[HISTORY: Adopted by the Council of the City of Easton 10-12-2022 by Ord. No.
5794. Amendments noted where applicable.]
The purpose of this chapter is to promote the general health,
safety, and welfare of the citizens of the City of Easton and to protect
existing structures and municipal infrastructure.
The provisions of this chapter, in conjunction with the requirements
of the International Building Code, and of the International Fire
Code shall govern the conduct of all construction or demolition operations
regarding the safety of the public and property. For regulations relating
to the safety of persons employed in construction or demolition operations,
OSHA standards shall apply.
As used in this chapter, the following terms shall have the
meanings indicated:
An occurrence directly caused by construction or demolition
activity or site conditions that result in one or more of the following:
A fatality to a member of the public; or
Any type of injury to a member of the public; or
A fatality to a worker; or
An injury to a worker that requires transport by emergency medical
services or requires immediate emergency care at a hospital or offsite
medical clinic; or
Any complete or partial structural collapse or material failure;
or
Any complete or partial collapse or failure of pedestrian protection,
scaffolding, hoisting equipment, or material handling equipment; or
Any material fall exterior to the building or structure.
The City's Building Code Official who is charged with
administration and enforcement of the requirements of this chapter
and the City's Construction Code and for approving equipment,
materials, an installation, or a procedure.
The official who is charged with the administration and enforcement
of this chapter duly authorized by the Chief Code Administrator.
One who can identify existing predictable hazards in the
surroundings or conditions that are unsanitary, hazardous, or dangerous,
and who has authorization to take prompt corrective measures to eliminate
such hazards.
The excavation, erection, alteration, and repair of buildings
or any component parts, including all operations incidental thereto.
The designated, qualified individual with the following duties:
Acting in a reasonable and responsible manner to maintain a
safe job site and assure compliance with this chapter and any rules
promulgated thereunder at each job site for which the construction
superintendent is responsible.
To the extent that a registered design professional or special
inspection agency is not responsible, the construction superintendent
must assure compliance with the approved documents at each job site
for which the construction superintendent is responsible.
Visiting each job site for which the construction superintendent
is responsible each day when active work is occurring.
Rubbish, waste, discarded material, or the remains of something
broken down, demolished, or destroyed.
Full demolition. The dismantling, razing, or removal of all
of a building or structure, including all operations incidental thereto.
Partial demolition. The dismantling, razing, or removal of structural
members, floors, interior bearing walls, and/or exterior walls or
portions thereof, including all operations incidental thereto.
The City of Easton Department of Planning and Codes.
A design and construction/demolition undertaking consisting
of work at one building or structure, as well as related site improvements
and work on accessory structures. A job may consist of one or more
plan/work applications and may result in the issuance of one or more
permits.
An existing or proposed building 10 or more stories or 125
feet or more in height, or an existing or proposed building with a
building footprint of 100,000 square feet or more regardless of height,
or an existing or proposed building so designated by the Chief Code
Administrator due to unique hazards associated with the construction
or demolition of the structure.
The individual who receives the primary department-issued
permit for the job.
A Pennsylvania licensed architect or licensed professional
engineer.
Debris or structural nets, installed vertically or horizontally
along with all supports, components, and connections.
Any temporary elevated platform and its supporting structure
(including points of anchorage) used for supporting workers or workers
and material, including but not limited to supported scaffolds, suspended
scaffolds, and mobile scaffolds.
A competent person designated by the construction superintendent
or permit holder to ensure compliance with the site safety plan and
all site safety requirements as specified in this chapter.
Excavation, fill, grading, augering, or drilling, whether
in soil or rock; or the installation or removal of foundations, piles,
underpinning, sheeting, shoring, or supports of excavation.
Bracing, shoring, or other elements not part of the permanent
structure and which are installed to facilitate construction or demolition
work.
Nothing in this chapter shall be construed to relieve persons
engaged in construction or demolition operations from complying with
other applicable provisions of law, nor is it intended to alter or
diminish any obligation otherwise imposed by law on any party engaged
in a construction or demolition operation, including but not limited
to the owner, construction manager, general contractor, subcontractors,
material men, registered design professionals, or other party to engage
in sound design and engineering, safe construction or demolition practices,
including but not limited to debris removal, and to act in a reasonable
and responsible manner to maintain a safe construction or demolition
site.
Contractors, construction managers, and subcontractors engaged
in construction or demolition operations shall institute and maintain
all safety measures required by this chapter and provide all equipment
or temporary construction necessary to safeguard the public and property
affected by such contractor's operations.
A.
A site safety manager or site safety coordinator must be designated
and present at the construction or demolition of a major building.
B.
The permit holder shall designate a primary construction superintendent,
prior to the commencement of work, in a form and manner acceptable
to the department, for the following types of jobs:
(1)
The construction of a new building.
(2)
The full demolition of an existing building.
(3)
An alteration to an existing building that involves one or more of
the following:
(a)
A vertical enlargement.
(b)
A horizontal enlargement.
(c)
The alteration or demolition of more than 50% of the floor area
of the building during work over any twelve-month period.
(d)
The removal of one or more floors during work over any twelve-month
period.
(e)
Work that requires underpinning or the protection of sides of
excavations.
(4)
Other jobs that pose an enhanced risk to the public and property,
as determined by the Chief Code Administrator.
