Delaware Code Title 16. Health and Safety § 8401. Code of rules and regulations

(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.