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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)
A person may not perform excavation work for which a permit is required pursuant to Section 14A-4-406.1 without maintaining in effect a commercial general liability insurance policy against all claims for damage, death, and injury arising from the excavation work. The policy must be in an amount no less than $1 million per occurrence for bodily injury, personal injury, and property damage and the policy must provide for 30 days' advance notice to the City before cancellation or lapse of the policy. Proof of the required insurance or proof of licensure and insurance in accordance with Chapter 4-36 of the Municipal Code must be submitted as part of the application for the permit for the excavation work. The insurance must remain in full force and effect throughout the duration of the permit period.
(Amend Coun. J. 10-7-20, p. 21791, Art. I, § 12)
Before beginning excavation work, the owner must hire a pest control business to prepare a written pest control plan, including but not limited to above-ground bait boxes around the perimeter of the site, and implement the plan. Pest control measures must remain in place until excavation is completed. The written plan and record of pest control measures performed must be kept at the site and made available to the building official and other City officials while excavation or subsequent construction work is ongoing.
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