[HISTORY:, Adopted by the Select Board of the Town of Dalton 3-2-2009. Amendments noted where applicable.]
Excavations — See Ch. 403.
The Dalton Select Board enacts this regulation in order to protect the safety of citizens of the Town of Dalton from the hazards inherent in trenches.
This regulation is enacted pursuant to the requirements of MGL c. Chapter 82A, § 1, and regulations promulgated thereunder by the Department of Public Safety in conjunction with the Division of Occupational Safety, Code of Massachusetts Regulations, 520 CMR 14.00, Excavation and trench safety, and pursuant to the authority granted to the Select Board under Chapter 137 of the Acts of 1995, Section 4.
Said state regulation, 520 CMR 14.00, is attached hereto and made a part hereof. It shall be automatically updated upon amendment.
The Select Board hereby designates the Board of Health, acting by and through its Health Agent, as the permitting authority required to administer the provisions of 520 CMR 14.03.
The Select Board hereby designates the Highway Superintendent and Building Commissioner as special assistants to aid in carrying out the requirements of said act and regulations within the scope of their respective departmental operations. The Health Agent and each such special assistant shall require that a trench permit be submitted, either singly, or in conjunction with any related permits, when they reasonably believe that a trench, as defined by 520 CMR 14.02, will be dug. Examples of such permits include, but are not limited to, building permits, street excavations, and PERC tests.
The attached model permit developed by the Department of Public Safety shall be the form used by the Town of Dalton and its respective departments. To the extent practicable, the Health Agent and special assistants shall attempt to minimize the duplication of information in the filing of permits.
Each permit shall be signed by the Health Agent on behalf of the Board of Health, as the permitting authority, and may be signed by the Chairman of the Board of Health in the absence of the Health Agent.
Each permit shall also be signed by a special assistant when the permit is prepared for a trench within their respective spheres of authority. Said signature shall be in the space designated "Conditions of Approval."
Each permit shall be filed with the department originating the permit and with the Board of Health.
As provided in 520 CMR 14.03(6), the Board of Health may charge a reasonable fee to cover the administrative costs incurred in connection with the review and processing of permits. Said fee shall also cover the administrative cost of the Highway Department and Office of the Building Commissioner as special assistants to the Board of Health. Said fee shall be collected by those departments when processing a permit within their jurisdiction.
As provided in 520 CMR 14.03(5), whenever the Board of Health deems a condition at a trench site to be a threat to public safety, it may order that the area 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.
It shall be the duty of the Highway Superintendent, and Building Commissioner, special assistants, to inform and consult with the Health Agent whenever they deem a condition at a trench site, permitted in cooperation with their department, to present a threat to the public safety. The Health Agent shall consult with said special assistants prior to authorizing the reopening of a shutdown trench.
The Highway Superintendent and Building Commissioner, within their respective areas of jurisdiction, are hereby authorized to act on behalf of the Board of Health in the absence of the Health Agent in the event that a trench is deemed by them to be a threat to the public safety.
Further, the Police Chief and any sworn officer of the Police Department shall report such conditions they reasonably believe are a threat to the public safety to the Health Agent.
The Police Chief, or his designee, is hereby authorized to act on behalf of the Board of Health in the absence of the Health Agent in the event that any trench is deemed by him to be a threat to the public safety.
If any provision of this regulation is held to be unconstitutional, preempted by federal or state law or otherwise invalid by any court of competent jurisdiction, the remaining provisions shall remain in effect.
This regulation shall take effect on March 1, 2009 (or such later date as may be established by the Commonwealth of Massachusetts Department of Public Safety for the effective date of 510 CMR 14), and is intended to apply to all trenches subsequent to that date.