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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)
16-65.6   Site Safety Monitoring Plan Required.
   Each permit holder shall enact and maintain a site safety monitoring program to implement the Site Safety Plan attested to in their affidavit. The Site Safety Monitoring Program shall, at a minimum, include the following.
   (A)   Site safety orientation and refresher. Each permit holder shall ensure that each construction or demolition worker employed or otherwise engaged at such site by the permit holder or performing subcontracted work for or on behalf of such permit holder receives a site safety orientation and refresher reviewing the contents of the Site Safety Plan.
      (1)   Site safety orientation. Each worker employed or otherwise engaged at such site by the permit holder or performing subcontracted work for or on behalf of such permit holder shall receive a site safety orientation on the contents of the Site Safety Plan before such worker commences any construction or demolition work at such site.
      (2)   Site safety refresher. Each worker employed or otherwise engaged at such site by the permit holder or performing subcontracted work for or on behalf of such permit holder shall receive a site safety refresher if:
         (a)   Such worker has performed construction or demolition work at such site for one year or more; and
         (b)   One year or more has elapsed since such worker received a site safety orientation or refresher with respect to such site.
      (3)   Site safety orientation and refresher content. Site safety orientations and refreshers required by this Section shall include a review of safety procedures at such site and any hazardous activities to be performed at such site. In addition, information pertaining to the site safety training shall be made available to each worker in a language that he or she understands.
      (4)   Records. A record of all orientations conducted for the site shall be maintained by the permit holder and kept at the site. Such record shall include for each such orientation or refresher:
         (a)   The date and time of such orientation or refresher;
         (b)   The name, title and company affiliations of each worker who participated; and
         (c)   The name, title and company affiliation of the qualified person who conducted such orientation or refresher, along with such person’s signature.
   (B)   Pre-shift safety meetings. Each permit holder shall ensure that each construction or demolition worker employed or otherwise engaged at such site by the permit holder or performing subcontracted work for or on behalf of such permit holder takes part in a safety meeting at the beginning of such worker’s shift, but before such worker commences any construction or demolition work in such shift.
      (1)   Pre-shift safety meeting. Pre-shift safety meetings shall be conducted at the beginning of each worker’s shift, but before such worker commences any construction or demolition work in such shift, by a person designated by the permit holder, or where so authorized by the permit holder, by a person designated by the subcontractor. Such person shall have the ability to communicate with each worker who takes part in such meeting.
      (2)   Pre-shift safety meeting content. The pre-shift safety meeting shall include a review of activities and tasks to be performed during the shift, including specific safety concerns or risks associated with fulfilling such work.
      (3)   Records. The permit holder shall maintain, for each worker, a record of one pre-shift safety meeting per week. Such record shall include for each such meeting:
         (a)   The date and time of each such meeting;
         (b)   The name, title and company affiliation of each worker who participated; and
         (c)   The name, title and company affiliation of the competent person who conducted such meeting, along with such person’s signature.
   (C)   Ongoing updates to plans and briefings. As work progresses, the permit holder will modify their briefings to address current conditions and expectations. If changed conditions render any attestations on the Site Safety Plan affidavit inaccurate, then the permit holder shall re-submit an updated version of his or her Site Safety Plan affidavit.
(Ord. 2023 c. 6)
16-65.7   Site Safety Coordinator Required.
   (A)   Site safety coordinator to be designated. A site safety coordinator shall be 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. The designated site safety coordinator must have at least an OSHA 30-hour certification. Where more than one site safety coordinator is to serve at the site, all such entities shall agree to designate one such site safety coordinator as the primary site safety coordinator, or where there is only one site safety coordinator, such coordinator shall automatically be designated as the primary site safety coordinator. The primary site safety coordinator shall carry out all duties and responsibilities assigned to the site safety coordinator by this Section.
      (1)   Notification to the Department of the primary site safety coordinator. The Inspectional Services Department shall be notified of the primary site safety coordinator prior to the commencement of work. In the event that an alternate site safety coordinator will be acting in place of the primary site safety coordinator for a period longer than two consecutive weeks, the Department must be so notified. Any permanent change of the primary site safety coordinator requires immediate notification to the Inspectional Services Department.
      (2)   Presence at the site. For the construction or alteration of a building, the site safety coordinator shall be present at the site during alt times while active work is occurring and through all phases of work, beginning with excavation and continuing until the building is enclosed and all temporary protective measures are removed. For the demolition of a building, the site safety coordinator shall be present at the site during all times while active work is occurring and through all phases of work, beginning with the removal of any glass, asbestos or façade and, for a full demolition, continuing until the site has been backfilled to grade, or for a partial demolition until the building is enclosed and all temporary protective measures are removed.