(5)
Exceptions: Notwithstanding the above, a construction superintendent
is not required for:
(a)
Work which solely involves the construction, addition, alteration
or repair of a new one- or two-family dwelling.
(b)
Surveying that does not involve the disturbance of material,
structure, or earth.
(c)
Use of a hoist to transport personnel only.
(d)
Use of a material hoist that is fully enclosed within the perimeter
of the building.
(e)
Finish troweling of concrete floors.
(f)
When personnel are provided for temporary heat, light, or water.
(g)
Truck deliveries to the site where the sidewalk is closed, and
the entrance gate is within that closed sidewalk area.
C.
Limitations on the designation of construction superintendents. An
individual may only be designated as a primary or alternate construction
superintendent for that number of jobs for which he or she can adequately
perform all required duties. No individual may be designated as the
primary construction superintendent on more than 10 jobs.
D.
Inspection. Each time the construction superintendent visits a job
site for which he or she is responsible, the construction superintendent
must inspect all areas and floors where construction or demolition
work, and ancillary activity, is occurring, and:
E.
Correcting unsafe conditions. In the event the construction superintendent
discovers work at a job site for which he or she is responsible that
is not being conducted in accordance with sound construction/demolition
practices, not in compliance with approved documents, or not in compliance
with this chapter and any rules promulgated thereunder, the construction
superintendent must immediately notify the person or persons responsible
for creating the unsafe condition, order the person or persons to
correct the unsafe condition, and take all appropriate action to ensure
the unsafe condition is corrected. Where an unsafe condition relates
to an item which a registered design professional or special inspection
agency is responsible for implementing or verifying, the construction
superintendent must also notify the responsible registered design
professional or special inspection agency of the unsafe condition.
F.
Change of designation. The permit holder must immediately notify
the department, in a form and manner acceptable to the department,
of any permanent change to the primary construction superintendent.
Structures, temporary construction, operations, and equipment
shall be inspected as required by this chapter. Where this chapter
does not provide for specific inspection criteria, any equipment,
except hand tools, that would affect the safety of the public and
property when operated shall be inspected by a competent person designated
by the contractor using the equipment before the equipment is used
at the site and on a periodic basis thereafter throughout the duration
of the job. A record of such inspections shall be kept at the site.
Any structure, temporary construction, operation, or equipment
found to be defective or unsafe, and posing a risk to the public and
property, shall be immediately secured and corrected, or removed from
the site.
Where this chapter requires construction documents, drawings,
inspection reports, logs, checklists, site safety plans, fire safety
and evacuation plans, occupant protection plans, or monitoring plans,
copies of such shall be maintained at the site for the duration of
the job and made available to the code official upon request.
The department shall be notified immediately by the permit holder,
or a duly authorized representative, of an accident at a construction
or demolition site, or of any damage to adjoining property caused
by construction or demolition activity at the site.
A.
Following an accident, no person shall permit any of the following
without the permission of the Chief Code Administrator, or designee,
or without a lawful order from the City of Easton Police or Fire Department:
B.
Exception: Immediate emergency procedures taken to secure structures,
temporary construction, operations, or equipment that pose a continued
imminent danger or to facilitate assistance for persons who are trapped
or who have sustained bodily injury.
Fences shall be installed, adjusted, repaired, and maintained
in sound conditions, free of protruding or loose nails, screws, bolts,
wood, or metal, and with posts in an upright position restrained to
prevent the fence from leaning or overturning. The effect of wind
and other loads on the fence shall be considered in the design in
accordance with 'Structural Design' chapter of the International
Building Code.
A.
Fences.
(1)
All sites where a new building is being constructed, or a building
is being demolished to grade, shall be enclosed with a fence. Fences
shall also be installed to fully or partially enclosed sites, as necessary,
where there exists an open excavation, an unenclosed portion of a
building accessible at grade, or other hazard to the public. Such
fences shall be at least six feet high for their entire length, constructed
of suitable material approved by the Chief Code Administrator, or
designee, and shall be returned at the ends to the extent necessary
to effectively close off the site.
(2)
Exception: Except for interrupted or abandoned and discontinued operations,
a minimum of four-foot-high, high-visibility temporary construction
fencing acceptable to the Chief Code Administrator shall be permitted
around the construction of new or additions to one- and two-family
dwellings and structures accessory thereto.
B.
Gates.
(1)
Gates shall be sliding or shall swing into areas not accessible to
the public and shall be provided only where required for access to
the site or to facilitate the work. Gates shall consist of the same
material and construction as the rest of the fence. Gates shall be
kept closed at all times except during actual loading and unloading
operations, when individuals or vehicles are actively entering or
leaving the site, or as needed to facilitate active work around the
gate.
Where a site is enclosed with a minimum six-foot-high fence in accordance with § 250-12, a project information sign shall be posted, made of a durable and weatherproof material such as vinyl, plastic, or aluminum. The project information sign shall be posted and remain in place through the duration that the fence remains at the site.
A.
Project information sign content. Project information signs shall
contain the following information:
(1)
The corporate name, address, and telephone number of the owner of
the property.
(2)
Website address or phone number to contact for project information.
(3)
The corporate name and telephone number of the general contractor,
or for a demolition site, the demolition contractor, or both.
(4)
The statement, "TO REPORT UNSAFE CONDITIONS AT THIS SITE, CALL 610-250-6724."
(5)
The primary project permit number.
