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(a) If any portion of the excavation will be within five feet of any portion of a structure on the property of another, the owner of the property to be excavated or the person performing the excavation work shall reinforce or brace the neighboring structure in order to prevent sagging, settling, cracking or collapse of its foundation and walls. The owner of the property to be excavated shall be responsible for the cost of the reinforcement or bracing. The reinforcement or bracing shall be done in a manner consistent with the provisions of the building code and prescribed by the building commissioner in rules. The building commissioner shall give consideration to the nature of surrounding soil, the depth of excavation, the size of the affected structure and other factors that may be relevant to the appropriate reinforcement or bracing.
(b) If any portion of the excavation will be within five feet of any portion of the public way, the owner of the property to be excavated or the person performing the excavation work shall reinforce or brace that portion of the public way in order to prevent sagging, settling, cracking or collapse. The owner of the property to be excavated shall be responsible for the cost of the reinforcement or bracing.
(Added Coun. J. 12-15-99, p. 21407, § 1; Amend Coun. J. 3-5-03, p. 104990, § 28; Amend Coun. J. 11-13-07, p. 14999, Art. II, § 1)