A.
Before and while excavating, underpinning or attempting
any other work which will affect the safety or stability of adjacent
structures and necessitate the entry of the excavator on adjoining
land, the excavator shall make a thorough examination of such adjacent
structure, noting all existing conditions. He or she shall report,
in writing, his or her findings to the Building Inspector and to the
owner of the adjacent structure and shall progress his or her work
only after an agreement has been reached by and between the excavator
and owner as to the further conduct of the work, which agreement shall
be in writing and filed with and approved by the Building Inspector.
B.
Whenever an excavation is to be made lower in elevation
than the lowest elevation of any part of an adjoining structure, the
excavator shall, if possible, obtain permission to enter upon the
adjoining land and, at his or her own expense, preserve and protect
from injury any part of such adjoining structure, the safety or integrity
of which may be affected by such excavation. If such permission is
not granted to the excavator, after a reasonable attempt to secure
the same, it shall be the duty of the owner of such adjoining structure
to preserve the safety and integrity of such structure by such structural
or other means as may be necessary.
In case an adjoining party wall is intended
to be used by the party causing the excavation to be made and such
party wall is in good condition and structurally safe for the purposes
of the existing and proposed buildings, the person causing the excavation
to be made shall, at his or her own expense, preserve such party wall
from injury and support the same by adequate foundations or other
means so that the party wall shall be and remain as safe and as integral
as before the excavation was commenced.
The excavator shall provide such sheet piling
and bracing as may be necessary to prevent the earth of adjacent property
from caving in before permanent supports have been provided.
Where permanent supports have not been provided
for the sides of an excavation or embankment, the party causing such
excavation or embankment to be made shall construct a retaining wall,
at his or her own expense and on his or her own property, unless the
adjoining owner shall agree to other treatment, which agreement must
be in writing, filed with and approved by the Building Inspector.
No excavation shall be abandoned at any stage
of the operation except with the approval of the Building Inspector,
which approval shall be conditioned upon the agreement of the excavator
to maintain the excavation free from hazards, dangers and menace to
persons or property and which approval shall be further conditioned
upon the limitation of the abandonment to a fixed time. If such abandonment
exceeds such fixed time, the Building Inspector may order such excavation
to be filled in or to be protected with a roof or covering supported
on retaining walls, or he or she may order such excavation to be otherwise
safeguarded, all at the expense of the excavator.
The excavator shall provide such drainage as
may be required to keep the excavation free from the accumulation
of water.