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The project information sign content shall be of a Calibri font
or similar sans serif font style with letters a minimum of one inch
high, as measured by the uppercase character. The letters shall be
of a color that contrasts the sign background (such as black letters
on a white background).
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B.
Posting of project information sign. The project information sign
shall be posted on the fence at each entrance along a public right-of-way.
The sign shall be posted on the fence at a height of four feet above
the ground. The sign shall be maintained so that the sign remains
legible, securely attached, and free of sharp edges or hazards.
For jobs that require the designation of a construction superintendent pursuant to § 250-7, a site safety plan that is acceptable to the Chief Code Administrator and Fire Marshall and shall be kept on site and made available to the department upon request.
Sites shall be safeguarded and maintained in accordance with
the provisions of this section to protect the public and property.
A.
Utilities. The location of all existing utilities and service lines
shall be identified and adequate measures taken, or devices provided,
to safeguard the public and property before such utilities are disturbed.
B.
Removing, relocating, or interrupting services. If any utility is
to be removed, relocated, or have its service interrupted, the utility
company or city agency affected shall be notified at least 72 hours
in advance. Prior to the removal of any service, the utility connection
shall be disconnected and capped, and certifications to that effect
issued by the representative utility company shall be filed with the
department.
C.
Housekeeping.
(1)
Slipping and tripping hazards. All areas used by the public shall
be maintained free from ice, snow, grease, debris, equipment, materials,
projections, tools, or other items, substances, or conditions that
may constitute a slipping, tripping, or other hazard.
(2)
Location of hose lines, wires, ropes, pipes, chains, and conduits.
Hose lines, wires, ropes, pipes, chains, and conduits shall be located
so that they will not constitute a tripping hazard to the public.
Where it is necessary to carry such across sidewalks, or any public
way, they shall either be suspended at least eight feet above ground
or, if left on the ground, suitable chamfered planks or a pedestrian
bridge shall be provided to cover such.
D.
Containers. Sufficient containers, including but not limited to waste
dumpsters, debris boxes, and skip boxes, shall be available for the
storage of all debris or waste. Such containers shall be made of metal,
plastic, or other noncombustible material acceptable to the Chief
Code Administrator. Such containers shall also comply with the following:
(1)
Containers with wheels shall be secured at the end of the workday
by rope, cable, or chocking at the wheels to prevent movement.
(2)
Containers shall not be placed at the edge of the building at any
time, except when being moved from the floor or building.
(3)
Containers holding debris or waste shall be covered at the end of
the workday and at any time when full to near the rim. Containers
need not be covered when they are not in use or while stored in a
fully enclosed space at the end of the workday.
E.
Control of debris.
(1)
Control of debris shall include the following measures:
(a)
All floors, roofs, and working decks shall be cleaned of debris
at least daily, and a daily inspection made by a competent person
to verify such has occurred. If the building is a major building,
such inspection shall be noted in the site safety log.
(b)
Debris that cannot be removed from the site by the end of the
shift shall be placed in containers meeting the requirements of this
section or shall be secured overnight to protect the public and property
and shall be removed from the site or placed in containers at the
beginning of the next shift.
(2)
Exception: Combustible debris shall not be permitted to accumulate
and shall be removed from the site.
F.
Storage of materials and equipment during construction or demolition.
Material and equipment stored at a site during construction or demolition
operations shall comply with this section.
(1)
Open and exposed areas. When not being used, material or equipment
located on a working deck, unenclosed floor, roof, ground area, or
similar exposed area shall be secured against dislodgement by wind
or accidental impact.
(2)
Storage near unenclosed perimeters.
(a)
All material or equipment not being used shall be stored at
least 10 feet, measured along all horizontal dimensions, from all
unenclosed perimeters of the building or structure. Such material
or equipment shall be secured against dislodgement by wind or accidental
impact.
(b)
Exceptions: Provided the material or equipment is secured against
accidental movement, in lieu of the ten-foot setback distance:
[1]
Material or equipment that weighs 750 pounds or more may be
stored at least five feet from the unenclosed perimeter.
[2]
Where the floor area is less than 1,000 square feet, material,
or equipment, regardless of weight, may be stored at least five feet
from the unenclosed perimeter.
[3]
Where located on a floor or working deck that is at or above
the level of the horizontal safety netting designed by a registered
design professional, material or equipment may be stored at least
two feet from the unenclosed perimeter.
[4]
Material related to concrete operations may overhang the unenclosed
perimeter of the building or structure, provided:
[a]
The material is banded with a minimum of two equally
spaced bands to prevent dislodgement;
[b]
The material is braced and secured in place by
positive means as indicated on the site safety plan, or where there
is no site safety plan, in accordance with drawings prepared by a
registered design professional;
[c]
The material overhangs by no more than one-third
of its total length;
[d]
The material is stored in an area designated on
the site safety plan, or where there is no site safety plan, in an
area designated on drawings prepared by a registered design professional;
[e]
Such designated area is broom swept and cleared
of all materials, equipment, and debris prior to the temporary removal
of the vertical netting and placement of overhanging material in the
designated area;
[f]
The perimeter of such designated area, except for
the perimeter along the unenclosed perimeter, is protected by vertical
netting designed by a registered design professional or an alternative
system acceptable to the Chief Code Administrator, or designee;
[g]
Horizontal safety netting designed by a registered
design professional is provided at a level not more than two stories
or 30 feet below the overhanging material, with such nets in place
for the full time the material is overhanging, except that the nets
may be pulled in at the immediate time the material is being hoisted
or lowered where such nets would conflict with the hoisting or lowering
operation; and
[h]
The material is relocated on the next workday.
