
§ 6-110. Authority to require indemnification.
The board or officer issuing permits for the use of streets or sidewalks may, in its discretion, demand a suitable cash deposit, surety bond or insurance indemnity policy, to save the town harmless from all liability of any nature whatsoever caused directly, or indirectly by such use of the streets or sidewalks.
§ 5-107. Fees and charges by municipal agencies.
A.
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.
Additional authority for these rules and regulations is found in:
Massachusetts General Law Chapter 82A §§1-5 Excavation and Trench Safety 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 regulations.
B. 
Implementation. All provisions of these amended rules and regulations shall be in effect beginning March 1, 2009.
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.
Permits to perform work within public rights-of-way can be obtained only by licensed contractors. Licenses will be issued to those contractors who, in the opinion of the Department, are deemed qualified through experience and have demonstrated by past performance the ability to undertake the scope of work covered by the license.
A. 
Categories of Work. Three (3) categories of work are covered by the Contractor’s Licenses, as follows:
1. 
General Construction –  driveway, sidewalk, curbing construction, landscaping, etc
2. 
Service Connections – connection of a property or structure to a public or private utility (water, sanitary sewer, storm drainage) main or lateral.
3. 
Utility Main Construction – extension of a public or private utility system within the right-of-way (ROW).
B. 
License Requirements. Prior to obtaining a contractor’s license, the following information must be provided:
1. 
A listing of available equipment, previous projects of similar size and scope to the work being contemplated, completed within the last three (3) years with references that may be contacted about these projects.
2. 
A street opening bond in the amount of ten thousand dollars ($10,000) shall be obtained from a surety company licensed to do business in the Commonwealth of Massachusetts and approved by the Town. The bond shall be valid and in full effect for the term of the license and shall bind the contractor to the faithful performance and completion of the work in accordance with all applicable specifications of the Department.
3. 
A certificate of insurance showing that the contractor has the following minimum insurance coverages. The Town of Northbridge shall be named as "Additional Insured":
Commercial General Liability
Per occurrence/aggregate - $1,000,000/$2,000/000
Automobile Liability - Bodily Injury and Property Damage
Minimum of $1,000,000 on a combined single limit for bodily injury and property damage
Employer’s Liability Insurance - Worker’s Compensation
Limits as required under the laws of the Commonwealth of Massachusetts
Umbrella or Excess Liability Insurance
Not less than $2,000,000 over and above primary limits
C. 
Term of License and Fees.
Licenses shall be issued for a term of one calendar year or portion of a calendar, if issued in mid-year, and shall be renewable during the month of December of each year for the following calendar year. Licenses issued during the calendar during which these rules and regulations are adopted shall expire at the end of December of the following calendar year. License renewals must be accompanied by bond and insurance certificates described above which shall remain in force for the duration of the renewal period. At its discretion, the Department may waive the requirement to submit references for license renewals.
The annual license fee shall be one hundred and twenty-five dollars ($125.00) paid by check made payable to the Town of Northbridge.
D. 
Suspension of License.
The Department reserves the right to suspend or revoke a contractor’s license. One (1) documented incident of poor quality work or unwillingness to comply with these regulations shall result in a written warning and six months of probation during which time the contractor’s performance shall be monitored. Once on probation, one (1) documented incident of poor performance shall result in suspension of license for one (1) year followed by one (1) additional year on probation to be served after reinstatement of the license.
Additionally, the Department may suspend, revoke or refuse to issue a license if, in the opinion of the Department, the contractor is not adequately skilled or competent to undertake the work contemplated under the license.
Contractors may appeal any suspension, revocation or refusal to issue a license, in writing, to the Board of Selectmen within thirty (30) calendar days of written notification by the Department. The Board will make a determination based upon information submitted by the contractor and the Department and may request that the contractor appear before the Board to provide additional information regarding the appeal.
Probationary periods may not be appealed.
