A.
Temporary support: Until permanent support has been provided, all excavations shall be safeguarded and protected by the person causing the excavations to be made, to avoid all danger to life or limb. Where necessary, such excavations shall be retained by temporary retaining walls, sheet piling and bracing or other approved method to support the adjoining earth.
(1)
Examination of adjoining property: Before any excavation or demolition is undertaken, license to enter upon adjoining property for the purpose of physical examination shall be afforded by the owner and tenants of such adjoining property to the person undertaking such excavation or demolition, prior to the commencement and at reasonable periods during the progress of the work.
(2)
Notice to the Building Inspector: If the person who causes an excavation to be made or an existing structure to be demolished has reason to believe that an adjoining structure is unsafe, that person shall forthwith report in writing to the Building Inspector. The Building Inspector shall inspect such premises, and if the structure is found unsafe, the Building Inspector shall order it repaired as provided in § 334-20.
(3)
Responsibility of adjoining owner: The person making or causing an excavation to be made shall, before starting the work, give at least a one-week notice in writing to the owner of each neighboring building or structure, the safety of which may be affected. Having received consent to enter a building, structure or premises, such person shall make the necessary provisions to protect it structurally and to insure it against damage by the elements which may ensue from such excavation. If license to enter is not afforded, then the adjoining owner shall have the entire responsibility of providing both temporary and permanent support of his premises at his own expense. For that purpose, the adjoining owner shall be afforded the license when necessary to enter the property where the excavation is to be made.
(4)
Excavations for other than construction purposes: Excavations made for the purpose of removing soil, earth, sand, gravel, rock or other materials shall be performed in such a manner as will prevent injury to neighboring properties or to the street which adjoins the lot where such materials are excavated, and to safeguard the general public health and welfare.
B.
Permanent support: Permanent support shall be provided in accordance with Subsection B(1) and (2) below.
(1)
Deep excavations: Whenever an excavation is made to a depth of more than 10 feet (3,048 mm) below the established curb, the person who causes such excavation to be made, if afforded the necessary license to enter the adjoining premises, shall preserve and protect from injury at all times and at his own expense such adjoining structure or premises which may be affected by the excavation. If the necessary license is not afforded, it shall then be the duty of the owner of the adjoining premises to make his building or structure safe by installing proper underpinning or foundations or otherwise. Such owner, if it is necessary for the prosecution of his work, shall be granted the necessary license to enter the premises where the excavation or demolition is contemplated.
(2)
Shallow excavations: Wherever an excavation is made to a depth less than 10 feet (3,048 mm) below the curb, the owner of a neighboring building or structure the safety of which may be affected by the proposed excavation, shall preserve and protect from injury and shall support his building or structure by the necessary underpinning or foundations. If necessary for that purpose, such owner shall be afforded a license to enter the premises where the excavation is contemplated.