(3)
Storage of combustible material and equipment. Storage of combustible
material and other material and equipment that may present a fire
hazard shall comply with the International Fire Code.
(4)
Storage near sidewalks, walkways, and pathways.
(a)
Material stored adjacent to a sidewalk, walkway, or pathway
that remains open to the public shall not be piled higher than three
feet, or where a solid fence or barrier is provided, to within one
foot of the top of such fence or barrier. For the purposes of this
section, the term "adjacent to" shall be any area that is within a
horizontal distance that is equal to or less than the vertical height
of the piled material.
(b)
Exception: Material stored within a dumpster or similar solid
container, provided such material is not piled above the top of such
dumpster or container.
(5)
Machinery. All exposed, electrically charged, moving or otherwise
dangerous parts of machines and construction or demolition equipment
shall be located, guarded, shielded, or barricaded to prevent contact
by the public.
(6)
Internal combustion-powered equipment. In addition to the requirements
of this chapter, the use of internal combustion-powered equipment
shall comply with the International Fire Code.
G.
Removal of material and debris. Material and debris shall be removed
in a manner that prevents injury or damage to the public or property.
(1)
Removal of combustible debris. Combustible debris shall not be permitted
to accumulate and shall be removed from the site at reasonable intervals
in accordance with the requirements of the International Fire Code.
(2)
Dropping or throwing prohibited. No material or equipment shall be
intentionally dropped or thrown from a building or structure.
(3)
Clogging. Precautions shall be taken to prevent concrete or mortar
washings, sand, grit, or any other material that would cause clogging
from entering a sewer or drain.
(4)
Air pollution. Provisions shall be made to prevent dust from becoming
airborne.
(5)
Chutes. Chutes used in association with the removal of materials
shall comply with this section.
(a)
Chute enclosures shall be designed and placed at angles to prevent
material from falling out of the chute before it enters the dumpster
or other approved container at the bottom.
(b)
Chutes shall be constructed of sufficient strength and durability
to safely transport material.
[1]
Chutes shall have noncombustible supports to provide strength
and rigidity along their entire height and have a metal impact plate
where material is forced to change direction while falling.
[2]
A gate shall be provided at the lower end of every chute to
control the loading of material into trucks and to close the chute
at all other times. Splash boards or baffles shall be erected to prevent
materials from rebounding into the street or under the sidewalk shed.
[3]
A bumper or curb at least four inches by four inches in section
shall be provided at each chute opening where such opening is level
with, or below, the floor or platform. Every space between the chute
and the edge of the opening in the floor or platform shall be solidly
planked.
(c)
Fire-retardant construction. When used in the following applications,
all chutes constructed of combustible material shall be covered on
the exterior with corrugated steel sheeting having a minimum thickness
of 24 gauge through their entire height. Alternatively, chutes shall
be constructed of noncombustible material:
H.
Fire prevention and fire protection. Firefighting equipment, fire
protection water supplies, firefighting access and other fire service
features at the construction or demolition site, and the conduct of
all construction or demolition operations affecting fire prevention
and firefighting shall comply with the International Fire Code.
I.
Elements to be maintained in existing buildings.
(1)
Required means of egress, existing structural elements, fire protection
devices, and sanitary safeguards shall be always maintained during
construction or demolition operations in existing buildings. Required
means of egress shall not be obstructed in any manner that would destroy
the full effectiveness of such means of egress.
(2)
Exception: Where adequate alternate provisions are provided in accordance
with the requirements of this code, or where the element is temporarily
or permanently disconnected, removed, or demolished in accordance
with the requirements of this code and of the agency or authority
having jurisdiction to temporarily or permanently disconnect, remove,
or demolish such element. Such alternative means, disconnection, removal,
or demolition shall be shown on the approved plans. Fire protection
systems, including but not limited to sprinklers, standpipes, and
fire alarms, shall only be taken out of service in accordance with
the requirements of the International Fire Code.
J.
Operations in occupied buildings. When construction or demolition
activity occurs in an occupied building, barricades, signs, drop cloths,
and other protective means shall be installed and maintained as necessary
to provide reasonable protection for the occupants against hazard
and nuisance. Such protective means shall be indicated on an occupant
protection plan approved by the Chief Code Administrator.
K.
Interrupted or abandoned and discontinued operations. Sites where
construction or demolition work has been interrupted or abandoned
and discontinued shall be protected in accordance with this section.
(1)
Fencing. A fence meeting the requirements of § 250-12 shall be maintained throughout the duration of time that operations at the site are interrupted or abandoned and discontinued.
(2)
Safety monitoring plan. Where work has been interrupted or abandoned
and discontinued for a period of at least three months, a safety monitoring
plan shall be prepared and submitted to the department. Such safety
monitoring plan shall be specific to the site, shall identify safeguards
to be instituted and maintained to secure the site, and shall specify
monitoring to be performed during the duration of suspension of work.
The site shall be monitored in accordance with such plan.
