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)