Permits and their associated fees are herein established for General Construction, Service Connections and Utility Main Construction. These requirements apply to any work being performed within the right-of–way (ROW) of a public street or roadway. In almost all instances the ROW for a public street is significantly wider than the width of the pavement. The ROW on many older streets is at least thirty-three (33) feet. Forty (40) to fifty (50) feet is most common in newer subdivision with sixty-six (66) foot rights-of-way on some streets. It is the contractor’s responsibility to ascertain the width of the ROW in the proposed work location. Information of ROW widths in most locations can be obtained from the Northbridge Department of Public Works.
A. 
General Construction. These projects are defined as follows:
1. 
Any excavation, of any depth, within the ROW of the road whether located in the pavement area or not. Installations of post mounted mailboxes within the ROW where the depth of excavation is less than two (2) feet are exempt from these permit requirements. Those installing mailboxes within the ROW must obtain a Dig Safe clearance before digging. Additionally, mailboxes installed within the ROW are subject to damage from snowplows and other roadway maintenance activities. The Town does not assume liability for damages to mailboxes that are installed within the ROW.
2. 
Placement of any equipment, fence, structure, container or other item, whether temporary or permanent, within the ROW of a public street, including obstruction of a public sidewalk, not requiring excavation. Examples include placement of equipment, materials and containers at construction sites.
3. 
Curb cuts, driveway paving and widening and walkway construction when all or a portion of the work is within the ROW.
B. 
Service Connections. These projects include excavation and installation, repair or replacement of any utility service line from any structure or property to any utility located within the ROW, whether or not the utility is located within the pavement. When connecting to a town utility, the contractor must present an approved connection permit indicating that all applicable connection fees have been paid.
C. 
Utility Main Construction.
These projects include the construction, repair, replacement or extension of any new utility main including water, sanitary sewer or storm drainage system located within the ROW, whether or not the utility is located within the pavement. Extension of the sanitary sewer system requires that the project proponent shall obtain a “Sewer Extension Permit” from the Massachusetts Department of Environmental Protection. No road opening permit will be issued for extension of a sanitary sewer system until a Sewer Extension Permit has been approved.
All extensions of or connections to the storm drainage system shall comply with the Massachusetts Department of Environmental Protection’s stormwater management policies. Storm drains, culverts and related installation, including catch basins, manholes, and curbing shall be installed as necessary to provide adequate collection of surface water from all streets and impervious surfaces within the project area. Any project that increases the impervious area shall have a stormwater management system designed to mitigate any increase in the rate and volume of stormwater runoff. The system shall be designed so as to not increase the peak rate of runoff or volume of stormwater runoff in the 2, 10, 25 and 100-year storm events.
D. 
Fees.
The fee for obtaining a road opening permit shall be based upon the location of the work and the total area to be disturbed by the work as follows:
1. 
Work performed in the right-of-way with no excavation in paved areas, including roads, streets and sidewalks: Twenty-five ($25.00) dollars.
2. 
Work performed in the right-of-way with removal of paved area, including roads, streets and sidewalks, of fifty square feet or less: Fifty ($50.00) dollars.
3. 
Work performed in the right-of-way with removal of paved area, including roads, streets and sidewalks, greater than fifty square feet: One ($1) dollar per square foot of disturbed pavement not to exceed Two-hundred ($200.00) dollars.
Fee shall be paid at the time of application 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 Telecommunications and Energy 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.
E. 
Dig Safe Clearance. Contractors applying for a road opening permit must first obtain a Dig Safe clearance for the proposed work area and must include the Dig Safe number on the permit application along with the date and time that the Dig Safe clearance will become effective. The number for contacting Dig Safe is 1-888-344-7233.
F. 
Posting of Permit. All Permits issued pursuant to this regulation shall be posted in plain view on the worksite. 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. 
Plan/Profile Requirements. Before any permit is issued, the Department may require that a complete plan and profile be submitted with the application. Plan and profile shall show the following:
1. 
Location of the proposed construction.
2. 
Exact location of all existing utilities within the proposed construction area that would be crossed or exposed during the construction.
3. 
Elevations of existing underground facilities crossed, exposed or connected to by proposed installations.