(3)
Filling and grading. Where work has been interrupted or abandoned
and discontinued for a period of at least three months, all open excavations
shall be filled and graded to eliminate all steep slopes, holes, obstructions,
or similar sources of hazard. Fill shall consist of clean, noncombustible
material. The final surface shall be graded in such a manner as to
drain the lot, eliminate pockets in the fill, and prevent the accumulation
of water without damaging any foundations on the premises or on adjoining
property.
(a)
Exception: Filling and grading is not required for abandoned,
discontinued, or interrupted excavations that are:
[1]
Secured in accordance with § 250-15K(2), and
[2]
Inspected periodically by an engineer to verify continued stability
of the excavation, with a record of such inspections signed, sealed,
and dated by the engineer.
L.
Drainage. No condition shall be created because of construction or
demolition operations that will interfere with natural surface drainage.
Water courses, drainage ditches, etc., shall not be obstructed by
refuse, waste building materials, earth, stones, tree stumps, branches,
or other debris that may interfere with surface drainage or cause
the impoundment of surface waters.
(1)
Protection of foundations. Provision shall be made to prevent the
accumulation of water or water damage to any foundations on the premises
or to adjoining property.
(2)
Drainage of excavations. All excavations shall be drained, and the
drainage shall be maintained as long as the excavation continues or
remains.
M.
Contractor sheds and offices.
(1)
Contractors' sheds and offices located within 30 feet of new
construction, existing buildings, or another contractor shed, or office
shall be made of metal or other noncombustible material.
(2)
Exception: Contractor sheds and offices located within a building
and protected from weather may use fire-retardant treated wood, provided
the shed does not exceed one story in height and 120 square feet in
area and is at least 30 feet from another shed.
A.
Conclusion of work. Public property shall be left in as good a condition
following the completion of the construction or demolition work as
it was before such work was commenced. Except where otherwise required
by this code, the owner or the owner's agent shall, upon the
completion of the construction or demolition work, immediately remove
all sidewalk sheds, fences, guard rails, temporary walkways, material,
and other obstructions in or adjacent to the public way.
B.
Facilitating City work. In the event a duly authorized City agency
must repair, maintain, or install City property, including but not
limited to intersection control signs, electrical equipment, traffic
signals, lane markings, bus shelters, street lighting, other street
furniture, or fire hydrants, at a location where pedestrian protection
required by this chapter is located; such pedestrian protection shall
be removed as directed by the department of buildings as long as the
removal is deemed to be safe and, if necessary, suitable appropriate
pedestrian protection that does not interfere with the work of such
City agency is installed.
Adjoining public and private property, including persons thereon,
shall be protected from damage and injury during construction or demolition
work in accordance with the requirements of this chapter. Protection
must be provided for footings, foundations, party walls, chimneys,
skylights, and roofs. Provisions shall be made to control water run-off
and erosion during construction or demolition activities.
Where a construction or demolition project will require access
to adjoining property in accordance with this chapter, written notification
shall be provided to the adjoining property owner at least 60 calendar
days prior to the commencement of work.
A.
Content of notification. Such notification shall describe the nature
of work, estimated schedule and duration, details of inspections or
monitoring to be performed on the adjoining property, protection to
be installed on the adjoining property, contact information for the
project, and a request for response to notice for confirmation of
receipt.
B.
No response. Where no response is received, a second written notification
shall be made no more than 45 calendar days, and not less than 30
calendar days, prior to the commencement of work.
The responsibility of affording any license to enter adjoining
property shall rest upon the owner of the adjoining property involved;
and in case any tenant of such owner fails or refuses to permit the
owner to afford such license, such failure or refusal shall be a cause
for the owner to dispossess such tenant through appropriate legal
proceedings for recovering possession of real property. Nothing in
this chapter shall be construed to prohibit the owner of the property
undertaking construction or demolition work from taking legal action
to be granted license to enter.
When permission to enter upon adjoining property has been obtained,
a physical examination of such property shall be conducted by the
person causing the construction or demolition operations prior to
the commencement of the operations and at reasonable periods during
the progress of the work. Observed conditions shall be recorded by
the person causing the construction or demolition operations, and
such records shall be made available to the department upon request.
A.
Whenever soil or foundation work occurs, regardless of the depth of such, the person who causes such to be made shall, at all times during the course of such work and at his or her own expense, preserve and protect from damage any adjoining structures, including but not limited to footings and foundations, provided such person is afforded a license in accordance with the requirements of § 250-19 to enter and inspect the adjoining buildings and property, and to perform such work thereon as may be necessary for such purpose.
B.
If the person who causes the soil or foundation work is not afforded
a license, such duty to preserve and protect the adjacent property
shall devolve to the owner of such adjoining property, who shall be
afforded a similar license with respect to the property where the
soil or foundation work is to be made.
The following additional requirements shall apply during excavation:
A.
The person causing the excavation shall support the vertical and
lateral load of the adjoining structure by proper foundations, underpinning,
or other equivalent means where the level of the foundations of the
adjoining structure is at or above the level of the bottom of the
new excavation.
B.
Where the existing adjoining structure is below the level of the
construction or demolition, provision shall be made to support any
increased vertical or lateral load on the existing adjoining structure
caused by the construction or demolition.
C.
Where the construction or demolition will result in a decrease in
the frost protection for an existing foundation below the minimums
established in the International Residential Code or International
Building Code, the existing foundation shall be modified as necessary
to restore the required frost protection.
