D.C. Mun. Regs. tit. 12, r. 12-A3307
Strike Section 3307 of the International Building Code in its entirety and insert new Section 3307 in the Building Code in its place to read as follows:
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, vents, skylights, porches, decks, roofs, roof outlets, roof structures and flashing. Provisions shall be made to control water runoff and erosion during construction or demolition or raze activities. This section shall also apply where (1) the work will cause operable chimneys or vents on adjoining premises to become non-compliant with the Chimney Provisions (as defined in Section 3307.1.1) or (2) the work will cause the live load of the roof of an adjoining or adjacent premises to exceed the design capacity as a result of the increased snow drift load.
Definitions. For purposes of Section 3307, the following terms shall have the meaning stated:
PROTECTIVE WORK. Work required by Section 3307.1.
ORIGINAL WORK SITE. The premises or portion thereof where the work causing the required Protective Work is performed.
PROTECTIVE WORK REQUIRING ACCESS. Protective Work that requires access to adjoining or adjacent premises to be completed.
PARTY WALL. A wall that straddles, or is in close proximity to, a lot line, which is used for structural support by two or more adjoining buildings or structures.
CHIMNEY PROVISIONS. Section 2113 (Masonry Chimneys), Chapter 5 of the Fuel Gas Code (Chimneys and Vents), Chapter 8 of the Mechanical Code (Chimneys and Vents), Chapter 10 of the Residential Code (Chimneys and Fireplaces) and Section 903.1 of the Plumbing Code.
Notice requirements for protective work.Persons proposing work on an Original Work Site that requires or potentially requires Protective Work on an adjoining or adjacent premises shall comply with the notice requirements set forth in Section 106.2.18.3 as applicable.
Protective work requiring access. In situations involving Protective Work Requiring Access, the person requiring access to the adjoining or adjacent premises for the purpose of performing Protective Work, or determining whether Protective Work is required, shall be responsible for obtaining a legal right of access from the owner of the adjoining or adjacent premises, as applicable, or a court order authorizing such access in accordance with the requirements of Section 106.2.18.4.
Exceptions:
Where responsibility for protective work requiring access shifts to owner of adjoining premises. Where the owner of the premises adjoining a Original Work Site (or adjacent to the Original Work Site in the case of snow drift loads) is responsible for Protective Work on the owner's premises, then said owner shall execute such measures to make safe the said owner's premises, and to obtain any necessary permits for the Protective Work from the Department, without delay so as not to impede or materially delay the construction work subject to the permit application that required the Protective Work. Any permit application filed by the owner in these circumstances shall be exempted from the notification requirements in Section 106.2.18.3.
Access to Original Work Site. Where the owner of the premises adjoining or adjacent to the Original Work Site is responsible for Protective Work on the owner's premises, and the Protective Work requires access to the Original Work Site, the owner of the adjoining or adjacent premises, as applicable, shall obtain written permission to gain such access from the owner of the Original Work Site. If the owner of the Original Work Site fails to grant written permission (conditional or unconditional) for entry to the owner of the adjoining or adjacent premises to undertake the Protective Work then any Protective Work requiring access to the Original Work Site shall be the responsibility of the owner of the Original Work Site, who shall execute such measures to make safe the Original Work Site.
Party walls.
Responsibility of person doing construction work. 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, subject to the provisions for Protective Work Requiring Access in Section 3307.1.3.
Underpinning. Proper underpinning of existing party walls which require underpinning shall be provided in accordance with applicable sections of the Construction Codes, including Sections 1705.19 and 1804.2.
Limited access authorized. Where a party wall requires underpinning as a result of the proposed work, a limited right of access to adjoining premises is authorized where the following conditions are met:
Where the conditions set forth in Section 3307.2.2. are met, the person doing the work is not required to obtain a right of access to the adjoining or adjacent premises, as required by Section 3307.1.3.
Demolition or Raze. During a demolition or raze, the person undertaking the work must maintain fire and life safety and structural integrity of the party wall. 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.
Party wall weatherization. The party wall shall be properly maintained and weatherized in accordance with Sections 3307.2.4.1 through 3307.2.4.3 as applicable.
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.
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 hole s shall be properly filled; and masonry party walls shall be repointed.
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.
Chimneys and vents. Whenever a building or structure is erected, altered, or increased in height so that any portion of such building or structure causes any previously constructed chimneys or vents on an adjoining premises to become non-compliant with the Chimney Provisions (as defined in Section 3307.1.1), the owner of such new or altered building or structure shall have the responsibility of altering any such operable chimneys or vents to make them conform with the requirements of the Chimney Provisions, subject to the provisions for Protective Work Requiring Access in Section 3307.1.3. The requirements of Sections 3307.3 and 3307.3.1 shall not dispense with or modify any additional requirements that may be applicable pursuant to federal or local environmental laws or regulations.
Exceptions:
Required alterations. Protective Work required by Section 3307.3 shall be accomplished by one of the following means or a combination thereof:
Approval. The plans and method of alteration shall be subject to the approval of the code official, and any approved work needed to accomplish the alteration shall be authorized pursuant to a permit application submitted by the owner of the existing adjoining premises with the previously constructed chimneys or vents.
Protection of draft. Where a chimney or vent is altered pursuant to Section 3307.4 through the provision of any mechanical equipment or devices necessary to maintain the proper draft in the chimney or vent, the maintenance of such mechanical equipment or devices shall be the responsibility of the owner who is responsible for installing such equipment or devices unless otherwise agreed.
Procedure for chimney or vent alterations. Where the alterations required by Section 3307.4 are the obligation of the owner of the new or altered building or structure, such owner shall be subject to the following requirements:
Roofs, roof outlets, roof structures and flashing. Subject to the provisions for Protective Work Requiring Access in Section 3307.1.3, where a new building or structure is being constructed, or a demolition or raze of an existing building or structure is being conducted, 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.
Flashing repairs. Without excluding other repairs or protective measures that may be required pursuant to Section 3307, and subject to the provisions for Protective Work Requiring Access in Section 3307.1.3, 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. The owner undertaking the repairs shall also install such new flashing as may be required to protect any joints exposed or created by such owner's operations. 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.
Snow loads. Subject to the provisions for Protective Work Requiring Access in Section 3307.1.3, whenever a building or structure is erected, enlarged or increased in height so that any portion of such building or structure extends higher than the top of an adjoining or adjacent existing building or structure, it shall be the responsibility of the owner of the Original Work Site to strengthen the roof of the adjoining or adjacent existing building or structure to support any additional snow drift loads caused by the new work or to provide permanent means of removing the additional snow load such that the existing roof will comply with the snow load requirements in Section 1603.1.3 or Section R301.2.3 of the Residential Code as applicable.
D.C. Mun. Regs. tit. 12, r. 12-A3307