Section 1804. Excavation, Grading, and Fill

1804.1 Excavation near foundations. {As in IBC}

1804.2 Underpinning foundation walls.

1804.2.1 General.

Any permit application for underpinning foundation walls must include the following:

1. structural drawings that:

a. indicate the exact sequence of operation, and

b. are signed and sealed by an architect or engineer licensed to practice in this State,

2. a statement of responsibility from the architect or engineer of record that the architect or engineer agrees:

a. to schedule and attend, before an underpinning permit can be issued, an in-office meeting with the Building Official's plans examining office, at which meeting the architect or engineer and the contractor must be present and review requirements with staff,

b. to complete, sign, and return to the plans examining office the office's inspections and safeguards checklist,

c. to coordinate and schedule a pre-inspection on-site meeting before any underpinning work starts,

d. to ensure that the work will conform to the structural drawings and all applicable codes,

e. to periodically inspect the work,

f. to immediately report to the Building Official any construction problems or irregularities,

g. to provide inspection reports with work activity photographs to the city inspector, and

h. within 10 days after the work is completed, to submit a certification of completion, and

3. if the underpinning is to be done on a party wall, evidence that the notice required by § 1804.2.2 was given.

1804.2.2 Party walls.

If the underpinning is to be done on a party wall, the applicant must give written notice of the proposed underpinning to the owners of all adjoining properties, with a copy to the Building Official. This notice must be given at least 10 days before an application for the underpinning permit is filed.

1804.2.2.1 Contents of notice.

The written notice must:

1. indicate the intent to underpin the structure,

2. specify:

a. the earliest date (to be at least 10 days after the notice is served) when the underpinning permit is expected to be filed, and

b. the earliest date when the work is expected to begin,

3. identify the contractor scheduled to perform the underpinning and the contractor's emergency contact information, including cell phone number and email address,

4. identify the architect or engineer who signed and sealed the plans and will certify the underpinning,

5. include a copy of all documents that are relevant to the adjoining property and are to be filed for the permit, and

6. include the following statement:

"The Baltimore City Building, Fire, and Related Codes provides that any person aggrieved by a permit issued by the Building Official may apply for a review of that decision. If you would like to challenge the issuance of this underpinning permit, your request must:

(1) be in writing;

(2) be made before or within 10 days after issuance of the permit;

(3) set forth in full the reasons for review; and

(4) either be:

(i) mailed by certified or registered mail, return receipt requested, to the Deputy Commissioner of Permits and Code Enforcement at 417 E. Fayette Street, 3rd Floor, Baltimore, Maryland, 21202; or

(ii) delivered to that Deputy Commissioner's office and stamped received by the office."

1804.2.2.2 Service of notice.

The notice must be:

1. personally served on the owner of the adjoining property, or

2. sent both by certified or registered mail, return receipt requested, and by first class mail to the owner at:

a. the adjoining property's mailing address, and

b. if different, the owner's mailing address recorded in the property's tax records.

1804.3 to 1804.4 {As in IBC}

1804.5 Grading and fill in flood hazard areas.

In flood hazard areas, grading or fill may not be approved unless it meets the requirements of the Floodplain Management Code.

1804.6 to 1804.7 {As in IBC}