4. 
Elevations of proposed construction at all crossing points.
5. 
Inverts of all proposed manholes or cleanouts as well as inverts of existing facilities connected to by the proposed construction.
6. 
Plan shall be at a horizontal scale or 1 inch = 40 feet (1" = 40') or greater.
7. 
Profile shall be at a vertical scale of 1 inch = 4 feet (1" = 4') or greater.
B. 
General Requirements and Restrictions.
1. 
Permits will be issued only to contractors licensed by the Town of Northbridge.
2. 
The contractor shall notify the Department a minimum of twenty-four (24) prior to the start of any road opening work to allow for inspection of the work site.
3. 
No street opening permits shall be issued between November 15 and April 1, except in cases of emergency as determined by the Department.
4. 
No permits shall be issued on newly constructed, paved or accepted roads for a period of five (5) years following the paving or acceptance. If a roadway is opened due to an emergency, at a minimum, the following will be required:
a. 
The pavement shall be saw cut a minimum of one (1) foot beyond the width of the trench required for the repairs.
b. 
The trench shall be backfilled using controlled Density Fill (CDF). The CDF must be batched at a concrete plant and delivered in transit mixers, must be flowable, require no vibrating, and the finished product must be excavatable without the use of power tools.
c. 
After the trench has been properly backfilled as required above, the contractor shall restore the paved area to as good repair as when opened as determined by the Department. Pavement restoration methods required by the Department may include grind and inlay, infrared treatment or a complete curb-to-curb pavement overlay of the disturbed area(s).
5. 
If the proposed street opening for underground work affects more than fifty (50) feet of roadway measured longitudinally, the Department has the option of requiring grind and inlay, infrared treatment or a complete curb-to-curb pavement overlay of the disturbed area(s).
6. 
Except in emergencies, work shall be limited to the hours of 7:00 AM to 4:00 PM. On primary streets, work shall be limited to the hours of 9:00 AM to 3:00 PM unless approved by the Department. Primary streets include: Church St, Main St, Hill St, Sutton St, Linwood Av, Quaker St, School St and Providence Rd.
7. 
Except in emergencies, no work shall be permitted on Saturdays, Sundays and legal holidays. In addition, no new work shall commence on Fridays except as approved by the Department
8. 
No public shade trees, located within the ROW, shall be removed without the prior written permission of the Tree Warden. Cutting or removal of public shade trees is governed under the provisions of Massachusetts General Law Chapter 87.
9. 
No opening or excavation in any street shall extend beyond the centerline of the street before being backfilled and the surface of the street temporarily restored.
10. 
No more than one hundred (100) feet measured longitudinally shall be opened in any street at any time, except as specifically approved by the Department.
11. 
If a roadway patch begins to fail, the contractor must respond and repair the pavement on primary streets within four (4) hours of notification. On all other streets, the contractor must respond within twenty-four (24) hours of notification, unless a safety hazard exists. If a safety hazard exists, the contractor must respond within four (4) hours of notification. If the contractor fails to respond within the required time, the Department may respond to make temporary repairs. The total cost for labor, material and equipment incurred by the Department shall be billed to the contractor. Failure to make full payment within thirty (30) days of receipt of the bill will constitute grounds for suspension of the contractor’s license.
12. 
Should it be determined that an emergency requires immediate repairs to preclude a public safety hazard, the Department will make repairs and the contractor shall be billed for the total cost for labor, material and equipment incurred by the Department.
13. 
Unless granted permission by the Department, all work must be completed within fourteen (14) calendar days of commencing the work. Once the work is completed, the pavement shall be temporarily patched and the permanent patch shall be installed the following construction season, allowing approximately one year for settlement. The contractor shall be responsible for maintenance of the temporary during the settlement period.
14. 
All existing drainage facilities including brooks, streams, canals, rivers, culverts, catch basins and piping shall be adequately protected so as not to impede drainage or to cause siltation of downstream areas. Contractor shall comply will all requirements of Orders of Conditions issued by the Northbridge Conservation Commission and shall install all siltation controls prior to commencing work.
