HomeMy WebLinkAboutORD 890456 - Revising Building CodeAN ORDINANCE REVISING THE BUILDING CODE TO
INCLUDE THE ADDITION OF A NEW SECTION TO
PROVIDE FOR TRENCH SAFETY REQUIREMENTS FOR
CERTAIN CONSTRUCTION PROJECTS; PROHIBITS
ISSUING A BUILDING PERMIT FOR FAILURE TO
COMPLY WITH TRENCH SAFETY; PROVIDING A
REPEALING CLAUSE; PROVIDING FOR PUBLICATION
AND SETTING AN EFFECTIVE DATE.
WHEREAS, recent legislation ow authorizes cities to require
trench safety requirements; and
WHEREAS, the enactment of this ordinance will further public
safety; and
WHEREAS, the City Council of the City of Georgetown, Texas,
deems it necessary and proper to add the following section to the
Building Code to require trench safety systems for certain
construction projects;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF GEORGETOWN, TEXAS, that:
SECTION I.
The City Council finds that the recitals set forth in the preamble
of this ordinance are true and correct and are adopted herein.
SECTION II.
The Building Code is amended by adding Section 6-9 of Article I,
Chapter 6, as follows.
"Sec. 6-9. Trench Safety; Refusal for Building Permit;
Appeals
A. Bid documents, if used, and all contracts for
construction projects which include trench excavation
which exceeds a depth of five ( 5 ) feet, and such projects
are located within the City or its extraterritorial
jurisdiction shall include plans and specifications for
trench safety systems that.
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(1) Meet current Occupational Safety and Health
II
Administration Standards; and
(2) Includes a copy of any special shoring requirements,
if any of the State or City, including a separate
pay item for this requirement, and
(3) Provide a pay item for the trench safety protection.
(4) A copy of any geotechnical information that was
obtained by the Owner for use in design of the
trench safety system.
B. No building permit shall
prof ect which includes a
(5) feet in depth, un
permit certifies in wri
forth in Section A. have
for inspection a copy of
the same.
SECTION III.
be issued for any construction
trench excavation exceeding five
less the person requesting the
ting that the requirements set
been met and shall also produce
the contract that complies with
If any ordinance, resolution, policy or procedure is in conflict
or inconsistent with the terms, conditions, or provisions of this
ordinance, then the same is hereby repealed to the extent of any
conflict or inconsistency.
SECTION IV.
Upon passage, the City Secretary shall cause this Ordinance's
caption to be published within ten (10) days in the newspaper of
general jurisdiction and this Ordinance shall become effective
immediately upon its publication.
SECTION V.
If any section, paragraph, clause, phrase, or provision of this
Ordinance shall be adjudged invalid or held unconstitutional, the
same shall not affect the validity of this Ordinance as a whole or
any part or provision thereof other that the part so declared to
be invalid or unconstitutional.
PASSED on first reading this the
1989, by a vote of "ayes" and
of the Council present and voting.
day of ,
"nos" with members
PASSED APPROVED AND ADOPTED on second and final reading this the
rday of '= N 19890
ATTEST:
City Secretary
APPROVED:
Diane Callander,
;2
City Attorney
Tim Kennedy, Mayor
MajotrITIMMUM
November 1,
To: Mayor and City Council Members
From: Homer Parker, Development Engineer Manager..p
Ref: Ordinance for Trench Safety
1989
Over the past several Fears, there has been an increase in fatal
ities
during construction
within
trenches.
The
Occupational
Safety
and Health
Administration
regulations.
A new law was
(OSHA) does
have a
set of rules
and procedures
trenches.
for working
within
new law makes the
trenches,
however,
in too many
cases
these guidelines
requires
have
not
beery followed. The
result in
Teas
has been
that as construction
increased,
so did
the fatali-
ties.
The State
Legislature
saw this
problem and took
steps to ensure
compliance
with
that trench safety precautions are
the OSHA safety
regulations.
A new law was
passed in
the
last session that
addressed the issue of safety in
trenches.
This
safety
new law makes the
owner, engineer,
and contractor
responsible for
new
trench safety.
requires
that the person applying for a building permit
certifies
that
they
have met the above requirements.
This
law
states that the OSHA regulations have to
be
followed.
It also
requires
that trench safety precautions are
to be
includ-
ed as
pay
items in the bids and construction documents;
and that
any geotechnical
information used to design trench
safety
proce-
dures
be
made available to the contractor. The
new
law also
requires
that the person applying for a building permit
certifies
that
they
have met the above requirements.
The adoption of the attached ordinance will ensure all
(owners, engineers, and/or contractors) have complied
requirements of this new law and in doing so it provides
working conditions within trenches in the City.
Disk> C:/R.eporL/Menlo/891005.FIL - Page 1 R4
parties
with the
a safer
City of Georgetown
Application for Building Permit
1
That I, (Owner) (Contractor) for the project know as
certifies that the following: that any trench that exceeds
5 feet in depth, will be shored as required by the design engineer or current OSHA regulations, which ever
is the most restrictive. And I also hereby acknowledge that violations of such trench safety requirements
are punishable by fines.
And furthermore acknowledge that I have
read
the
City Ordinance inserted below, concerning Trench
Safety and understand all the requirements
called
for
and will comply with the same.
"Section 6.9 Trench Safety, Refusal of Building Permit
A. All construction projects where trench excavations exceeds a depth of five (5) feet and a contractor is employed, the contract
documents and bids, if used, shall include plans and specifications for trench safety systems that:
(1) Reference Occupational Safety and Health Administration Standards for trench safety that will be in effect for the
period of construction;
(2) Include a copy of any special shoring requirements, including a separate pay item for this requirement;
(3) Provide a separate pay item for the trench safety protection; and
(4) Include a copy of any geotechnical information that was obtained by the Owner for used in design of the trench
safety system and an engineer's design of the proposed safety systems.
B. No Building Permit shall be issued for any construction project which includes a trench excavation exceeding five (5) feet in
depth, unless the person requesting the permit certifies in writing that the requirements set forth in Section A. have been
met."
WITNESS MY HAND, this the day of ,
(Owner's) (Contractor's) Signature
SUBSCRIBED and SWORN TO
BEFORE ME
by the
said
on the day of
to
certify
which witness my hand and seal of office.
Notary Public, State of Texas
My commission expires:
Building and Construction Manual
City of Georgetown
Page 49