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16-65.1   Definitions.
   For the purpose of this Section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   COMMISSIONER. Commissioner of the Inspectional Services Department, or a designee.
   DEMOLITION. Demolition is the dismantling, razing, destroying of any building or structure or any part thereof.
   DEPARTMENT. The Inspectional Services Department.
   INSPECTOR OF BUILDINGS. The individual charged with the administration and enforcement of the commonwealth’s Building Code in accordance with M.G.L. Chapter 143, Sections 3 and 3A.
   OSHA. The Federal Occupational Safety and Health Administration. The Agency charged with ensuring safe and healthful working conditions for workers by enforcing workplace safety standards and by providing training, outreach, education and assistance to private employers.
   OSHA 30-HOUR CERTIFICATION. A comprehensive safety program authorized by the Federal Occupational Safety and Health Administration (“OSHA”) that trains workers and employers on recognition, avoidance, abatement and prevention of safety and health hazards in the workplace.
   SITE SAFETY COORDINATOR. A site safety coordinator is a person with at least an OSHA 30-hour certification that is designated by the owner, agent, construction manager or general contractor at all construction projects larger than 50,000 square feet and all demolition projects for buildings four stories or larger to perform the duties defined in this Section.
   SITE SAFETY PLAN AFFIDAVIT. A sworn statement on a form determined by the Department certifying that the permit holder, or his or her designee, has prepared and will implement a project- specific Site Safety Plan that defines planned protections from the potential hazards to people on the project site, the public and property from construction and demolition operations and meets the applicable requirements defined by the Department. As part of the AFFIDAVIT, the permit holder, or his or her designee, will attest that their project will comply with all applicable OSHA health and safety regulations.
   PERMIT. A permit for the construction, alteration or demolition of a structure issued by the Inspectional Services Department.
   PERMIT HOLDER. An individual or entity that has secured a permit from the Inspectional Services Department for construction work and is responsible for the work conducted pursuant to that permit.
(Ord. 2023 c. 6)
16-65.2   Purpose and Scope.
   (A)   The purpose of this Section is to ensure that all construction and demolition operations in the city are conducted in a manner that protects the health, welfare, and safety of the general public and to protect public and private property from any potential dangers that may result from construction or demolition operations in the city. No provision of this Section requires the Inspectional Services Department, or any other city entity, to interpret or enforce any existing OSHA health and safety regulation that governs the safety of persons employed in construction or demolition operations.
   (B)   This Section applies to all demolition and construction operations in the city except for those permitted under a homeowner waiver as issued by the Inspectional Services Department, as it pertains to the safety of the public and property.
(Ord. 2023 c. 6)
16-65.3   Responsibility for Safety.
   Nothing in this Section shall be construed to relieve persons engaged in construction or demolition operations from complying with existing OSHA safety regulations or other applicable provisions of law, nor is it intended to alter or diminish any obligation otherwise imposed by law on any party engaged in a construction or demolition operation, including, but not limited to, the owner, construction manager, general contractor, sub-contractors, material men, registered design professionals or other party to engage in sound design and engineering, safe construction or demolition practices, including, but not limited to, debris removal, and to act in a reasonable and responsible manner to maintain a safe construction or demolition site.
(Ord. 2023 c. 6)
16-65.4   Fire Prevention Code.
   In addition to the requirements of this Section, construction or demolition operations shall also be conducted in conformance with the city’s Fire Prevention Code.
(Ord. 2023 c. 6)
Cross-reference:
   Fire Prevention Code, see § 11-5
16-65.5   Site Safety Plan Affidavit Required.
   Except in instances where a permit is issued with a homeowner waiver, no permit for the construction, alteration or demolition of any structure subject to the requirements of this Section shall be issued until a Site Safety Plan affidavit, on a form as determined by the Department, has been submitted to the Commissioner or the Inspector of Buildings, or his or her designee.
(Ord. 2023 c. 6)
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