TITLE 16

Health and Safety

Building and Plumbing

CHAPTER 84. TRENCHES AND EXCAVATIONS


(a) The Levy Court and County Councils of New Castle County, Kent County and Sussex County and each incorporated municipality in each of the said counties, in order to provide for the safety of the citizens of the various counties and the State, shall adopt and promulgate a code containing suitable rules and regulations controlling, regulating and supervising all trench, ditch, channel, shaft and other excavation work involving depths and widths which present a hazard to the workers performing the job.

(b) The Levy Court and County Councils of New Castle County, Kent County and Sussex County and each incorporated municipality in each of the said counties shall on or before January 1, 1962 adopt and promulgate the safety code for trenches and excavation described in subsection (a) of this section. Such code shall contain suitable rules and regulations controlling, regulating and supervising all trenching, ditching, channel, shaft and other excavation work performed, constructed or installed in or on any property or state-owned lands by any builder, contractor, state agency or private citizen.

(c) Each municipality may elect to adopt the code of the Levy Court or County Council in its county and each municipality may adopt additional regulations as required by its own particular conditions, but in no case shall the rules and regulations be any less restrictive than those adopted by the Levy Court or County Council of the 3 respective counties.

(d) The code to be promulgated in accordance with this section shall be determined by the Levy Court or County Council and municipalities mentioned in subsections (a)-(c) of this section after consultation with and in cooperation with other state agencies involved in excavation work, contractors' organizations, labor organizations and any other interested agency or group which shall be notified by means of public announcement of the intent to formulate such a code.

16 Del. C. 1953, § 8401; 53 Del. Laws, c. 233; 70 Del. Laws, c. 186, § 1.;

The Levy Court or County Councils of New Castle County, Kent County and Sussex County and each incorporated municipality in each of the said counties may fix a reasonable fee for the issuance of a permit for work under the code which is to be performed under their respective jurisdictions. Contract work in which several applications of the code will be performed under 1 agreement shall be considered as 1 permit.

16 Del. C. 1953, § 8402; 53 Del. Laws, c. 233.;

Enforcement of the code when adopted by the Levy Court or County Council and municipalities mentioned in § 8401 of this section shall rest with the Levy Court or County Council and municipalities, except that enforcement of the code with respect to the work of a state, city or county agency, whether by contract or its own forces, may be delegated to that agency.

16 Del. C. 1953, § 8403; 53 Del. Laws, c. 233.;

Each code promulgated and adopted under this section shall contain a penalty clause of not more than a $50 fine and not less than a $25 fine for each infraction with such penalty continued on a daily basis until the terms of the code are complied with.

16 Del. C. 1953, § 8404; 53 Del. Laws, c. 233.;

The Levy Court or County Council of New Castle County, Kent County and Sussex County and each incorporated municipality in each of the said counties may revise in accordance with the terms of this chapter the codes adopted on or before January 1, 1962 at any time subsequent thereto when changing conditions and situations within their county or municipality may require such revision.

16 Del. C. 1953, § 8405; 53 Del. Laws, c. 233.;