Where a party wall will be affected by excavation, regardless
of the depth, the person who causes the excavation to be made shall
preserve such party wall at his or her own expense so that it shall
be, and shall remain, in a safe condition. Where an adjoining party
wall is intended to be used by the person causing an excavation to
be made, and such party wall is in good condition and sufficient for
the uses of the existing and proposed buildings, it shall be the duty
of such person to protect such party wall and support it by proper
foundations, so that it shall be and remain practically as safe as
it was before the excavation was commenced.
No excavation work to a depth of five feet to 10 feet within
10 feet of an adjacent building, or an excavation over 10 feet anywhere
on the site shall commence until the person causing an excavation
to be made has documented the existing conditions of all buildings
within a lateral distance of 100 feet in a preconstruction survey.
During the course of excavation work, the following shall be monitored in accordance with § 250-34:
A.
Buildings that are within a distance from the edge of the excavation
that is equal to or less than the maximum depth of the excavation.
B.
Structures that are contiguous to or within a lateral distance of
100 feet from the edge of the lot where an excavation is occurring.
C.
Exception: Monitoring is not required for excavations to a depth
of five feet or less, provided:
A.
Whenever underpinning is required to preserve and protect an adjacent property from construction, demolition, or excavation work, the person who causes such work shall, at his or her own expense, underpin the adjacent building provided such person is afforded a license in accordance with the requirements of § 250-19 to enter and inspect the adjoining buildings and property, and to perform such work thereon as may be necessary for such purpose.
B.
If the person who causes the construction, demolition, or excavation
work is not afforded a license, such duty to preserve and protect
the adjacent property shall devolve to the owner of the adjoining
property, who shall be afforded a similar license with respect to
the property where the construction, demolition, or excavation is
to be performed.
A.
Monitoring.
(1)
Whenever subsurface operations, other than excavation or fill, are conducted that may impose loads or movements on adjoining property, including but not limited to the driving of piles, compaction of soils, or soil solidification, the effects of such operations on adjoining property and structures shall be monitored in accordance with § 250-34.
B.
Change in ground water level. Where placement of a foundation will
cause changes in the ground water level under adjacent buildings,
the effects of such changes on the stability and settlement of the
adjacent foundations shall be investigated and provision shall be
made to prevent damage to such buildings.
A.
Soil or foundation work. When, in the opinion of the Chief Code Administrator,
or designee, a potential hazard exists as a result of soil or foundation
work, elevations of the adjacent buildings shall be recorded or other
monitoring procedures shall be implemented by a registered design
professional at intervals of 24 hours or less as determined by the
Chief Code Administrator, or designee, to ascertain if movement has
occurred.
B.
Subsurface operation. When, in the opinion of the Chief Code Administrator,
or designee, a potential hazard exists as a result of subsurface operations,
elevations of the adjacent buildings shall be recorded by a registered
design professional at intervals of 24 hours or less as determined
by the Chief Code Administrator, or designee, to ascertain if movement
has occurred.
When the regulation of a lot requires the ground on such lot
to be at a different elevation than the ground of the adjoining lot,
provided the ground of such adjoining lot is not maintained at an
elevation lower than in conformity with the street or streets on which
it is situated; or where an excavation has been made or a fill placed
on any lot meeting the curb level requirements; and the adjoining
land is maintained at a grade in conformity with or lower than the
streets or streets on which it is situated; and is without permanent
structures other than approved accessory structure such as frame sheds
or similar, a retaining structure shall be constructed for the safe
support of adjoining ground, unless the bank between the adjoining
properties is maintained at a safe angle of repose. Any necessary
retaining wall shall be built and maintained by the owner(s) that
require the retaining wall.
A.
Surplus retaining structures. Where any owner maintains his or her
ground either higher or lower than the legal regulation prescribed
in the City Code, the surplus retaining structure that may be necessary
to support such height or provide for such excavation shall be made
at the sole expense of such owner, and any additional thickness that
may be required shall be built on the land of such owner.
A.
Adjoining walls. When any construction or demolition operation exposes
or breaches an adjoining wall, including load-bearing and nonload-bearing
walls as well as party walls and nonparty walls, the person causing
the construction or demolition operation shall, at his or her own
expense, perform the following:
(1)
Maintain the structural integrity of such walls and adjoining structure
and have a registered design professional investigate the stability
and condition of the wall and adjoining structure and take all necessary
steps to protect such wall and structure.
(2)
Maintain all required fire exits and passageways or provide substitutions
meeting the requirements of the International Building Code.
(3)
Cut off close to the walls all beams in party walls, remove stub
ends without weakening existing masonry, clean beam pockets of loose
mortar, bend over all wall anchors at the beam ends in the standing
wall, and brick-up all open beam holes with sound brick and cement
mortar.
(4)
During demolition operations, where the floor beams of the adjacent
building bear on the party wall, the person causing the demolition
shall ascertain that such beams are anchored into the wall and, where
such anchorage is lacking, shall provide anchorage or otherwise brace
the standing wall.
(5)
During demolition operations, all nonload-bearing chimney breasts,
projections, and any other debris exposed on party walls shall be
examined and monitored by the person causing the demolition. Removal
of such items shall be made under the supervision of a registered
design professional only if the stability of the adjacent building
or structure will not be affected. All openings shall be bricked up
flush on the exterior side of the party wall. All masonry that is
in poor condition shall be pointed and patched.