15. 
No work, other than of an emergency nature, shall be performed during snow and ice storms and during snow and ice control operations, or when weather conditions are determined by the Department to be inappropriate for the proper prosecution of the work.
16. 
Access to private driveways and fire hydrants must be maintained at all times during construction operations.
17. 
The contractor shall be responsible for obtaining all additional permits required for his equipment, work force, or particular operations (such as blasting) in the performance of the work.
18. 
In granting any permit, the Department may attach such other conditions thereto as may be reasonably necessary to prevent damage to public or private property or to prevent operations from being conducted in a manner hazardous to life or property or in a manner likely to create a nuisance. Such conditions may include but shall not be limited to:
a. 
limitations on the time of year in which the work may be performed;
b. 
restrictions on the size and type of equipment to be used within the right-of-way;
c. 
routes upon which materials and equipment may be transported;
d. 
requirements for dust control, street cleaning, noise control and prevention, or other activities that may be considered a nuisance; and
e. 
regulations as to the use of streets during the progress of the work.
C. 
Maintenance of Traffic.
1. 
Two-way traffic must be maintained at all times. If work is not completed at the end of the work day, the travel lane must be reopened to traffic for overnight use either by placement of a temporary patch or by means of road plates of sufficient size to completely cover the street opening. Road plates shall be of sufficient strength to carry traffic.
2. 
All open excavations shall be adequately safeguarded by providing temporary barricades, caution signs, lights and other means to prevent accidents to persons, and damage to property. The contractor shall provide suitable and safest means for covering all open excavations and for accommodating travel when work is not in progress.
3. 
All excavated material shall be placed so that vehicular and pedestrian traffic may be maintained at all times. If the excavation becomes a hazard or if it excessively restricts traffic at any point, then special procedures shall be taken, such as limiting the excavation and prohibiting stockpiling of material in the street.
4. 
Uniformed Police Officers for traffic control shall be used when warranted by location and traffic conditions or at the discretion of the Chief of Police. Details shall be arranged by contacting the Northbridge Police Department at 508-234-6211.
5. 
Safety and traffic control methods, types of signs, warning lights, and barriers provided by the contractor shall be in accordance with the latest edition of the Manual on Uniform Traffic Control Devices. They shall be in-place before work begins.
D. 
Detours.
1. 
All detours must be approved by the Chief of Police and the Department. The contractor shall supply a Traffic Management Plan clearly showing the location of the work, the detour route, and the location, size and wording of all signage.
2. 
Safety and traffic control methods, types of signs, warning lights, and barriers provided by the contractor shall be in accordance with the latest edition of the Manual on Uniform Traffic Control Devices.
E. 
Cleanup and Property Restoration.
1. 
The contractor shall frequently cleanup all refuse, debris, and other material generated by his operations. The site of the work and the adjacent areas shall at all times present a neat, orderly and workmanlike appearance. At the completion of work, the contractor shall perform a final cleanup to bring the work site back to its original condition or better.
2. 
The contractor shall repair and restore all vegetated or turfed areas disturbed during the work. Restoration shall include the application of loam and seed or sod in disturbed or damaged turfed areas. Any public shade tree that is removed shall be replaced with a suitable street tree as approved by the Tree Warden. Replacement trees shall have a minimum 2-1/2 inch caliper measured four (4) feet above the top of root ball. Contractor shall warrant the viability of all trees for two growing seasons.
3. 
The contractor shall at all times employ adequate safety measures to prevent injuries to persons or damage to property. The contractor shall furnish materials, labor and equipment to correct any and all areas deemed as unsafe by the Department.
4. 
The contractor shall restore or replace any property damaged by his work, equipment or employees to a condition at least equal to the condition that existed immediately prior to the beginning of operations. This includes pavements, sidewalks, curbing, driveways or other structures. Materials, equipment and methods for restoration shall be as approved by the Department.
F. 
