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Cleveland, OH Code of Ordinances
CITY OF CLEVELAND, OHIO CODE OF ORDINANCES
CHARTER OF THE CITY OF CLEVELAND
PART ONE: ADMINISTRATIVE CODE
PART TWO: HEALTH CODE
PART THREE: LAND USE CODE
PART IIIA: LAND USE CODE - PLANNING AND HOUSING
PART IIIB: LAND USE CODE - ZONING CODE
PART IIIC: LAND USE CODE - HOUSING CODE
PART IIID: LAND USE CODE - FIRE PREVENTION CODE
PART IIIE: LAND USE CODE - BUILDING CODE
TITLE XIII: BUILDING CODE
CHAPTER 3101 - SCOPE, DEFINITIONS AND STANDARDS
CHAPTER 3103 - ENFORCEMENT AND PENALTY
CHAPTER 3104 - CIVIL ENFORCEMENT
CHAPTER 3105 - PERMITS AND OCCUPANCY CERTIFICATES
CHAPTER 3106 - REGISTRATION OF VACANT BUILDINGS AND CERTIFICATES OF COMPLIANCE FOR VACANT BUILDINGS
CHAPTER 3107 - REGISTRATION OF CONTRACTORS
CHAPTER 3109 - ENCROACHMENTS
CHAPTER 3111 - OHIO BUILDING CODE
CHAPTER 3113 - OUTDOOR SIGNS AND DISPLAYS
CHAPTER 3114 - FIRE LIMITS
CHAPTER 3115 - DEMOLITION AND MOVING
CHAPTER 3116 - CONSTRUCTION AND POST-CONSTRUCTION SITE STORM WATER RUNOFF CONTROL
CHAPTER 3117 - PRIVATE SWIMMING POOLS
CHAPTER 3121 - RESIDENTIAL BUILDING CODE OF OHIO FOR ONE, TWO, OR THREE-FAMILY DWELLINGS
CHAPTER 3123 - MISCELLANEOUS OCCUPANCY
CHAPTER 3125 - EXCAVATIONS, SOILS AND FOUNDATIONS
CHAPTER 3126 - FILLS, EXCAVATIONS, SOILS, AND GRADING
CHAPTER 3127 - WOOD CONSTRUCTION
CHAPTER 3129 - LOADS
CHAPTER 3131 - HEATING, VENTILATING AND AIR CONDITIONING
CHAPTER 3133 - PLUMBING
CHAPTER 3135 - GAS PIPING AND APPLIANCES
CHAPTER 3137 - ELECTRICAL WIRING
CHAPTER 3139 - REFRIGERATION
CHAPTER 3141 - ELEVATORS
CHAPTER 3143 - EXTERIOR WALLS AND APPURTENANCES; PARKING GARAGES
CHAPTER 3167 - FLOOD PLAIN MANAGEMENT
CHAPTER 3169 - MANUFACTURED HOMES
PART FOUR: TRAFFIC CODE
PART FIVE: MUNICIPAL UTILITIES AND SERVICES CODE
PART SIX: OFFENSES AND BUSINESS ACTIVITIES CODE
TITLE VIIA: CLEVELAND NEIGHBORHOOD FORM-BASED CODE
CHAPTER 3125 – EXCAVATIONS, SOILS AND FOUNDATIONS
3125.01   Protection of Excavations
3125.02   Access to Adjoining Premises
3125.03   Action in the Event of Failure to Protect
3125.04   Backfilling
3125.05   Modification of Allowable Bearing Values Due to Loosened Bearing Material
3125.06   Depth of Footings
3125.07   Provisions Against Detrimental Vibrations
3125.08   Concrete Footings
3125.09   Combined and Cantilever Footings
   Note: The legislative history of this chapter, except where specifically noted at the end of a section, is as follows: Ordinance No. 1116-A-85, passed February 10, 1986.
Cross-reference:
   Foundation permit fees, CO 3105.25
   Special foundation permit, CO 3105.08
Statutory reference:
   Foundation systems and soils, OAC Ch. 4101:1-18
§ 3125.01 Protection of Excavations
   (a)   General.
      (1)   The person causing any excavation to be made shall prevent the movement of the earth of adjoining properties and the trees and natural objects thereon or therein, and shall be responsible for maintaining or restoring public sidewalks, curbs, pavements and the properties of public utilities which may be affected by the excavation.
      (2)   The maintenance or restoration of public sidewalks, curbs and pavements shall be performed in accordance with the rules and regulations of the Department of Public Service, and the maintenance or restoration of the property of public utilities shall be in accordance with procedure established by the owners thereof.
   (b)   Permanent Excavations.
      (1)   Permanent excavations shall be protected by permanent means where necessary to prevent the movement of the earth of adjoining properties. Such protection shall be provided by the person causing the excavation to be made and shall be on the property and at the expense of the person causing the excavation to be made.
      (2)   When deemed necessary for public safety by the Commissioner for permanent excavations not otherwise protected, such protection shall include the construction of a substantial barricade or fence not less than six (6) feet in height enclosing the excavated area.
   (c)   Grading or Filling. When a lot or plot is graded to a higher or lower finished grade level than the natural grade on an adjacent property, the owner of such lot or plot shall provide suitable retaining wall or walls or other approved protection on his or her own property to protect the adjacent property from caving of earth and as required to maintain the existing natural grade of such adjacent property.
   (d)   Drainage.
      (1)   Whenever the surface of a lot or plot is excavated, filled or graded, positive drainage shall be provided so that a nuisance will not be created. Catch basins or property connected underdrains shall be installed, or other approved provisions made, where water may pocket, to preclude the accumulation of surface water. Surface water shall not be drained onto adjacent properties not in the same ownership without written permission from the owner of the adjacent property, and existing natural ground drainage of the ground area surrounding the lot or plot excavated, filled or graded shall not be impeded.
      (2)   No condition shall be created, nor any existing condition maintained, whereby there will be upon any lot or plot excavations, depressions, pits, holes, gullies, or similar depressions which may accumulate and retain surface water and which may become a public hazard or nuisance. Any such condition shall be promptly abated and protected by filling or by providing positive drainage and, where necessary, by the erection of a barricade or fence.
§ 3125.02 Access to Adjoining Premises
   (a)   If the person causing an excavation to be made is granted requested permission to enter adjoining premises for the purpose of supporting the adjoining property, or for the purpose of supporting or protecting adjoining buildings or other structures, he or she shall provide adequate protection for such adjoining premises, buildings, or other structures against damage resulting from his or her operations. If such permission is not granted, the owner of such adjoining premises, building, or other structure shall be responsible for its maintenance, support, or protection at his or her own expense and, for that purpose, he or she shall be granted permission to enter the premises where the excavation is to be, or is, made.
   (b)   In every case, the person or persons granted the right of entry upon adjacent property shall perform the necessary work as expeditiously as possible and with the least reasonable inconvenience and without injury to the person or persons permitting such entry.
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