      (3)   Alternate site safety coordinator. Where the primary site safety coordinator is unable to be at the site, an alternate site safety coordinator shall act in place of the primary site safety coordinator and carry out all duties and responsibilities assigned to the site safety coordinator by this Section and rules promulgated by the commissioner. Such shall be recorded in the site safety log, as defined in division (D) below, and notification shall be provided to the Inspectional Services Department.
      (4)   Limitation on primary site safety coordinator serving at another site. No site safety coordinator designated as the primary site safety coordinator at a site shall serve as a site coordinator at any other site.
   (B)   Site safety coordinator’s duties. The site safety coordinator shall monitor compliance with the site safety plan and perform all other safety duties assigned by the owner or general contractor to meet legal requirements.
      (1)   Weekly safety meeting. The site safety coordinator shall lead a safety meeting with the designated representative of the general contractor, construction manager and each subcontractor to ascertain that all contractors and subcontractors are complying with the Site Safety Plan. Such meetings shall occur at least once a week while active work is occurring.
      (2)   Notification of violations. In the event the site safety coordinator discovers a violation of the site safety plan, he or she shall immediately notify supervisory personnel of the general contractor or subcontractor responsible for creating the violation and inform them of the corrective work necessary to abate any unsafe conditions. All such violations and corrective work shall be recorded in the site safety log, as defined in division (D) below. Where unsafe work or an unsafe condition relates to an item which a registered design professional or special inspection agency is responsible for implementing or verifying, the site safety coordinator must also notify the responsible registered design professional or special inspection agency of the unsafe work or condition. All such unsafe conditions, work, notices, orders and corrective action must be recorded in the site safety log, as defined in division (D) below.
      (3)   Notification of conditions to the Department. The site safety coordinator shall immediately notify the Inspectional Services Department directly, in a manner determined by the Commissioner, if he or she discovers any such hazardous or dangerous conditions or incidents as determined reportable by the Commissioner in any rules or regulations promulgated pursuant to this ordinance, including any unpermitted work or use of unpermitted equipment. The site safety coordinator shall report violations of federal workplace safety regulations to OSHA or the applicable Federal Department or Agency in the manner that those Departments and Agencies have deemed appropriate.
      (4)   Spot checks. The site safety coordinator shall personally perform spot checks of the site on a regular basis throughout the day for compliance with the Site Safety Plan.
      (5)   Inspections. The following inspections shall be performed and documented by the site safety coordinator: daily, weekly and other checks as specified in rules promulgated by the Commissioner.
   (C)   Record of inspections. A record of all such required inspections conducted pursuant to this ordinance shall be maintained by such site safety coordinator in the site safety log.
   (D)   Site safety log. The site safety coordinator shall maintain and keep a site safety log at the site. The log, or where there is more than one log, the logs in total, shall, at a minimum, contain the following information:
      (1)   Date and location of inspections performed in accordance with this Section;
      (2)   Date and names of individuals met with to satisfy the requirements of the weekly safety meeting;
      (3)   Any unsafe conditions, and dates and locations of said unsafe conditions;
      (4)   Companies and representatives notified of unsafe conditions;
      (5)   Dates of notification of unsafe conditions;
      (6)   Dates of correction of unsafe conditions and nature of correction;
      (7)   Any violations, stop work orders, or summonses issued by the Inspectional Services Department, including date issued and date lifted or dismissed; and
      (8)   Other relevant information as may be required by the Department.
   (E)   Recording inspections in the site safety log. Inspections shall be recorded by the end of the day by the site safety coordinator who performed the inspection. The site safety log, or where there is more than one log, each individual log, shall be completed and signed by the site safety coordinator.
   (F)   Recording change in site safety coordinator. If, at any point during the day, an alternate site safety coordinator acts as the primary site safety coordinator, this shall be noted in the log, and the alternate site safety coordinator shall log in. If a site safety coordinator is relieved of his or her responsibilities at the site, or a site safety coordinator leaves the site for any reason, this shall be indicated in the site safety log, and another site safety coordinator shall assume the duties of such relieved or absent site safety coordinator by signing in.
(Ord. 2023 c. 6)
16-65.8   Enforcement.
   (A)   The Inspectional Services Department shall have the power to issue violations, stop work, revoke permits and impose fines upon permit holders, developers, general contractors/construction managers and subcontractors found to be in non-compliance with this Section.
   (B)   Violations, stop work orders and the revocation of permits may be imposed by the assigned Building Inspector.
   (C)   Fines may be imposed by the Commissioner of the Inspectional Services Department at the recommendation of the Inspector of Buildings as follows.
