13-32-100 Use of subsidewalk space – Authorization required.

   No permit shall issue for the construction, erection, repair or alteration of any building or structure if in one or more walls abutting a public way, window or other openings are placed below the level of such public way, the lighting or ventilation of which will require the use of subsidewalk space, until the applicant therefor has first obtained specific authority for such use as provided in Section 10-28-010.

(Prior code § 43-8.1)

13-32-110 Termination of permits – Extensions.

   If, after a building permit or other required permit shall have been granted, the operations called for by such permit shall not be begun within six months after the date thereof, such permit shall be void and no operations thereunder shall be begun or completed until an extended permit shall be taken out by the owner or his agent, and a fee of 25 percent of the original cost of permit shall be charged for such extended permit; provided, however, that in no case shall a permit be issued or renewed for a fee less than $50.00. An extended permit shall be valid for six months following the date of expiration of the original permit and must be applied for within ten days after the expiration of the original permit. Two extensions only shall be granted and if work is not begun within 18 months after the date of issuance of the original permit, all rights under the permit shall thereupon terminate by limitation. Where, under authority of a permit, or extended permit, work has begun and has been abandoned for a continuous or cumulative period of 12 months, all rights under such permit shall thereupon terminate by limitation.

(Prior code § 43-9; Amend Coun. J. 12-12-07, p. 17167, § 37)

13-32-120 Construction contrary to permit – Stop work order.

   It shall be unlawful for any owner, agent, architect, structural engineer, contractor, or builder engaged in erecting, altering, or repairing any building, structure or portion thereof to make any departure from the drawing or plans, as approved by the building commissioner, of a nature which involves any violation of the provisions of this Code on which the permit has been issued. Any such departure from the approved drawings and plans involving a violation of requirements, shall operate to void the permit which has been issued for such work.

   Where any work done under a permit authorizing erection, alteration, or repair of a building, structure or portion thereof, is being done contrary to the approved drawings and plans, the building commissioner or the president of the board of health shall have power to stop such work at once as provided in Section 13-12-080, and to order all persons engaged thereon to stop and desist from further work, until such time as the building commissioner or the president of the board of health, has received affidavits that the work to be performed will be done in accordance with the approved drawings and plans. Nothing in this paragraph shall be construed to prevent minor changes in arrangement or decoration which do not affect the requirements of any provisions of this Code, except where they affect significant features, as communicated in the report of the commission on Chicago landmarks, of a Chicago landmark designated in accordance with applicable provisions of Chapter 2-120 of this Code.

(Prior code § 43-10; Amend Coun. J. 9-13-89, p. 4604; Amend Coun. J. 7-12-90, p. 18289; Amend Coun. J. 6-14-95, p. 2828)

13-32-125 Construction site cleanliness.

   (1)   As used in this section:

      (a)   “Construction and demolition debris” or “debris” has the meaning ascribed to the former term in Section 11-4-120 of this Code.

      (b)   “Construction site” means any or all portion of the real property that is identified as the location of any excavation or of the erection, enlargement, alteration, repair, removal or demolition of any building, structure or structural part thereof within the city and that requires a permit under Chapter 13-32 of this Code. However, for purposes of this section, “construction site” does not include a project location where all construction and/or demolition activity, including the staging of construction materials and storing of debris, is conducted within a completely enclosed structure; nor does it include any project location on any property that is, or hereafter becomes, part of Chicago-O'Hare International Airport or Chicago Midway Airport. During the term of any concession and lease agreement between the City of Chicago and a private operator with respect to Chicago Midway Airport, the words “or Chicago Midway Airport” shall be deleted from this paragraph (1)(b).

      (c)   “Garbage” has the meaning ascribed to the term in Section 11-4-120 of this Code.

      (d)   “General contractor” has the meaning ascribed to the term in Section 4-36-010 of this Code. “General contractor” shall also include a subcontractor with respect to a violation of this section that is directly attributable to the subcontractor.

      (e)   “Litter” has the meaning ascribed to the term in Section 7-28-200 of this Code.

   (2)   All construction sites shall be governed by the following standards:

      (a)   The general contractor shall employ adequate wetting or other abatement measures to prevent the off-site dispersion of dust and debris from a construction site.

      (b)   All construction sites shall be enclosed and secured by a continuous chain link fence at least six feet in height which shall be anchored sufficient to resist wind loads of 30 pounds per square foot without deflection of more than three inches between top and bottom of fence. The general contractor may allow one gate to remain open while construction workers are performing construction activities on the construction site. The gate shall be no larger than is reasonably necessary to provide for truck access.

      (c)   Fabric mesh shall be affixed to the construction site fence face.

         (i)   The fabric mesh shall allow the passage of air but shall contain dust and dirt.

         (ii)   Such mesh fabric shall be the full height of the fence and cover the entire length of the fence including any gated openings.

         (iii)   The fabric mesh and fence shall not contain any advertisements or graffiti.

      (d)   The construction site fence shall be placed at the perimeter of the property or, for work in an area substantially smaller than the entire property, around the site of construction large enough to ensure sufficient room for movement of tools and workers, storage of waste receptacles and other items, and the safety of the public.