B.
Weatherproof integrity of adjoining buildings. Where the waterproof
integrity of an adjoining wall or building has been impaired due to
construction or demolition operations, the person causing the construction
or demolition operations shall, at his or her own expense, provide
all necessary measures to permanently waterproof the adjoining wall
or building to establish or restore the weatherproof integrity of
such adjoining wall or building. This shall include, but is not limited
to:
(1)
Bending over and flashing all roofing material of adjoining buildings;
(2)
Sealing and permanently waterproofing all doors or other openings
in party walls;
(3)
Properly sealing all cornices, where cut;
(4)
Pointing up and making waterproof any walls and parapets and any
walls that have been disturbed;
(5)
Removing all exposed furring, lath, and plaster on party walls; and
(6)
Removing, replacing, and firmly anchoring any loose wall material.
C.
Protection of roofs.
(1)
Whenever any building is to be constructed or demolished above the roof of an adjoining building, it shall be the duty of the person causing such work to protect from damage at all times during the course of such work and at his or her own expense the roof, skylights, other roof outlets, and equipment located on the roof of the adjoining building, and to use every reasonable means to avoid interference with the use of the adjoining building during the course of such work, provided such person causing such work is afforded a license in accordance with the requirements of § 250-19 to enter and inspect the adjoining building and perform such work thereon as may be necessary for such purpose; otherwise, the duty of protecting the roof, skylights, other roof outlets, and equipment on the roof of the adjoining building shall devolve upon the owner of such adjoining building.
(2)
Adjoining roof protection shall be secured to prevent dislodgement
by wind. Where construction or demolition work occurs at a height
of at least 48 inches above the level of the adjoining roof, adjoining
roof protection shall consist of two inches of flame-retardant foam
under two inches of flame-retardant wood plank laid tight and covered
by flame-retardant plywood, or shall consist of equivalent protection
acceptable to the Chief Code Administrator, and shall extend to a
distance of at least 20 feet from the edge of the building being constructed
or demolished.
D.
Protection of chimneys. Any person having the duty to alter or maintain chimneys of any adjoining building under and pursuant to the provisions of this chapter, the International Mechanical Code, the International Fuel Gas Code, or other applicable laws and rules shall make requests of the adjoining property owner to be afforded a license in accordance with the requirements of § 250-19 to enter and inspect such adjoining building and perform such work thereon as may be necessary for such purpose; otherwise, such duty shall devolve upon the owner of such adjoining building.
E.
Protection of adjoining equipment spaces.
(1)
Whenever a major building is constructed or demolished, and provided such work requires a site safety plan in accordance with § 250-14, it shall be the duty of the person causing such work to protect from damage, at all times during the course of such work and at his or her own expense, all mechanical, electrical, and similar equipment on the adjoining property that are within 20 feet from an unenclosed perimeter of the major building, and to protect all publicly accessible spaces on the adjoining property that are within 20 feet from an unenclosed perimeter of the major building, and also to use every reasonable means to avoid interference with the use of such equipment and spaces during the course of such construction or demolition work, provided such person causing such work is afforded a license in accordance with the requirements of § 435-18 to enter and inspect the adjoining property and perform such work thereon as may be necessary for such purpose; otherwise, the duty of protecting such adjoining equipment and spaces shall devolve upon the owner of such adjoining property.
F.
Protection of windows.
(1)
Whenever exterior construction or demolition work occurs, and such work results in an unenclosed perimeter, it shall be the duty of the person causing such work to protect from damage, at all times during the course of such work and at his or her own expense, all windows on adjoining private property that face such work and are 20 feet or less from an unenclosed perimeter, provided such person causing such work is afforded a license in accordance with the requirements of Section 250-19 to enter and inspect the adjoining property and perform such work thereon as may be necessary for such purpose; otherwise, the duty of protecting the adjoining windows shall devolve upon the owner of such adjoining building.
(2)
Where the window provides required means of lighting, ventilation,
or egress, such protection shall not be allowed to interfere with
such required means.
(3)
Exceptions: Window protection is not required for:
(a)
Minor alterations and ordinary repairs.
(b)
Work performed on a one- or two-family detached house or accessory
use to such.
(c)
Where all unenclosed perimeters are protected by vertical netting,
or an approved alternate system, that extends to cover the full height
and width of the unenclosed perimeter; or a supported scaffold covers
the full width of the unenclosed perimeter, provided the scaffold
is decked and flush against the building at such level where the unenclosed
perimeter exists, with no gap between the scaffold and the building
greater than three inches (76 mm), and also provided that the scaffold
is provided with netting and guardrails.
The Chief Code Administrator, or designee, may, based upon a
written request from a registered design professional, modify the
requirements for adjoining property protection required by this chapter,
including the installation or use of alternative methods, provided
such modification or alternative method meets or exceeds the level
of surveying, monitoring, inspection, or protection, as applicable,
afforded to the public and property by this section.
A.
Request content. A request submitted under § 250-31 shall include:
(1)
Details of the modification or alternative methods to be utilized;
(2)
Any stipulations;
(3)
Demonstration that the request meets or exceeds the level of surveying,
monitoring, inspection, or protection, as applicable, afforded to
the public and property by this section;
(4)
Where applicable, a description of the practical difficulty of complying
with code requirements;
(5)
Where applicable, a reference to the site safety monitoring program;
and
(6)
Where such request is made because an adjoining property owner has not afforded a license in accordance with the requirements of § 250-19, the request shall contain a notarized letter from the owner of the property where the project is to commence, or a duly authorized representative, certifying notification has been made to seek a license in accordance with the requirements of § 250-19.
