TRENCH SAFETY ORDINANCE
Sec. 28-1. Preamble
Sec. 28-2. Purpose
Sec. 28-3. Definitions
Sec. 28-4. Necessity of a Trench Permit
Sec. 28-5. Requirements of a Trench Permit
Sec. 28-6. Application Procedure
Sec. 28-7. Revocation and Suspension of Permit by Permitting
Authority
Sec. 28-8. Immediate Shutdown by State or Local Authorities
Sec. 28-9. Re-Inspection Following Immediate Shutdown
Sec. 28-10. Appeal from Immediate Shutdown
Sec. 28-11. Serious Injury/Fatality
CHAPTER 28 - TRENCH SAFETY ORDINANCE
In fulfillment of the obligations of the City under Excavation and Trench Safety Regulation M.G.L. c. 82A §1 and 520 CMR 14.00 et seq. (the "Regulations"), the City of Methuen hereby establishes a Trench Permitting procedure, sets the application fees and penalties for violators, and establishes the Local Permitting Authority for the same as follows:
1. Building Commissioner, Department of Inspectional Services for all matters relating to building or vertical construction;
2. Director of Public Health, Health Department for all matters related to Title 5 and the applicable provisions of c. 111 of the General Laws and the installation of wells,
3. Chief Engineer, Department of Public Works, Engineering Department, for all matters relating to the installation of underground utilities or horizontal construction.
The purpose and intent of this Ordinance is to:
a. Protect the safety of the citizens of the Commonwealth from the hazards
inherent in trenches; and
b. Provide for penalties for individuals who violate any provision of these
regulations.
APPLICATION FEE: A seventy-five dollar ($75.00) non-refundable processing fee which shall accompany each application for a Trench Permit.
EMERGENCY: An unforeseen condition in which the safety of the public is in imminent danger because of a threat to life or health or where immediate correction is required to maintain or restore essential public utility service.
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.
GENERAL PUBLIC: All natural persons not engaged in the creation of a trench.
PERMIT HOLDER: The excavator who is responsible for acquiring a permit from the Permitting Authority.
PERMITTING AUTHORITY: A municipality or agency thereof, or public agency required to administer the provisions of 520 C.M.R. 14.03.
PUBLIC AGENCY: A department, agency, board, commission, authority, or other instrumentality of the Commonwealth or political subdivision of the Commonwealth or two or more subdivisions thereof.
SERIOUS INJURY: A personal injury that results in death, dismemberment, significant disfigurement, permanent loss of the use of a body organ, member, function, or system, a compound fracture, or other significant injury that requires immediate admission and overnight hospitalization and observation by a licensed physician.
TRENCH: An excavation which is narrow in relation to its length, made below the surface ground in excess of 3 feet below grade and the depth of which is, in general, greater than the width, but the width of the trench, as measured at the bottom, is no greater than 15 feet.
UNATTENDED TRENCH: A trench where neither the permit holder, excavator, nor any of the people who work in or at the trench are present.
Section 28-4. NECESSITY OF A TRENCH PERMIT
No person shall, except in an emergency, make a trench excavation, in any public way, public property, or privately owned land within the City of Methuen until a permit is obtained from the appropriately designated permitting authority.
Section 28-5. REQUIREMENTS OF A TRENCH PERMIT
The permit holder shall be responsible for obtaining the appropriate permit
for the excavation of trenches for each project from the appropriate permitting
authority. In order to obtain a permit, the following information must be submitted
to
the permitting authority:
(a) Completed application;
(b) Certificate of insurance;
(c) Required fee in accordance with 520 CMR 14.03 (6) where applicable
Section 28-6. APPLICATION PROCEDURE
Completed and signed Trench Applications shall be filed with the appropriate Permitting Authorities for review. Said Permitting Authority shall promptly review the Application and shall include any permit conditions deemed appropriate.
If the Application is approved, a Trench Permit containing such conditions
and supplemental instructions, as the Permitting Authority reasonably deems
appropriate, shall promptly issue upon the satisfaction of any conditions precedent
which the Permitting Authority may establish. If the Application is denied,
the Permitting Authority shall communicate in writing to Applicant the reasons
for said denial.
Section 28-7. REVOCATION AND SUSPENSION OF PERMIT BY PERMITTING
AUTHORITY
The Permitting Authority may, after a hearing, suspend or revoke a permit issued pursuant 520 CMR 14.03. All hearings under this section shall be held in accordance with G.L. c. 30A and 801 CMR 1.02. Each permitting authority shall have the discretion to establish the grounds consistent with this regulation for a suspension or revocation however such suspension or revocation shall not be imposed in a manner which directly, substantially or specifically regulates the occupational safety or health of any employee engaged in employment covered by the Federal Occupational Safety and Health Act.
Section 28-8.VIII. IMMEDIATE SHUTDOWN BY STATE OR LOCAL AUTHORITIES
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.
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.
Section 28-9. RE-INSPECTION FOLLOWING IMMEDIATE SHUTDOWN
The trench site shall remain closed until all necessary repairs and corrections have been made to the satisfaction of the authority responsible for the immediate shutdown, provided however, that the Department of Public Safety and Division of Occupational Safety shall have concurrent jurisdiction to authorize the reopening of a trench shut down by either agency.
Reopening of the site may not occur until the authority ordering the immediate shutdown has inspected the site and found to be safe for reopening and operation.
Section 28-10. APPEAL FROM IMMEDIATE SHUTDOWN
Any person aggrieved by the decision by the Department of Public Safety, the Division of Occupational Safety, or the permitting authority to shut down a trench site pursuant to 520 CMR 14.05 may make an appeal for a hearing to the entity responsible for the immediate shutdown. The site shall remain shut down during the appeal period. Such appeal shall be made in writing within 10 calendar days. Upon receipt of the appeal, a hearing shall be scheduled promptly. All hearings under this provision shall be held in accordance with G.L. c. 30A and 801 CMR 1.02. Any person aggrieved by a decision after hearing may appeal to the Superior Court in accordance with G.L. c. 30A § 14.
Section 28-11. SERIOUS INJURY/FATALITY
An excavator shall report all serious injuries or fatalities which occur at the location of a trench to the Methuen Police Department within one hour from the time the serious injury occurred.
In the event that a serious injury or fatality occurs, the trench site shall be immediately secured. The site surrounding the trench shall not be disturbed, cleaned, or altered in any way except by a public authority or as necessary for the preservation of life and property or the removal of the injured person(s) until receiving express authorization from an inspector of the Department of Public Safety.
(Ord. #829, eff. April 6, 2009)