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D.C. Municipal Regulations (Last Updated: September 13, 2017) |
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Title 12. CONSTRUCTION CODES SUPPLEMENT OF 2013 |
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SubTilte 12-A. BUILDING CODE SUPPLEMENT OF 2013 |
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Chapter 12-A33. SAFEGUARDS DURING CONSTRUCTION |
Section 12-A3307. PROTECTION OF ADJOINING PROPERTY
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Strike Section 3307 of the International Building Code in its entirety and insert new Section 3307 in its place in the Building Code to read as follows:
3307.1 Protection required. Adjoining public and private property shall be protected from damage during construction, alteration, repair, demolition or raze of a premises at the expense of the person causing the work. Protection must be provided for lots, and for all elements of a building or other structure, including, but not limited to, footings, foundations, party walls, chimneys, skylights, and roofs. Provisions shall be made to control water runoff and erosion during construction or demolition or raze activities.
3307.2 Notification. Without limiting the protection requirement specified in Section 3307.1, where an owner (or the owner’s authorized agent) seeks to undertake work on its premises that involves (a) the need to install structural support of an adjoining building or structure, including underpinning or (b) the need to support an adjacent premises (not including a public way), where excavation is to take place on the owner’s premises, the owner seeking to undertake the work shall provide written notice to the owners of adjoining premises in accordance with this Section 3307.2.1 advising each owner of an adjacent premises of the proposed work and the need for specific measures to be undertaken to protect the adjoining premises, and, if applicable, requesting access to the adjoining premises to install structural support or to provide support for the excavation on the requesting owner’s premises.
3307.2.1 Form of notification. The owner undertaking the work shall notify the owner of the adjoining premises by personal delivery, courier or express mail service, with a copy to the code official not less than 30 days prior to permit issuance. This notification shall include a copy of all construction documents which relate to the structural support of the adjoining building or other structure or to the structural support of the excavation, including any updates or amendments to the work plan that have been submitted with the permit application(s). The home or business address of the owner of the adjoining premises shall be determined by the District’s real property tax records.
3307.2.2 Objections by owner of adjoining premises. The owner of adjoining premises shall have 30 days from the date that a notification complying with Section 3307.2.1 is delivered to object in writing to the owner seeking to undertake the work on the grounds that the proposed work plan will not protect the adjoining premises. The objection shall include technical support for the objecting owner’s conclusions that the proposed work plan will not protect the adjoining premises. A copy of the objection of the owner of the adjoining premises, with supporting technical documentation, shall be provided to the code official by the owner seeking to undertake the work. The code official is authorized, but not required, to grant a reasonable extension of time to the owner receiving a notification under Section 3307.2, if necessary to complete the evaluation of the proposed work plan.
3307.2.2.1 Access to premises. Within the same 30-day period, the owner of adjoining premises shall indicate whether or not access to the adjoining premises is authorized, if such access is requested, and the conditions, if any, of such access.
3307.2.2.2 Resolution of objections. In situations where the owner of an adjoining premises objects pursuant to Section 3307.2.2, prior to permit issuance, the owner seeking to undertake the work shall elect:
1. To modify the proposed work plan to incorporate any specific protective measures requested by the owner of the adjoining premises and amend the permit application(s) as necessary to update the work plan; or
2. To request a determination by the code official whether the specific measures requested by the owner of the adjoining premises are reasonably practicable and supported by technical documentation.
If option two is elected, following the code official’s determination, the owner seeking to undertake the work shall modify the proposed work plan, and amend the affected permit application(s) as necessary (a) to incorporate any specific measures deemed necessary by the code official to protect the adjoining premises; or (b) to forego any proposed work that involves the need for structural support of the adjoining building or structure or support of the adjacent premises.
3307.2.3 Access to adjoining property. If the protective work required pursuant to Section 3307.1 requires access to an adjoining property, the person causing the work shall obtain written permission from the owner of the adjoining premises to gain such access in accordance with this section, pursuant to the notification procedures set forth in this Section 3307.2.
3307.2.3.1 Failure to grant access. If the owner of the adjoining premises fails to grant written permission (conditional or unconditional) for entry after appropriate notice in compliance with Section 3307.2, then any protective work requiring access to the adjoining premises shall be the responsibility of the owner of the adjoining premises, and shall execute such measures to make safe the premises without delay so as not to impede or materially delay the original construction, subject to the provisions of Sections 3307.2.3.3 and 3307.2.3.4. The owner of the adjoining premises.
3307.2.3.2 Failure to respond. If the owner of the adjoining premises does not respond within the 30 day period set forth in Section 3307.2.2, then the owner of the adjoining premises shall be deemed to have elected to make safe his, her or its premises, and shall execute such measures to make safe the premises without delay so as not to impede or materially delay the original construction, subject to the provisions of Sections 3307.2.3.3 and 3307.2.3.4.