Miscellaneous. The Department will not issue a Road Opening Permit for any street within an active subdivision when that street has not yet been accepted by the Town. These locations are considered Private Property and require permitting under the Town’s Excavation and Trench Safety Regulation. The contractor shall obtain permission from the subdivision owner for any such road opening.
A. 
Construction Methods and Materials. All work and material shall comply in all respects to the Massachusetts Highway Department (MHD) "Standard Specifications for Highways and Bridges" 1995 edition or later.
B. 
Excavation and Backfilling. Existing pavements shall be cut with a saw, wheel or pneumatic chisel along straight lines before excavating. Trenches shall be excavated only to the depth and width required for the work. If unsuitable material is found in the excavation, trenches may be over-excavated and suitable bedding material, such as pea stone or screened gravel may be used. Once piping has been installed bedding material shall be place up to 1-foot over the pipe. The remainder of the excavation shall be backfilled with common fill material in 1-foot layers, thoroughly compacted, up to 18-inches below the bottom of the pavement repair. Fill material shall be free from any debris, trash or deleterious materials or any stone large than four-inches. Under no circumstances shall frozen material be used. The sub base layer for paving shall consist of bank run gravel installed in six-inch layers and thoroughly compacted. Compaction requirements for sub base layer shall be 95 percent of maximum density and 92 percent of maximum density for the remainder of the excavation when tested according to ASTM D1557, Method D. The Department may direct that field density compaction tests, performed by an independent testing laboratory be conducted as the work progresses. Test shall be paid for by the contractor.
C. 
Bituminous Concrete Paving. In all instances, permanent pavement repairs shall match the existing adjacent pavement cross section thickness or a minimum compacted thickness of 2-1/2 inches of binder and 2 inches of surface course, whichever is greater. Bituminous concrete shall be Class I. Type I-1 conforming to Mass Highway standard M 3.11. All manhole frames and utility boxes are to be set to grade of the initial pavement until such time as the permanent pavement is placed. The contractor shall then reset the frames and boxes to the grade of the permanent pavement. At no time shall manhole frames and boxes be allowed to protrude above the surface of the initial pavement. Permanent pavement repair shall be compacted by means of a steel-wheel roller of sufficient weight to establish a uniform density comparable to that of the adjacent surface within the work area. The finished patch shall be level with no depression retaining water on any of its surface and shall be perfectly flush with the existing, surrounding pavement. The edges around the perimeter of the repaired areas shall be sealed with a suitable asphalt emulsion (RS-1 or equal).
D. 
Infrared Treatment. When required, infrared treatment of final pavement shall be performed in conjunction with installation of final pavement unless otherwise approved by the Department. The area to be treated shall include the entire final pavement patch plus an additional 1-foor of existing pavement beyond each side of the initial pavement. The infrared heater shall be positioned over the areas to be treated for the time required to soften the existing pavement to a depth of 2-inches or more. The area shall be thoroughly scarified to a dept of at least 2-inches. A recycling agent admixture shall be added to the softened area after scarification, in the amount recommended by the admixture manufacturer and shall be raked to a uniform workable condition. Additional bituminous concrete material needed to achieve proper finished grade shall be added to the patch. This material shall have a temperature no less than 200 degrees F. Permanent pavement repair shall be compacted by means of a steel-wheel roller of sufficient weight to establish a uniform density comparable to that of the adjacent surface within the work area. The finished patch shall be level with no depression retaining water on any of its surface and shall be perfectly flush with the existing, surrounding pavement. The edges around the perimeter of the repaired areas shall be sealed with a suitable asphalt emulsion (RS-1 or equal).
E. 
Materials.
Sanitary Sewer:
1.
Gravity sewer pipe and fittings shall be PVC SDR 35 conforming to ASTM D3034 for sizes 4 through 18-inches. Pipe and fittings shall have bell and spigot push-on joints and shall be from a single manufacturer.
2.
