10-28-281 Definitions.

   For the purposes of this chapter, the following terms shall be defined as follows:

   (a)   “Apron” shall mean a platform extending from the exterior wall of a building at any level.

   (b)   “Commissioner” shall mean the commissioner of transportation.

   (c)   “Construction canopy” shall mean a temporary structure erected adjacent to a building undergoing construction, demolition, repair or maintenance which is designed to catch construction materials, and which obstructs any public way or public place, but allows for pedestrian traffic to pass under the structure.

   (c-1) “Executive director” shall mean the executive director of emergency management and communications.

   (d)   “Heavy duty construction canopy” shall mean a construction canopy designed to carry a live load of at least 250 pounds per square foot.

   (e)   “Light duty construction canopy” shall mean a construction canopy designed to carry a live load of at least 150 pounds per square foot and up to 250 pounds per square foot.

   (f)   “Public place” shall mean any exterior location open to the public, but shall not include the public way.

   (g)   “Public protection measures” shall mean the installation of a construction canopy or other temporary structure over, or the closure of, the public way or a public place, as necessary to ensure the safety of the public.

   (h)   “Type I activity” shall mean work on a building which involves alteration, repair of exterior facade, work conducted pursuant to the critical examination program, or demolition. This includes, but is not limited to, tuckpointing.

   (i)   “Type II activity” shall mean work which involves the construction of a new building.

   (j)   “Type III activity” shall mean any routine maintenance work on a building within the Central Business District, as defined in Section 9-4-010 , which does not require the removal of any physical structures. This includes, but is not limited to, painting, cleaning and window washing.

(Added Coun. J. 12-4-02, p. 99026, § 7.1; Amend Coun. J. 12-7-05, p. 64870, § 1.9)

 

Notes

9-4-010

The hyper-linked material is not part of the Chicago Building Code infobase and therefore is not included herein.  The material is included in other provisions of the Chicago Municipal Code.  The complete Chicago Municipal Code is available for purchase from American Legal Publishing in both print and Folio® versions.  Please click here for the appropriate American Legal order form in printable Adobe® PDF format.  For additional information, you may visit American Legal's website by clicking here.

10-28-281.1 Public protection measures.

   No person may engage in a Type I, Type II or Type III activity unless public protection measures are taken with respect to the public way or public place beneath or adjacent to the work being performed.

(Added Coun. J. 12-4-02, p. 99026, § 7.1)

10-28-281.2 Permit required.

   (A)   The taking of public protection measures for a Type I, Type II and Type III activity shall require a permit issued by the commissioner subject to the requirements of this section.

   (B)   For an obstruction caused by a construction canopy, the person providing the canopy must apply for and obtain the permit.

   (C)   For an obstruction of a public place for a Type III activity, the building's owner shall provide to the department of transportation a complete schedule of prospective Type III activities for that owner's building for a one-year period. The owner shall be required to submit the schedule no earlier than December 15 and no later than the last business day of each year for the preceding year. The permit for an obstruction of a public place for a Type III activity in a public place shall expire on December 31 in the year for which the permit is issued. For the year 2003, the owner shall submit the schedule no later than March 1, 2003.

   (D)   An application for a permit issued pursuant to this section shall contain: (1) the name of the applicant; (2) the name, address and telephone number of the owner of the building requiring the obstruction and, if applicable, the provider of the construction canopy; (3) the location of the proposed obstruction; (4) the purpose of the obstruction; (5) whether the obstruction is (a) for the alteration, maintenance or repair of a building's exterior facade; (b) for exterior work conducted pursuant to the City's critical examination program, Sections 13-196-033 through 13-196-037, inclusive; (c) for demolition; (d) for new construction; or (e) for any other type of construction or maintenance; (6) the proposed commencement date and the estimated duration of the obstruction; and (7) evidence of a commercial general liability insurance, issued by an insurer authorized to insure in Illinois, in an amount not less than $1,000,000.00 per occurrence, for bodily injury, personal injury and property damage arising in any way from the permit or activities conducted pursuant to the permit. The insurance policy required under this subsection shall name the City of Chicago as additional insured on a primary, noncontributory basis for any liability arising directly or indirectly from the permittee's operations. The applicant shall maintain the insurance required under this subsection in full force and effect throughout the duration of the permit period.

   (E)   All information in the permit application must be kept current. The permittee must notify the commissioner of any changes within five business days, and any appropriate additional fees shall be assessed. If a permittee wishes to conduct work different from that listed on the permit application, or wishes to change the location of the obstructed area, the permittee must file an amended application for a permit. The permittee must then pay any applicable additional fees based on the amendments to the permit.

   (F)   Any permit issued pursuant to the terms of this section may be revoked by the commissioner at any time for violation of the terms of the permit.

   (G)   The commissioner may delay issuance of a permit in order to prevent interference with other work in progress on the public way, a parade, or special events, for which necessary permits have already been issued.

   (H)   Nothing in this section shall require a permit for a dumpster, as defined in Section 10-28-799(A) of the Code, that is validly permitted pursuant to Section 10-28-799.

   (I)   Any structure authorized by this section to be on or over the public way shall not require the issuance of a public way use permit pursuant to Section 10-28-010.

(Added Coun. J. 12-4-02, p. 99026, § 7.1; Amend Coun. J. 12-7-05, p. 64870, § 1.9; Amend Coun. J. 11-19-08, p. 47220, Art. IX, § 1; Amend Coun. J. 1-13-10, p. 83228, § 1; Amend Coun. J. 10-28-15, p. 11951, Art. VI, § 35; Amend Coun. J. 11-16-16, p. 37901, Art. II, § 35)

10-28-281.3 Permit fees.

