Section 3303. Demolition
3303.1 to 3303.3 {As in IBC}
3303.4 Filling required.
Except as otherwise specified in this § 3303.4, where a structure has been demolished or removed, the vacant area must be filled with approved material and maintained to the existing grade or otherwise in accordance with City law and seeded.
3303.4.1 Cellar floors.
All basement and cellar floors must be removed or completely broken up before any filling materials are used.
3303.4.2 Exception.
The Building Official may waive the filling requirements of this § 3303.4 for up to 3 months if:
1. the Building Official receives satisfactory evidence that construction of a new building or structure will begin on the site within 3 months of the demolition or removal, and
2. the site is protected with barriers that comply with § 3306.5 {“Barriers”}of this Code.
3303.5 to 3303.7 {As in IBC}
3303.8 Notice to adjoining owners and others.
A permit to demolish a structure may not be issued unless:
1. all notices required by §§ 105.9 {“Special requirements for demolition or moving”} and 3307.1 {“Protection required”} of this Code have been given, and
2. copies of the notices are submitted with the permit application.
3303.9 Demolition contractor’s license.
Except as otherwise specified in this § 3303.9, no person may engage in the demolition of any structure without first obtaining a demolition contractor’s license from the Building Official.
3303.9.1 Prerequisites.
Every contractor applying for a new license or for the renewal of a license must:
1. provide the Building Official with the full name, phone number, address, and (if available) email address of the contractor’s business, and
2. provide the Building Official with a copy of a liability insurance policy that complies with § 3303.10 of this Code.
3303.9.2 Term; fees.
A demolition contractor’s license expires on December 31 of each year. The license may be renewed annually, on or before December 31, on payment of the renewal fee. The license fees are as set by the Building Official with the approval of the Board of Estimates.
3303.9.3 Change of name or address.
A licensee must immediately notify the Building Official of any change in the name, phone number, address, or email address of the licensee’s business.
3303.9.4 Use of license by other.
A licensee may not allow his or her name to be used by another person for the purpose of obtaining permits or for doing any demolition work under the licensee’s license.
3303.9.5 Exception.
The Building Official may waive the requirements of this § 3303.9 if the structure to be demolished is a miscellaneous structure as described in § 312 {“Utility, Miscellaneous Group U”} of this Code.
3303.9.6 Enforcement.
A violation notice is not a prerequisite to the enforcement of this § 3303.9 by any appropriate legal proceeding. Penalties will be assessed in accordance with § 114 {“Violations”} of this Code.
3303.9.7 Debarment on conviction.
Any person convicted of a violation of this § 3303.9 is, in addition to any other penalty that might be imposed:
1. prohibited from performing demolition work without first obtaining a new license, and
2. is ineligible to receive a new license for 1 year.
3303.10 Demolition insurance.
The licensee must have an insurance policy that complies with the minimum requirements of this § 3303.10.
3303.10.1 Coverage.
The policy must provide coverage for all operations for which a permit might be sought. The minimum coverage requirements are:
1. $500,000 for damages (including damages for care and loss of services) because of bodily injury (including death at any time resulting from bodily injury), per person, per incident,
2. $1,000,000 for damages (including damages for care and loss of services) because of bodily injury (including death at any time resulting from bodily injury) sustained by more than 1 person per incident, and
3. $250,000 for injury to or destruction of property of others per incident.
3303.10.2 Prohibited exclusions.
The policy may not contain:
1. any “collapse hazard” exclusion,
2. any exclusion that would prohibit the contractor from performing the demolition operations in accordance with this Code and the normal procedures of the industry, or
3. any exclusion that would create an undue risk to the City or to the health, safety, and welfare of the general public.
3303.10.3 Cancellation.
The terms of policy must provide either:
1. that the policy may not be canceled during the duration of the operations to be performed, or
2. that the Building Official will be notified in writing, at least 15 days before the policy is canceled.