No trees outside the property line within the public right-of-way
shall be disturbed or removed without the permission of the Director
of Public Works, or designee. Protection meeting the requirements
of the Department of Public Works shall be provided for all such trees,
and written notification shall also be made to the Department of Public
Works at least 48 hours prior to commencement of such work.
Where monitoring is required by this chapter, such monitoring
shall be in accordance with a monitoring plan developed by a registered
design professional and acceptable to the Chief Code Administrator,
or designee. The monitoring plan shall be specific to the structures
to be monitored and operations to be undertaken, and shall specify
the scope and frequency of monitoring, acceptable tolerances, and
reporting criteria for when tolerances are exceeded.
A.
When excavation, foundation construction, or underpinning is required,
adjacent structures and properties shall be monitored in accordance
with a plan prepared by a professional engineer. The engineer shall
develop the scope of the monitoring program, including location and
type of instruments, frequency and duration of readings, and permissible
movement and vibration criteria. This scope shall consider the structures
or property to be monitored and the conditions thereof. The monitoring
program shall include necessary actions to address exceedances. These
actions shall include notification of the department. Monitoring of
historic and landmarked structures shall be subject to special requirements
as determined by the department.
A.
Unlawful acts. It shall be unlawful for a person, firm or corporation
to be in conflict with or in violation of any of the provisions of
this code.
B.
Notice of violation. The Code Official shall serve a notice of violation or order in accordance with § 250-36.
(1)
Method of service. Such violation tickets shall be deemed to be properly
served if a copy thereof is:
(a)
Delivered personally.
(b)
Posted in a conspicuous place in or about the structure affected
by such ticket.
(c)
Sent by first class mail. If the ticket is returned showing
that this letter was not delivered, a copy thereof shall be posted
in a conspicuous place in or about the structure affected by such
notice.
C.
Prosecution of violation. Any person failing to comply with a notice of violation or order served in accordance with § 250-36 shall be deemed guilty of a misdemeanor or civil infraction, as determined by the local municipality, and the violation shall be deemed a strict liability offense. If the notice of violation is not complied with, the Code Official shall institute the appropriate proceeding at law or in equity to restrain, correct or abate such violation, or to require the removal or termination of the unlawful occupancy of the structure in violation of the provisions of this code or of the order or direction made pursuant thereto. Any action taken by the authority having jurisdiction on such premises shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate.
D.
Violations and penalties. Any person, firm or corporation who shall
violate any provision of this code shall, upon conviction thereof,
be subject to a fine not exceeding $1,000 and costs, or imprisonment
for a term not to exceed 90 days, or both, at the discretion of the
court. Each day that a violation continues after due notice has been
served, in accordance with the terms and provisions hereof, shall
be deemed a separate offense.
(1)
Violation ticket fines. As an alternative to filing a citation with the district magistrate, violation tickets may be issued in the amount as specified in Chapter 285, § 285-17B(1), for each violation. Any person who receives a violation ticket for any violation of this code may, within 10 days, admit the violation, waive a hearing and pay the fine in full satisfaction of the amount as specified in § 285-17B(1), as indicated on the violation ticket.
(2)
Violation ticket penalties. If the person in receipt of a violation ticket does not pay the fine or request a hearing within 10 days, the person will be subject to the amount as specified in § 285-17B(2), Violation ticket penalties; for days 11 through 20. Failure of the person to make payment within 20 days shall make the person subject to a citation.
E.
Abatement of violation. The imposition of the penalties herein prescribed
shall not preclude the legal officer of the jurisdiction from instituting
appropriate action to restrain, correct or abate a violation, or to
prevent illegal occupancy of a building, structure or premises, or
to stop an illegal act, conduct, business or utilization of the building,
structure or premises.
A.
Notice to person responsible. Whenever the Code Official determines that there has been a violation of this code or has grounds to believe that a violation has occurred, notice shall be given in the manner prescribed in § 250-36B and C to the person responsible for the violation as specified in this code.
B.
Form. Such notice prescribed in § 250-36A shall be in accordance with all of the following:
(1)
Be in writing.
(2)
Include a description of the real estate sufficient for identification.
(3)
Include a statement of the violation or violations and why the notice
is being issued.
(4)
Include a correction order allowing a reasonable time to make the
repairs and improvements required to bring the dwelling unit or structure
into compliance with the provisions of this code.
C.
Method of service. Such notice shall be deemed to be properly served
if a copy thereof is:
(1)
Delivered personally;
(2)
Posted in a conspicuous place in or about the structure affected
by such notice;
(3)
Sent by mail addressed to the last known address as follows:
(a)
Mailed first notices shall be sent first class;
(b)
Mailed second and subsequent notices shall be sent certified
mail; or
(c)
If the notice is returned showing that the letter was not delivered,
a copy thereof shall be posted in a conspicuous place in or about
the structure affected by such notice.
D.
Unauthorized tampering. Signs, tags, or seals posted or affixed by
the Code Official shall not be mutilated, destroyed or tampered with,
or removed without authorization from the Code Official.
