Current through Register 1531, September 27, 2024
(1) 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.
(2)
Issuance of Permit.
(a) No person shall, except in an emergency, contract for the making of or make a trench, in any public way, public property, or privately owned land until a permit is obtained from the appropriately designated person within the city, town, or public agency that is authorized to issue the permit. The Permitting Authority may issue a single project permit for multiple trenches in a project.
(b) Each city, town or regionalized entity shall designate one board or officer to issue permits for the excavation of trenches on privately owned land or land owned by a city or town. Cities or towns that regionalize or share permitting and inspection functions with other cities or towns may utilize these regionalized entities for the permitting of trenches.
(c) Any individual or entity creating a trench on property that is owned or controlled by a public agency or that a public agency otherwise has a property interest in, including but not limited to an easement, shall obtain a permit from that public agency unless the permitting authority is otherwise designated through a written agreement. The public agency issuing the permit shall electronically notify the Department of Public Safety of the permit's issuance and shall provide the following information:
1. The location of the excavation indicated on the permit;
2. The anticipated date to begin the trench operation;
3. The anticipated date to conclude the trench operation;
4. The name of the permit holder; and
(d) When issuing a permit under 520 CMR 14.03(2), 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 M.G.L. c. 82A.
(3)
Permit Requirements. 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.
(4)
Contents of Permit Applications. All permit applications must contain the following information:
(a) Digsafe number;
(b) Name and contact information of the excavator;
(c) Emergency (after hours) contact information;
(d) Permit expiration date (if applicable);
(e) Specific location of the trench(es);
(f) Name and contact information of insurer;
(g) All permit applications shall also include the following statements pursuant to M.G.L. c. 82A, § 3(3) and (5)(i) and (ii):
1. "Persons engaging in any trenching operation shall familiarize themselves with the federal safety standards promulgated by the Occupational Safety and Health Administration on excavations: 29 CFR 1926.650
et seq., entitled Subpart P Excavations."
2. "By applying for, accepting and signing this permit, the applicant attests to the following:
a. that he has read and understood the regulations promulgated by the Department of Public Safety with regard to trench safety;
b. that he has read and understood the federal safety standards promulgated by the Occupational Safety and Health Administration on excavations: 29 CFR 1926.650
et seq., entitled Subpart P "Excavations".
(5)
Posting. All Permits issued pursuant to 520 CMR 14.00 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.
(6)
Permit Fees. In accordance with M.G.L. c. 82A, § 2, the local permitting authority may charge a reasonable fee to cover the administrative costs incurred by the authority in connection with the review and processing of permits except that a gas company, as defined in M.G.L. c. 164, § 1, or any corporation that is subject to the provisions of M.G.L. chs. 165, 166 or 166A which has already paid a fee in order to attain a permit to excavate a public way of a city or town shall not be responsible for paying an additional fee for the same excavation.
(7) Excavators engaging in any trenching operation who utilize hoisting or other mechanical equipment subject to M.G.L. c. 146 shall only employ individuals licensed to operate said equipment by the department of public safety pursuant to M.G.L. c. 146 and the permit shall be presented to the licensed operator before excavation is commenced.
