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.
Statutory reference:
Foundation systems and soils, OAC Ch. 4101:1-18
Foundation systems and soils, OAC Ch. 4101:1-18
(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.
(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.
If the person whose duty it is under the provisions of this chapter and OBBC to make safe an excavation, to prevent movement of adjoining earth, or to maintain, support, or protect adjoining buildings or other structures shall neglect or fail to do so, the Commissioner shall notify such person, in writing, of his or her duties under the provisions of OBBC and this Building Code. If such person fails to perform the duty required by OBBC and this Building Code within such reasonable time after receipt of such notice as may be allowed by the Commissioner, the Commissioner may cause or order such work to be done as he or she may deem necessary to make safe such excavation, property, building or other structure, as provided under Section 3103.09.
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