3303.11 to 3303.12 {Reserved}
3303.13 Demolition permits.
Each application for a demolition permit must:
1. comply with § 105 {“Permits”} of this Code,
2. except as provided in § 3303.13.1, be accompanied by a certificate of insurance that evidences compliance with § 3303.10, and
3. be accompanied by an affidavit to the Building Official that all contracts and other arrangements complying with this Code have been made.
3303.13.1 Alternative certificate of continuing insurance.
Instead of providing a separate certificate for each permit, a contractor may provide one general certificate of continuing insurance, as long as the certificate evidences:
1. the required coverage for all work to be performed by the contractor, and
2. the insurer’s obligation to notify the Building Official, in writing, at least 15 days before the policy is canceled.
3303.14 to 3303.15 {Reserved}
3303.16 Methods of demolition.
The following methods must be used for the demolition of a structure:
1. The demolition must be performed in approximately the reverse order in which the structure was erected. Where unusual conditions exist, the Building Official may authorize a different method.
2. Structural elements must be carefully dissembled to avoid collapse.
3. Heavy pieces of stone or other heavy and bulky materials or equipment must be carefully handled in accordance with this Code.
4. Demotion must be halted when winds exceed 20 mph.
5. Wetting is prohibited during periods of prolonged freezing temperatures.
3303.17 Use of explosives.
The use of explosives is generally prohibited. Explosives for demolition by implosion may be used by special permit from the Building Official.
3303.18 Partial Demolition.
Building elements that become exposed as result of a partial demolition must be properly finished, braced, or otherwise made safe.
3303.19 to 3303.20 {Reserved}
3303.21 Removal of debris.
The requirements of this section are in addition to those of § 3302.2 {“Waste and debris”}.
3303.21.1 General requirements.
Debris on upper floors must be lowered to ground level:
1. in receptacles, by elevators or hoists, or
2. in tight and completely enclosed chutes.
3303.21.2 Chute requirements.
No chute used for this purpose may extend in an unbroken line that is more than 25 feet (7.62 m) without suitable barriers to prevent debris from falling too fast. Each chute must be equipped with a proper gate or stop at the bottom to control the flow of materials from the chute.
3303.22 {Reserved}
3303.23 Disposition of recyclable debris.
Whenever recyclable debris to be cleared from a site exceeds 5 tons, at least 30% of that recyclable debris must be immediately transported to a licensed recycling facility.
3303.23.1 “Recyclable debris” defined.
In this section, “recyclable debris” means materials that:
1. if not recycled, would become solid waste for disposal in a solid waste acceptance facility, and
2. may be collected, separated, or processed and returned to the marketplace in the form of raw materials or products.
3303.24 to 3303.25 {Reserved}
3303.26 Correction of injurious conditions.
This section applies to any demolition contractor who:
1. performs any demolition work that creates a condition that violates this Code or a condition that might be injurious to the general public or adjourning to adjoining properties, and
2. refuses or fails to correct the condition in the manner and time required by this Code.
3303.26.1 Correction by Building Official.
If the contractor refuses or fails to correct the condition or if an emergency occurs as a result of the condition, the Building Official may correct the condition or perform any other operations necessary to bring the demolition operations into compliance with this Code. All work the Building Official performs under this section is at the expense of the contractor.
3303.26.2 Contractor not relieved of responsibility.
The Building Official’s performance of any work under this section does not relieve the contractor from responsibility for all work performed by the contractor. Any remedies or penalties provided in this section are in addition to any other remedies or penalties provided by law.
3303.27 Limits of liability.
The liability of any contractor for materials furnished or work done under this Code and the liability of the contractor’s surety does not extend to defects in materials or workmanship discovered more than 12 months after the completion of the work. The contractor and surety are responsible to the City to correct all defects discovered during this 12-month period and about which they were notified in writing.
3303.28 Owner’s responsibility.
Notwithstanding the limited liabilities of the contractor and the surety, the owner of the property is responsible at all times to the City to correct any defects in the operations performed on his or her property.
3303.29 Penalty for violation.
On a contractor’s refusal or failure to correct any violation, the contractor’s license and all outstanding work permits are automatically suspended. The suspension continues until the violation is corrected.
