Current through Register Vol. 56, No. 18, September 16, 2024
(a)
Owners who undertake construction, rehabilitation, or demolition work at their
properties shall protect adjoining properties and public rights of way from
damage or hazardous conditions caused by the work.
1. In instances where it may be necessary to
access the adjoining property to provide such protection, the owner intending
to undertake the construction, rehabilitation, or demolition work that could
potentially damage adjoining properties shall deliver written notice of such
intent to the owners of the affected properties. The notice shall request
written permission to enter the adjoining properties to determine the measures
that must be taken to safeguard the properties from damage.
i. Written consent from the owners of the
adjoining properties must be obtained prior to entering the
properties.
ii. In those cases
where owners of adjoining properties refuse access, work shall not proceed
unless access to the properties is granted by the courts.
2. Upon approval of measures to safeguard
adjoining properties, the owner intending to undertake the construction,
rehabilitation, or demolition work shall provide a copy of the measures to the
owners of adjoining properties and shall request and obtain written permission
from the owners of the adjoining properties to implement the measures prior to
the commencement of work.
(b) The measures to be taken to safeguard
adjoining properties or public rights of way shall be submitted with the permit
application for review and approval by the construction official. For projects
undertaken using partial filing or partial releases, such measures shall be
submitted for review and shall have been approved prior to the issuance of a
construction permit for the portion of the work requiring the safeguarding of
adjoining properties or public rights of way. Effective March 18, 2018:
1. Sections 3302, 3303, 3304, 3306, 3307, and
3308 of the building subcode shall be used as the minimum safeguards for all
buildings and structures regulated by the one- and two-family dwelling
subcode.
2. Where necessary to
protect the public right of way, sidewalk, or street bridging, designed in
accordance with the applicable requirements of the building subcode, shall be
installed over public rights of way to protect persons and vehicles.
Construction documents prepared by a design professional shall be submitted and
released prior to the installation of sidewalk or street bridging. The sidewalk
or street bridging shall be inspected and certified by the licensed design
professional prior to the start of construction work that may threaten the
public right of way. The released drawings shall be available, upon request, at
the site while the sidewalk or street bridging is in place.
(c) Effective March 18, 2018, for
cranes of more than 160 feet in height, including jibs and any other extensions
to the boom, located on a construction site or for cranes of more than 50 feet
in height with a maximum rated capacity of greater than 20 tons located in a
public right of way, measures shall be taken to protect adjoining property and
public rights of way from any hazard to life or property that may be caused by
the siting or use of the crane. Such measures may be omitted where the crane
placement is such that failure would impact only the construction site itself
and would not imperil any adjoining property, public right of way, or any
building(s) or area(s) on the same property as the construction site occupied
by other than construction workers.
1. An
owner intending to use a crane that is sited on or lifts over a public way
shall obtain approval from the local police or traffic safety department or the
appropriate county or State authority. Approval to close the street and
sidewalk while the crane is in operation shall be accepted as adequately
protecting the public right of way.
2. Documentation for operation of a crane
shall include a site plan indicating crane placement, support, or foundation,
as appropriate, reach and lift limits, crane operating procedures to be
followed under various wind or other environmental conditions, and any plans in
place to control operation of the crane to minimize risk to adjoining property
or public rights of way.
3. For
erection of a tower crane, the required documentation shall include a signed
and sealed plan for the footing layout and design, including a soils report,
and a certification by the design professional of record that installation was
performed in accordance with this plan and the manufacturer's specifications
for the crane.
i. The tower and base shall
have elevations shot to confirm that no movement has occurred after jumps.
Additionally, the entity owning or operating the crane(s) shall maintain weekly
reports of maintenance and connections to superstructure, as inspected and
certified by the design professional.
