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Comments:Posted on 27 May 2009, 19:53 by We can dig it.
It is such a shame that our society swallows this stuff. To say this law is for a little girl who tragically died in a trench in her back yard is not entirely true. Yes it is tragic she died in such a manner. But a free society does not make laws for every tragic accident. The key phrase in this law is the sentence that says you must have excavators liability insurance to get a trench permit.
There is already a law on the books that a dig safe number is needed prior to digging. Also there is a liscence required to operate excavators just like a liscence is required to operate a car or semi.The Excavators liscence is issued by the department of public safety. And there are OSHA regulations dealing with slope vs. depth and trench safety. Material density is important. Most trenches require shoring.
So thats what the law does. It requires insurance. Insurance requires liscence. Just like a car. Someone gets hurt there are pockets to pay damages. The following is "Jackie's Law." It will not bring Jackie back but opens the door to erode away more constitutional private property rights by big insurance.
CHAPTER 82A. EXCAVATION AND TRENCH SAFETY
Chapter 82A: Section 2. Trench excavating permits; permits issued by board or officer; certificate of insurance; fees:
Section 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. The permits, when issued, shall include a summary of sections 40 to 40D, inclusive, of chapter 82 and a summary of regulations promulgated by the department of public safety relative to chapter 146. 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 person shall notify the local permitting authority of the exact location of the trench. A person making application for a trench excavation permit shall produce 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. The local permitting authority may charge a reasonable fee to cover the administrative costs of the trench excavation permitting process incurred by the municipality in connection with the review and processing of the permits; but, a gas company, as defined in section 1 of chapter 164, or any corporation that is subject to the provisions of chapter 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.
My heartfelt condolences to her family.
Posted on 27 May 2009, 20:18 by Legal Definition "Trench"
to Dave Kowalski
CHAPTER 82A. EXCAVATION AND TRENCH SAFETY
Chapter 82A: Section 4. Definitions
"Section 4. For purposes of this chapter, a “trench” shall be defined as 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 and the words “excavator”, “excavation” and “emergency” shall have the same meanings as defined in section 40 of chapter 82. "
Dave , for septic systems most of the ground work is less than 3 feet and the excavation for the tank is a hole as it is usually not substantially longer than wider. If the lot is being filled by a raised system then the system is built on top of the groung and filled around it is not even a hole. Look at the new house just built by the big causeway. (nice job Cormiers). The tank was set and then filled around.
The main thing here is not to protect the people hiring competent liscenced excavators. We do it right because we are professionals.
It is the guys that rent a machine at taylor rental of borrow a backhoe from work and dig deep trenches in their or their friends backyard without insurance or liscence to operate.. to save a few thousand dollars...??????
No more homeowners digging over 3 feet. Too bad the frost line in New England is four feet.
The new law does not regulate holes or any excavation under 3 feet deep.
It does erode away protected personal propery rights further.
More than ten thousand little white crosses in Normandy and Tens of thousands more in Arlington Cemetary represent the ultimate sacrafice of Americans as they took their last breath defending the property rights we so easily vote away after a freak accident.
But if it saves just one 4 year old ...is it considered well done to discount the personal sacrafices represented by those who gave their lives for liberty.. ???????