      (e)   The general contractor shall immediately repair any damage to the construction site fence or fence fabric and maintain the integrity and continuity of the fence for the duration of the project.

      (f)   All dumpsters and debris collection devices shall be stored behind the construction site fence unless specifically permitted for public way use, and shall be regularly serviced to avoid allowing the contents from extending past the top of the dumpster.

      (g)   All construction and demolition debris shall be removed through dust-tight chutes or by lowering it in buckets or containers, and no debris shall be dropped or thrown from any floor.

      (h)   Construction and demolition debris shall be separated from any garbage, litter or landscape wastes that shall be separately contained.

      (i)   Sealed trash containers for litter and garbage shall be provided throughout the site, with at least one container provided for every floor or 4,000 square feet of area, whichever is fewer. All litter and garbage shall be removed daily or more frequently as needed.

      (j)   Construction materials and construction and demolition debris shall be gathered daily and stored in a neat and orderly manner.

      (k)   The general contractor shall take all necessary steps to ensure that dirt and debris from the construction site shall not be transmitted by vehicles leaving the site to the public way. Mitigation measures shall include, but not be limited to, stoning or paving of haul roads, wheel wash stations and street sweepers.

      (l)   For construction sites that are buildings or structures having four or more floors, the general contractor shall enclose with fabric mesh the floor areas where the general contractor is conducting construction activities, such as erecting, enlarging, altering, repairing, removing or demolishing on that floor.

         (i)   The fabric mesh shall allow the passage of air but shall contain dust and debris on the enclosed floors.

         (ii)   Fabric enclosures shall be adequately secured.

         (iii)   The fabric mesh shall be installed around the entire floor.

         (iv)    The fabric mesh shall not contain any advertisements or graffiti.

      (m)   For tuck pointing operations, the area of grinding shall be enclosed to contain dust and debris from grinding operations.

      (n)   Where materials are stored for use on floors above grade, they shall be secured to prevent loosening due to weather conditions or other phenomena.

   (3)   Any person who violates this section shall be fined in accordance with Section 13-12-040 for each offense. Each day such violation continues shall constitute a separate and distinct offense. Any owner, developer or general contractor who is responsible for any construction site at which operations are conducted in violation of the provisions of this section shall be liable for the penalties provided by this section, and shall be jointly and severally liable for such penalties with any subcontractor to which a violation is directly attributable. The department of buildings, the department of health and the department of streets and sanitation shall each have the power to enforce the provisions of this section.

   (4)   In addition to any other available penalties and remedies provided for in the Code, one or more citations for violation of any of the provisions of subsection (2) above on each of three or more separate days within a three month period at the same construction site may result in a stop work order issued by the department of buildings, the department of health or the department of streets and sanitation, directing that all activity cease for ten days. Any further citation for violation at the same construction site within six months after the initial stop work order may result in the issuance of another 10-day stop work order. The issuing department shall lift a 10-day stop work order only if sufficient evidence of compliance with this chapter is provided to the department.

      (a)   It shall be unlawful for any person to knowingly violate a stop work order, or to knowingly cause, permit, encourage, assist, aid, abet or direct another person to violate a stop work order, or to knowingly in any manner be a party to a violation of a stop work order.

      Any person who violates this subsection upon conviction shall be punished, as follows:

         (i)   incarceration for a term not less than three days, nor more than six months, under the procedures set forth in Section 1-2-1.1 of the Illinois Municipal Code, as amended, and the Illinois Code of Criminal Procedure of 1963, as amended; and

         (ii)   community service of not less than 10 hours, nor more than 100 hours; and

         (iii)   a fine of $5,000.00.

      (b)   It shall be unlawful for any person to knowingly destroy, deface, remove, damage, impair, mar, cover or obstruct any stop work order that a city official has posted or affixed at a work site.

      Any person who violates this subsection upon conviction shall be punished, as follows:

         (i)   incarceration for a term not less than three days, nor more than six months, under the procedures set forth in Section 1-2-1.1 of the Illinois Municipal Code, as amended, and the Illinois Code of Criminal Procedure of 1963, as amended; and

         (ii)   community service of not less than 10 hours, nor more than 100 hours; and

         (iii)   a fine not less than $200.00, nor more than $500.00.

(Added Coun. J. 12-15-04, p. 40435, § 4; Amend Coun. J. 7-27-05, p. 53344, § 1; Amend Coun. J. 6-13-07, p. 3290, § 1; Amend Coun. J. 10-8-08, p. 41099, § 11; Amend Coun. J. 11-16-11, p. 13798, Art. II, § 6; Amend Coun. J. 11-21-17, p. 61858, Art. VIII, § 12)

13-32-130 Operations without permit – Stop work order.

   No person or entity shall begin any work for which a building permit is required or any work of excavation in preparation therefor until the permit has been issued. If any person or entity violates this section, the building commissioner shall order the work stopped at once as provided in Section 13-12-080 and enforce the stop order in addition to the penalties for the violation provided in Sections 13-12-050 and 13-32-035.

(Prior code § 43-11; Amend Coun. J. 9-13-89, p. 4604; Amend Coun. J. 7-31-90, p. 19353)