13-124-335 Openings in guards.

   Open guards shall have balusters or ornamental patterns such that a four-inch-diameter sphere cannot pass through any opening up to a height of 34 inches. From a height of 34 inches to 42 inches above the adjacent walking surfaces, a sphere eight inches in diameter shall not pass.

   Exceptions:

      1.   The triangular openings formed by the riser, tread and bottom rail at the open side of a stairway shall be of a maximum size such that a sphere of six inches in diameter cannot pass through the opening.

      2.   At elevated walking surfaces for access to and use of electrical, mechanical or plumbing systems or equipment, guards shall have balusters or be of solid materials such that a sphere with a diameter of 21 inches cannot pass through any opening.

      3.   In Class G, H-1, H-2 and I occupancies and in Residential Restrained Care Facilities in Class B occupancies, balusters, horizontal intermediate rails or other construction shall not permit a sphere with a diameter of 21 inches to pass through any opening.

      4.   In assembly seating areas, guards at the end of aisles where they terminate at a fascia of boxes, balconies and galleries shall have balusters or ornamental patterns such that a four-inch-diameter sphere cannot pass through any opening up to a height of 26 inches above the adjacent walking surfaces. From a height of 26 inches to 42 inches above the adjacent walking surfaces, a sphere eight inches in diameter shall not pass.

(Added Coun. J. 10-1-03, p. 9163, § 4.10; Amend Coun. J. 4-19-17, p. 48139, § 1)

13-124-340 Window cleaning devices.

   Every window above the first story of any building other than Residential Units three stories or less in height shall be equipped with approved anchoring devices for window washers' safety harness attachments, except as follows:

   (a)   When a window is so constructed that it may be cleaned on both sides from the inside;

   (b)   When a window is so located that it may be cleaned from an outside floor, roof or balcony.

(Prior code § 75-2)

13-124-350 Safety glazing materials – Required – Where.

   All glazed doors, and any glazed panel more than 18 inches in width immediately adjacent to any door wherein the sill of such glazed panel is less than 24 inches above the floor shall be considered “hazardous locations” and shall be glazed with safety glazing materials. Glazed doors shall include, among others, the following: sliding glass doors, storm doors, shower doors and bathtub enclosures.

(Prior code § 75-3)

13-124-360 Safety glazing materials – Defined.

   Safety glazing materials are materials so constructed, treated or combined with other materials as to minimize the likelihood of accidental cutting and piercing injuries resulting from human contact and breakage of the glazing material. They shall not support combustion and may be either transparent or nontransparent.

(Prior code § 75-4)

13-124-370 Safety glazing materials – Standards.

   Wired glass, tempered glass, laminated glass and rigid plastics, which meet the test requirements of the American National Standards Institute (ANSI) Standard ANSI-Z-97, 1-1966 are classified as safety glazing materials.

(Prior code § 75-5)

ARTICLE III. EXCAVATION WORK ON PRIVATE PROPERTY (13-124-380 et seq.)

13-124-380 Declaration of policy.

   Notwithstanding any provision of state law to the contrary, the owner of property on which excavation work is to be performed, and the person actually performing the work, shall protect the adjacent and subjacent support of the adjoining public way and structures located on the property of another and within five feet of any portion of the excavating work, in accordance with this chapter.

(Added Coun. J. 12-15-99, p. 21407, § 1; Amend Coun. J. 7-25-01, p. 64897, § 4)

13-124-390 Notice.

   At least 30 days prior to beginning the excavation work, the owner of the property where the work is to be done shall notify the owners of adjacent properties and alderman of the ward in which the proposed excavation work is to be located of the anticipated starting date and three-dimensional measurement of the excavation work. The notice shall be in writing, and shall be delivered by certified mail, return receipt requested, or by personal delivery to the person entitled to receive the notice, accompanied by a receipt for delivery. When the notice is served by personal delivery, the owner of the property shall submit to the department of buildings a signed affidavit stating the date and time of the delivery and an explanation of how the notice was served. The receipt, affidavit and a copy of the notice shall be available for inspection at the excavation site.

(Added Coun. J. 12-15-99, p. 21407, § 1; Amend Coun. J. 9-14-05, p. 55258, § 1; Amend Coun. J. 11-8-12, p. 38872, § 230)

13-124-400 Bracing of certain structures required.

   (a)   If any portion of the excavation will be within five feet of any portion of a structure on the property of another, the owner of the property to be excavated or the person performing the excavation work shall reinforce or brace the neighboring structure in order to prevent sagging, settling, cracking or collapse of its foundation and walls. The owner of the property to be excavated shall be responsible for the cost of the reinforcement or bracing. The reinforcement or bracing shall be done in a manner consistent with the provisions of the building code and prescribed by the building commissioner in rules. The building commissioner shall give consideration to the nature of surrounding soil, the depth of excavation, the size of the affected structure and other factors that may be relevant to the appropriate reinforcement or bracing.

   (b)   If any portion of the excavation will be within five feet of any portion of the public way, the owner of the property to be excavated or the person performing the excavation work shall reinforce or brace that portion of the public way in order to prevent sagging, settling, cracking or collapse. The owner of the property to be excavated shall be responsible for the cost of the reinforcement or bracing.

(Added Coun. J. 12-15-99, p. 21407, § 1; Amend Coun. J. 3-5-03, p. 104990, § 28; Amend Coun. J. 11-13-07, p. 14999, Art. II, § 1)

13-124-410 Liability for violation.

   The owner of the property where excavation takes place and the person performing the work shall be jointly and severally liable for any damage, death or injury caused by sagging, settling, cracking or collapse of the public way or of the foundation or walls of a structure located within five feet of the excavation, due to absent or insufficient reinforcement or bracing, or due to any other act or omission in the performance of the excavation. For purposes of this section, “damage” includes incidental costs such as salvage, relocation and temporary housing of occupants of damaged properties, as well as costs incurred by the city in responding to any sagging, settling, cracking or collapse so caused.

(Added Coun. J. 12-15-99, p. 21407, § 1; Amend Coun. J. 7-25-01, p. 64897, § 5)

13-124-411 Fencing of certain excavations.

   No person shall undertake, continue or maintain any excavation within five feet of any walkway on public or private property without fencing the excavation site. Fencing shall be no less than four feet in height and adequately supported to prevent it from collapsing due to wind. No person shall remove or open a required fence except to allow necessary delivery and removal of materials, tools and equipment or passage of workers, inspectors or other persons whose presence is required at the site.

(Added Coun. J. 7-25-01, p. 64897, § 6)

13-124-420 Insurance required.

   No person shall begin or conduct any excavation within five feet of the public way, or within five feet of any portion of a structure located on the property of another, without maintaining in effect a commercial general liability insurance policy against all claims for damage, death and injury arising from the excavation. The policy shall be in an amount determined by the building commissioner, based on the size of the excavation and the proximity, construction and occupancy of structures on adjacent property. In no event shall the amount be less than $1,000,000.00 per occurrence for bodily injury, personal injury and property damage and the policy shall provide for 30 days' advance notice to the City of Chicago prior to cancellation or lapse of the policy. Proof of the required insurance shall be submitted as part of the application for the permit for the excavation and shall remain in full force and effect throughout the duration of the permit period.

(Added Coun. J. 12-15-99, p. 21407, § 1; Amend Coun. J. 7-25-01, p. 64897, § 7; Amend Coun. J. 3-5-03, p. 104990, § 28; Amend Coun. J. 11-13-07, p. 14999, Art. II, § 1; Amend Coun. J. 11-16-16, p. 37901, Art. II, § 47)