(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.;
§ 8402. Fees for permits.
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.;
§ 8403. Enforcement of code.
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.;
§ 8404. Penalty.
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.;
§ 8405. Revision of code.
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.
(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.;
§ 8402. Fees for permits.
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.;
§ 8403. Enforcement of code.
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.;
§ 8404. Penalty.
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.;
§ 8405. Revision of code.
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.
(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.;
§ 8402. Fees for permits.
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.;
§ 8403. Enforcement of code.
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.;
§ 8404. Penalty.
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.;
§ 8405. Revision of code.
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.