§ 23 §563 — Inspection, posting and closure

The department shall inspect all structures on public ways.
1.
Municipal-maintained structures.
For a structure for which a municipality has maintenance responsibility, the department shall advise the municipality of its inspection findings and noted deficiencies. The department shall notify the municipality when a structure requires a posting or closure, and the municipality shall post or close the structure. The department may post or close a structure to protect the traveling public from an imminent hazard. The municipality is responsible for all costs and expenses related to the posting and closure, including any needed notifications, procedures, signing and barricades.
2.
Department-maintained structures.
For a structure for which the department has maintenance responsibility, the department has sole responsibility and authority to determine whether the structure must be posted or closed, except that a municipality may close the structure in cases of emergency. If the municipality becomes aware of deficiencies in a structure that could impact posting or closure decisions, the municipality shall promptly notify the department. The department is responsible for all costs and expenses related to the posting and closure, including any needed notifications, procedures, signing and barricades.

Legislative History

PL 2001, c. 314, §2 (NEW). PL 2001, c. 314, §4 (AFF). PL 2001, c. 667, §§C20,22 (AFF). PL 2017, c. 154, §1 (AMD). PL 2021, c. 201, §1 (AMD).