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Notwithstanding any provision of state law to the contrary, the owner of property on which excavation work is to be performed, and the person actually performing the work, must protect the adjacent and subjacent support of the adjoining public way and structures located on the property of another and within five feet (1524 mm) of any portion of the excavating work, in accordance with this section.
At least 30 days before beginning excavation work that requires a permit pursuant to Section 14A-4-406.1, the owner of the property where the work is to be done must notify the owners of adjoining properties of the anticipated starting date and three-dimensional extent of the excavation work. The notice must be in writing and must be delivered by certified mail, return receipt requested, or by personal delivery to the person entitled to receive the notice, accompanied by a receipt for delivery. Where the notice is served by personal delivery, the owner of the property where the work is to be done must submit to the building official a signed affidavit stating the date and time of the delivery and an explanation of how the notice was delivered. The receipt, affidavit, and a copy of the notice must be attached to the permit application and available for inspection at the excavation site.
(Amend Coun. J. 10-7-20, p. 21791, Art. I, § 9; Amend Coun. J. 1-26-22, p. 43756, Art. I, § 5)
Where excavation work that requires a permit will be within 5 feet (1524 mm) of any portion of an existing structure, the owner of the property to be excavated or the person performing the excavation work must reinforce or brace the adjacent existing structure in order to prevent sagging, settling, cracking, or collapse of its foundation and walls. The owner of the property to be excavated is responsible for the entire cost of the reinforcement or bracing. The reinforcement or bracing must be done in a manner consistent with the provisions of the Chicago Construction Codes. Bracing, including earth retention systems, required by this section must be designed by a registered design professional.
(Amend Coun. J. 10-7-20, p. 21791, Art. I, § 10)
Where excavation work that requires a permit will be within 5 feet (1524 mm) of the public way, the owner of the property to be excavated or the person performing the excavation work must reinforce or brace that portion of the public way in order to prevent sagging, settling, cracking, or collapse. Bracing, including earth retention systems, required by this section must be designed by a registered design professional. The owner of the property to be excavated is responsible for the entire cost of the reinforcement or bracing.
The owner of the property where excavation work takes place and the person performing the work are jointly and severally liable for any damage, death, or injury caused by sagging, settling, cracking, or collapse of the public way or of the foundation or walls of an existing structure located within 5 feet (1524 mm) horizontally of the excavation work, due to absent or insufficient reinforcement or bracing, or due to any other act or omission in the performance of the excavation work. For purposes of this section, "damage" includes incidental costs such as salvage, relocation and temporary housing of occupants of damaged properties, as well as costs incurred by the City in responding to any sagging, settling, cracking, or collapse.
(Amend Coun. J. 10-7-20, p. 21791, Art. I, § 11)
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