The code adopted by this subchapter is amended as provided in this section.
(A) Section 104.4, Issuing Permits, is amended by adding subsection 5., to read as follows:
104.4.5. No permit shall be issued for a construction project in which a trench excavation will exceed a depth of five feet, unless the applicant shall indemnify and hold harmless the city from all claims or causes of actions arising because of property damage, injury or death allegedly sustained by any person as a result of such excavation.
(B) Section 1803.1, Scope, is amended to read as follows:
1803.1 Scope
(a) When excavating for buildings or excavations accessory thereto, such excavations shall be properly assured against any danger to life and property. Permanent excavations shall have retaining walls of sufficient strength, made of steel, masonry or reinforced concrete, to retain embankments, together with any surcharged loads. Excavations for any purpose shall not extend within one foot of the angle of repose or natural slope of the soil under any footing or foundation, unless such footing or foundation is first properly underpinned or protected against settlement.
(b) Within the city limits and its extraterritorial jurisdiction, on construction projects in which trench excavation will exceed a depth of five feet, the bid documents and the contract must include detailed plans and specifications for trench safety systems that meet Occupational Safety and Health Administration standards, and these plans and specifications must include a pay item for such safety systems; provided, this section does not apply to a contract entered into by a person subject to the safety standards adopted under Vernon’s Ann. Civ. St. art. 6053-1, and the administrative penalty provisions of Vernon’s Ann. Civ. St. art. 6053-2.
(1998 Code, § 22-32) (Ord. 93-57, passed 9-22-1993; Ord. 98-1, passed 1-7-1998; Ord. 01-65, passed 1-17-2002; Ord. 15-42, passed 12-16-2015)