10-28-280 Awnings construction – Maintenance.

   All awnings requiring a permit pursuant to Section 10-28-010 shall have a minimum clearance of six feet, six inches at the lowest part thereof above the surface of the sidewalk. Supporting framework shall not be less than seven feet, six inches from the sidewalk to the lowest part thereof when lowered for use. All structural parts of awnings shall be maintained in good and safe condition as is required by the building commissioner, the department of transportation and the department of business affairs and consumer protection, and if not so maintained the permit may be revoked by the building commissioner.

(Prior code § 34-20.2; Amend Coun. J. 9-13-89, p. 4604; Amend Coun. J. 3-5-03, p. 104990, § 12; Amend Coun. J. 12-7-05, p. 64870, § 1.9; Amend Coun. J. 11-13-07, p. 14999, Art. II, § 1; Amend Coun. J. 11-19-08, p. 47220, Art. V, § 5; Amend Coun. J. 1-13-10, p. 83228, § 1)

ARTICLE V-A. OBSTRUCTION OF STREETS, SIDEWALKS AND PUBLIC PLACES FOR CONSTRUCTION AND BUILDING MAINTENANCE PURPOSES (10-28-281 et seq.)

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)

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 exterior wall assessment program (Section 14A-6-603.2); (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; Amend Coun. J. 4-10-19, p. 100029, Art. II, § 96)