Safety & Regulations

Safety Codes For Street Opening Regulations

The permittee, his agents, and employees shall strictly comply with the following conditions:

  • United States Department of Labor, Bureau of Labor Standards, Safety and Health Regulations for Construction, as promulgated in accordance with the Occupational Safety and Health Act of 1970, Public Law 91596:84 Stat. 159O, Laws of 91st Congress, 2nd Session.
  • Industrial Code Rule 23: State of New York Department of Labor, Bureau of Standards and Appeals, entitled Protection of Persons Employed in Construction and Demolition Work.
  • Industrial Code Rule 53: State of New York Department of Labor, Bureau of Standards and Appeals, as relates to Construction and Demolition Operations At or Near Underground Facilities.

Emergency Road Opening

If it becomes necessary to enter upon a town highway for the purpose of making emergency repairs, any person, public utility, municipality, and/or municipal subdivision may do so forthwith, provided that within twenty-four (24) hours of the time of making such openings (Saturdays, Sundays or holidays not included) an application for a permit is made thereof pursuant to these rules and regulations.

Openings on Newly Constructed or Resurfaced Roads

No excavation shall be permitted on any newly constructed or resurfaced highway for a period of not less than five years. This subsection does not include any excavation on the right-of-way abutting said newly constructed or resurfaced highway. Should such an opening be required for emergency purposes, permission must be obtained from the Highway Department and restoration plans reviewed and approved by the Department of Engineering.


The Highway Department shall receive at least 72 hours advance written notice, except for emergency work, including a diagram, engineering drawings, or the equivalent thereof, of the proposed excavation in any town highway or sidewalk area.

Residents of the project areas must be notified of intentions to close off driveways by use of a form approved by the Town of Hempstead. The permittees shall prepare the necessary number of copies of the said form on their own letterhead and distribute the same to the homeowners at least forty-eight (48) hours in advance.

Maintenance of Traffic & Protection of the Public

The following work procedures and construction practices shall be adhered to in order to assure proper maintenance of traffic:

  • In those areas where work performed interferes with vehicular or pedestrian traffic, the permittee shall place and maintain traffic control devices pursuant to the provisions of 1680 and 1682 of the Vehicle and Traffic Law of the State of New York, which require that all traffic control associated with maintenance, repair, and construction within the highway limits shall be carried out in accordance with standards set forth in the New York State Manual of Uniform Traffic Control Devices, latest edition. The Commissioner reserves the right to order the correction of any unsafe condition or the installation of additional signs, lights, temporary pavement, plating or other traffic control devices or to order the removal of any and/or all obstructions to traffic.
  • The permittee may be required to submit with the permit application a traffic control plan showing all provisions for maintaining, protecting and/or detouring of traffic. Such plan shall show, but not be limited to, all sign locations, sizes, colors, barricades, flashing lights, flag persons, traffic cones, pavement markings, etc., and all in accordance with the above-referenced New York State requirements.
  • Whenever a traffic lane is closed or traffic is required to use other than its normal lanes, the local police precinct, fire district and school district must be notified in advance by the permittee.