Section 321.13. Excavations adjacent to adjoining property.

 

(1)   Notice. Any person making or causing an excavation which may affect the lateral soil support of adjoining property or buildings shall provide at least 30 days written notice to all owners of adjoining buildings of the intention to excavate. The notice shall state that adjoining buildings may require permanent protection.

(a) Exception. The 30-day time limit for written notification may be waived if such waiver is signed by the owner(s) of the adjoining properties.

(2)   Responsibility for underpinning and foundation extensions.

(a) Excavations less than 12 feet in depth. If the excavation is made to a depth of 12 feet or less below grade, the person making or causing the excavation shall not be responsible for any necessary underpinning or extension of the foundations of any adjoining buildings.

(b) Excavations greater than 12 feet in depth. If the excavation is made to a depth in excess of 12 feet below grade, the owner(s) of adjoining buildings shall be responsible for any necessary underpinning or extension of the foundations of their buildings to a depth of 12 feet below grade. The person making or causing the excavation shall be responsible for any underpinning or extension of foundations below the depth of 12 feet below grade.

Cr. Register, November, 1979, No. 287 , eff. 6-1-80.