Precast concrete manhole barrel and transition top sections shall conform to Specifications for Precast Reinforced Concrete Manhole Sections, ASTM C478. Manhole sections shall not have rungs. Sections shall be sealed with a round rubber O-ring or a preformed flexible joint sealant. Exterior of all manhole sections shall be coated with an approved damp proofing material. Precast concrete barrel sections with precast top slabs and precast concrete transitions sections shall be designed for a minimum of H-20 loading plus the weight of soil above at 120 pcf.
3.
Bricks for channels and shelves shall comply with ASTM C32, Sewer Brick, Grade SS. Bricks for building up and leveling manhole frames shall conform to ASTM C62.
4.
Manhole covers shall have a diamond pattern; pick holes and the word “SEWER” cast in 3-inch letters. Manhole frame and cover shall be LeBaron Foundry model LA266 in paved areas and LAB266 with gasket in cross-country areas.
Storm Drain:
1.
Drainage pipe shall be reinforced concrete pipe. Where suitable for the application, ADS plastic drainage pipe may be used.
2.
Manhole covers shall have a diamond pattern; pick holes and the word "STORM" cast in 3-inch letters. Manhole frame and cover shall be LeBaron Foundry model LA266.
3.
Catch basin frame and grate shall be LeBaron Foundry model LF246.
Water Distribution System and Water Service Connections:
The Town of Northbridge is served by a privately owned water company, the Whitinsville Water Company, and the municipally owned Northbridge Water System. The municipal system is operated and maintained for the Town by the Whitinsville Water Company, which serves as the agent for the Town system. Any and all work, on either system, involving connection to or extension of the water distribution system or connection of water services shall be coordinated with the Whitinsville Water Company and shall be accomplished in accordance with the standard specifications prepared by the Water Company.
Contact the Whitinsville Water Company well in advance of scheduling any work at 508-234-7358 for additional information or to obtain the required specifications as well as to coordinate installations and inspections. The water company is located at 44 Lake Street, Whitinsville, MA 01588.
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. In turn the Department of Public Safety has issued 520 CMR 14, Excavation and Trench Safety.
This section of these rules and regulations is the local implementing directive for the permitting process for excavation of trenches on WITHIN THE LAYOUT OF PUBLIC WAYS. Regulations governing trench excavation on private property are found in the Town of Northbridge Trench Excavation & Safety Regulation.[1]
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 on public ways.
Access to unattended trenches opened during construction on a public way shall be restricted by covers or 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 the trench. Such covers shall be level and physically secure to prevent the creation of a hazard by inadvertent movement.
2. 
Where barriers are used they shall comply with the following provisions:
a. 
A continuous barrier not less than six feet in height shall surround the unattended trench.
b. 
All barriers shall be of adequate strength and shall be supported in a manner that will allow them to be seen by the motorist and provide a stable support not easily blown over by the wind or traffic.
c. 
Trench barriers adjacent to high speed traffic may include traffic control barrels ballasted by sandbags or temporary pre-cast concrete barriers as components.
d. 
Trench barriers comprised of multiple sections shall allow not more than four inches between each section. Adjacent sections must be securely fastened to each other.
e. 
Any openings between the ground and barrier shall not exceed 4 inches.
f. 
Barriers shall be at a sufficient distance from the trench to be unaffected by changing conditions of the trench site.
The provisions of this section may be substituted by monitoring of the unattended trench by the permit holder or by person(s) under the control and direction of the permit holder.
The provisions of this section may be substituted by backfilling the work site while unattended.
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.
[1]
Editor's Note: See Art. III of this chapter.
1. 
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.
2. 
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:
a. 
A fatality or serious injury to a member of the general public;
b. 
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;
c. 
Failure to obtain a permit from the permitting authority;
d. 
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.
In the event that the permit applicant/permittee fails to implement or effectively use adequate protection for the general public or leaves a trench unattended, the permitting authority or other competent authority may take any of the following corrective actions or combinations thereof:
1. 
Post an attendant to provide continuous monitoring of the unattended trench. Attendant may be a police officer, firefighter, flagman or other individual designated by the authority.
2. 
Plate the trench as required under these regulations
3. 
Backfill the trench
The permit applicant/permittee shall be responsible for all costs associated with the above corrective actions.