3307.2.3.3 Limited access authorized. Where the owner of the adjoining premises fails to grant access or to respond, as provided in Sections 3307.2.3.1 and 3307.2.3.2, said owner shall be deemed to have authorized limited access to his, her or its premises in the following circumstances.
- Where a wall or foundation located on a party line or on the premises requires underpinning as a result of the proposed work;
- Where the underpinning can be provided by the owner undertaking the work from said owner’s premises, even if the footing extends onto the adjoining owner’s property; and
- Where extension of the footing is required to stabilize and support the adjoining owner’s building, and to avoid unreasonable delay in excavation and development of the permitted project.
3307.2.3.4 Access to construction site. Where the owner of adjoining premises is responsible for protective work, as a result of a failure to grant access or to respond, under Sections 3307.2.3.1 or 3307.2.3.2, and the protective work requires access to the site of the construction, excavation, alteration, repair, demolition or raze on the adjoining premises (the “Construction Site”), the owner of the adjoining premises shall obtain written permission to enter the Construction Site and to undertake such work as may be required to protect the adjoining owner’s property subject to reasonable conditions that may be imposed by the owner of the adjoining Construction Site.
3307.3 Underpinning party walls. Notwithstanding other provisions of this Section 3307, proper underpinning of existing adjoining or party walls which require underpinning shall be provided in accordance with applicable sections of this code.
3307.3.1 Party walls. In case of party walls erected in the original city of Washington (Squares 1–1170), or party walls erected with written consent of the adjoining owners, or both, the person causing the work that will impact the use or stability or structural support of the party wall shall notify the adjoining property owner, with a copy to the code official, not less than 30 days prior to the proposed starting date. This notification shall include a copy of all documents filed for necessary permits, including any updates or amendments to the proposed work plan that relate to the use or structural support of the party wall. The person causing such work need not obtain the written permission from the adjacent property owner to provide underpinning for the adjoining structure.
3307.4 Party wall maintenance. Where construction work occurs that could affect the structural integrity of a party wall, the person causing the work shall preserve the party wall from injury and ensure the structural stability of the party wall at said person’s own expense. The party wall shall be maintained weatherproof and structurally stable.
3307.4.1 Temporary protection. If the party wall is to remain exposed for 60 days or less, the exposed portions of the wall shall be protected from weather damage by tarpaulins, waterproof paper, or other temporary means approved for use by the code official. Such temporary protection shall be maintained in a weatherproof condition.
3307.4.2 Intermediate protection. If the party wall is to remain exposed for more than 60 days, but less than 18 months, the exposed wall shall be restored and weatherproofed in accordance with the requirements for the particular type of construction involved. All plaster and other material not commonly used for exterior construction shall be removed; all holes shall be properly filled; and masonry party walls shall be repointed.
3307.4.3 Permanent protection. If the party wall is to remain exposed for 18 months or longer, the party walls shall be permanently restored and weatherproofed in accordance with the requirements for the particular type of construction involved. Party walls shall be faced with material commonly used for exterior finish, or restored as closely as practicable with the facing material and construction of the other exterior walls of the building left standing, and shall be painted or otherwise finished in a manner similar to other parts of the building.
3307.4.4 Party wall beam holes. Where a structure involving a party wall is being demolished, the owner of the demolished or razed structure shall, at his or her own expense, bend over all wall anchors at the beam ends of the standing wall and shall brick up all open beam holes and otherwise maintain the safety and usefulness of the wall.
3307.5 Unsafe party walls. If any party wall or portion thereof which is left standing and exposed after a building is demolished or razed is deemed unsafe or dangerous by the code official, then the owner of the building that is being demolished or razed shall either remove and reconstruct, or anchor, brace, or buttress all of those portions of the party wall deemed unsafe or dangerous, and shall do all other work necessary to enclose properly the building or structure left standing.
3307.6 Chimneys, soil stacks, vent stacks, and windows. Wherever a new building or structure is erected to greater or lesser heights than an adjoining building, the construction and extension of new or existing chimneys, soil stacks, vent stacks, and the location of window openings shall comply with applicable sections of this code.
3307.7 Adjoining roofs and flashing. Without excluding other repairs or protective measures that may be required pursuant to Section 3307, the owner undertaking the work shall repair and restore all flashing on any adjoining building or structure which has been broken or damaged during any construction, demolition or raze operations, and the owner of the adjoining premises shall be deemed to have authorized temporary access to his, her or its property to effectuate repairs to the extent that repairs are required under this section. The owner effecting the repairs shall also install such new flashing as may be required to protect any joints exposed by such owner’s operations. Where a new building is being constructed, or a demolition or raze of an existing building is being conducted, at a greater height, the roof, roof outlets and roof structures of adjoining buildings or other structures shall be protected against damage with adequate safeguards by the person doing the work.