      (1)   Fines to a maximum of $300 for each violation. A violation occurs where a general contractor/construction manager or subcontractor has not complied with this Section. Each day of non-compliance shall be considered a separate violation. The provisions of this Section may be enforced in accordance with the noncriminal disposition process of M.G.L. Chapter 40, Section 21D, and, if applicable, by seeking to restrain a violation by injunction or other court proceeding.
      (2)   Creation of a record of non-compliance with city policy that may be considered when awarding future construction contracts on city-funded projects and future permits.
(Ord. 2023 c. 6)
16-65.9   Regulations.
   The Commissioner of Inspectional Services may promulgate rules and regulations to carry out the provisions of this Section.
(Ord. 2023 c. 6)
16-66   UNLAWFUL CAMPING ON PUBLIC PROPERTY.
16-66.1   Definitions.
   For the purpose of this Section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   CAMP MATERIALS. Items used to establish or facilitate occupancy of a campsite, including tents, tarps or other temporary structures, as well as large furniture, stoves and other cooking instruments.
   CAMPSITE. Any place where a tent, tarp or other temporary structure is established for the purpose of maintaining an outdoor shelter.
   CITY STORAGE PROGRAM POLICY. The city’s written policy for storage of eligible property.
   ELIGIBLE PROPERTY. Items including, but not limited to, personal identification and documents, valuables, clothing, hygiene products and toiletries and items of basic necessities.
   EMERGENCY SHELTER SPACE. A city-authorized location providing temporary shelter or alternative sleeping space practically available to persons experiencing homelessness. EMERGENCY SHELTER SPACE shall be at a shelter, housing accommodation or alternative sleeping space that maintains policies and procedures for accommodations under the Americans with Disabilities Act of 1990, being 42 U.S.C. §§ 12101 et seq.
   PERIOD WHEN SHELTER IS UNAVAILABLE. A length of time in which there is no emergency shelter space available to individuals experiencing homelessness in the city.
   TO CAMP. To pitch, erect or occupy a campsite or to use camp materials, or both, for the purpose of, or to facilitate, outdoor sheltering, either temporarily or permanently.
(Ord. 2023 c. 9)
16-66.2   Purpose.
   (A)   It is the purpose of this Section to promote public health, public safety, general welfare and the economic health and well-being of the city, its workers, visitors and residents, including individuals experiencing homelessness, by prohibiting unsanctioned camping and the dangerous and unsafe conditions surrounding such campsites.
   (B)   This Section seeks to improve access to housing and recovery services by restoring access to public spaces, the public rights-of-way and curtailing the existence of campsites that shield drug trafficking, human trafficking, weapons, fire hazards, violence and other criminal activity, and that create conditions for large crowds to congregate. It is also the purpose of this Section to protect the rights of individuals related to his or her personal property and to treat such property with respect and consideration.
   (C)   This Section shall apply to all campsites and camping on public property, including, but not limited to, streets, sidewalks and public rights-of-way.
(Ord. 2023 c. 9)
16-66.3   Unlawful Camping on Public Property.
   It is unlawful for any person to camp or maintain a campsite or camp materials in or on any public property or in the public right-of-way, including, but not limited to, any street, sidewalk, school or public park, unless specifically authorized or during a period when shelter is unavailable.
(Ord. 2023 c. 9)
16-66.4   Restrictions on Unlawful Camping During a Period when Shelter is Unavailable.
   (A)   The prohibition against campsites and camping shall not apply during a period when shelter is unavailable.
   (B)   City Officials shall maintain daily, and revise regularly, a shelter list that is communicated throughout the day to the Boston Police Department and other City Departments for the purpose of identifying available shelter space.
   (C)   During a period when shelter is unavailable, or when a campsite is specifically authorized, a campsite or use of camping materials must comply with existing state and local laws to ensure the public health and safety of those in and around the campsite.
   (D)   During any period when shelter is unavailable, the Mayor’s Office of Housing, in consultation with the Boston Public Health Commission, the Boston Police Department and the Inspectional Services Department, is hereby authorized to promulgate any additional restrictions relative to the time, place and manner for camping, and density of campsites, in order to advance public health, maintain access to the public right-of-way and support the effective operation of facilities such as schools, shelters and health care institutions during such periods.
(Ord. 2023 c. 9)
16-66.5   Offer of Shelter.
   (A)   In the event of a violation of this Section, the city shall provide, or cause to be provided, an offer of available emergency shelter space to an individual experiencing homelessness, and must inform that individual that transportation to available emergency shelter space is available.
   (B)   Each emergency shelter space offered to an individual shall be at a shelter, housing accommodation or alternative sleeping space that maintains policies and procedures for accommodations under the Americans with Disabilities Act of 1990, being 42 U.S.C. §§ 12101 et seq.
(Ord. 2023 c. 9)
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