   (A)   Obstruction of a public place. For an obstruction of a public place for a Type III activity, the permittee shall pay a yearly fee of $100.00. For an obstruction of a public place for a Type I and a Type II activity, the fee shall be $50.00 per permit.

   (B)   Obstruction of public way – initial permit fees. For an obstruction of the public way within the Central Business District, for the first 180 days for a Type I and Type III activity and for the first 540 days for a Type II activity, the permit fees per month for each foot of frontage obstructed shall be as follows:

Initial Permit Fees:

Type of obstruction	Permit fee
Sidewalk or parkway - partial closure	$4.00, but in no event less than $80.00 per month
Sidewalk or parkway - total closure	$8.00, but in no event less than $160.00 per month
Bicycle lane - total closure	$8.00, but in no event less than $160.00 per month
Street lane containing parking spaces	$20.00, but in no event less than $400.00 per month
Street lane normally used for vehicular traffic, including a bus lane	$40.00, but in no event less than $800.00 per month
Alley - if a lane of at least 10 feet is left unobstructed	$10.00, but in no event less than $200.00 per month
Alley - if a lane of at least 10 feet is not left unobstructed	$20.00, but in no event less than $400.00 per month

 

   (C)   Type I and Type III activity fees – after first 180 days. In the event that the permittee seeks to continue its permitted status for a Type I or Type III activity after 180 days, the fees for each month of each foot of frontage used shall be as follows:

Type I and Type III activity fees - after 180 days:

Type of obstruction	181 – 360 days after the initial permit date	361 – 540 days after the initial permit date	More than 541 days after the initial permit date
Sidewalk or parkway - partial closure	$8.00, but in no event less than $160.00 per month	$12.00, but in no event less than $240.00 per month	$16.00, but in no event less than $320.00 per month
Sidewalk or parkway - total closure	$16.00, but in no event less than $320.00 per month	$24.00, but in no event less than $480.00 per month	$32.00, but in no event less than $640.00 per month
Bicycle lane - total closure	$16.00, but in no event less than $320.00 per month	$24.00, but in no event less than $480.00 per month	$32.00, but in no event less than $640.00 per month
Street lane containing parking spaces	$40.00, but in no event less than $800.00 per month	$60.00, but in no event less than $1200.00 per month	$80.00, but in no event less than $1600.00 per month
Street lane normally used for vehicular traffic, including a bus lane	$80.00, but in no event less than $1600.00 per month	$120.00, but in no event less than $2400.00 per month	$160.00, but in no event less than $3200.00 per month
Alley - if a lane of at least 10 feet is left unobstructed	$20.00, but in no event less than $400.00 per month	$30.00, but in no event less than $600.00 per month	$40.00, but in no event less than $800.00 per month
Alley - if a lane of at least 10 feet is not left unobstructed	$40.00, but in no event less than $800.00 per month	$60.00, but in no event less than $1200.00 per month	$80.00, but in no event less than $1600.00 per month

 

   (D)   Type II activity fees – after first 540 days. In the event the permittee seeks to continue its permitted status for a Type II activity after 540 days, the fees for each month of each foot of frontage used shall be as follows:

Type II activity fees - after 540 days:

Type of obstruction	After 540 days
Sidewalk or parkway - partial closure	$8.00, but in no event less than $160.00 per month
Sidewalk or parkway - total closure	$16.00, but in no event less than $320.00 per month
Bicycle lane - total closure	$16.00, but in no event less than $320.00 per month
Street lane containing parking spaces	$40.00, but in no event less than $800.00 per month
Street lane normally used for vehicular traffic, including a bus lane	$80.00, but in no event less than $1600.00 per month
Alley - if a lane of at least 10 feet is left unobstructed	$20.00, but in no event less than $400.00 per month
Alley - if a lane of at least 10 feet is not left unobstructed	$40.00, but in no event less than $800.00 per month

 

   (E)   The use of a construction canopy which obstructs the public way, but allows for pedestrians to pass under the structure, shall be considered a partial closure for the calculation of the above permit fees.

   (F)   The charges described in this section shall be cumulative by type of obstruction, and any period over three days shall be counted as a full month in calculating these charges. These charges are in addition to any appropriate charges for restoration of the public way due to alteration or damage, loss of parking meter revenues, for costs of relocation of parking meters, and for costs of relocation of traffic control devices.

   (G)   For an obstruction of the public way outside the Central Business District and for an obstruction estimated to last no longer than three days, the permit fees shall be one-half of the amounts in subsections (B), (C) and (D).

   (H)   Duration of an obstruction shall be calculated from the original date of the obstruction to its removal, regardless of the number of amended permit periods; however, if a permit is issued for a construction canopy for the purposes of demolition (a Type I activity) and the construction canopy remains in place during subsequent new construction (a Type II activity), a new Type II permit is necessary and the duration of the obstruction shall be calculated from the date of the new permit.

   (I)   In addition to any other fee required by this section, a reinspection fee of $100.00 shall be assessed against any person issued a permit under this section whenever the department of transportation conducts a reinspection after an initial inspection to verify compliance with the municipal code or any conditions of the permit issued under this section. A reinspection fee shall also be assessed whenever any scheduled inspection by the department of transportation cannot take place because of the absence of, or other action or inaction, taken by the permittee.

(Added Coun. J. 12-4-02, p. 99026, § 7.1; Amend Coun. J. 11-19-08, p. 48243, Art. I, § 1)