(a) Tenancy. All occupancy of public property, involving private building operations, shall be considered as a tenancy at the will of the City, and shall entail special permission from and shall be revocable by the Director of Public Service and Safety without cause.
(b) Compliance. Building permits shall not carry the right to occupy public property for the conduct of building operations as hereinafter prescribed except by special permit issued by the Director of Public Service and Safety. Such occupancy shall terminate with the completion of the operations for which a building permit was issued and such occupancy shall conform to the regulations contained herein.
(c) Liability Insurance. In any building operation on a site abutting public property, each independent contractor shall maintain public liability insurance which will protect the City of Lorain from any claims for damages from personal injury, including death, which may arise from such building operations whether such operations be by himself or any subcontractor or anyone directly or indirectly employed by either of them. Certificates of such insurance shall be filed with the Chief Building Inspector, and shall be subject to his approval for adequate protection.
If the owner should conduct a building operation or part thereof independently of a contractor, he shall conform to the regulations of this section.
(d) Excavated Materials and Rubbish. Earth taken from excavations and rubbish taken from buildings being erected, altered or demolished, shall not be stored upon the sidewalk, streets or alleys, but shall be removed daily. Where dry rubbish may produce dust, it shall be kept wetted down so as to prevent it being blown about. Building rubbish accumulating on upper floors shall be lowered in receptacles by elevators or closed chutes, directly into trucks. Chutes over public property shall extend clear to the curb line.
(e) Storage on Streets. The occupation of sidewalks or streets by materials not intended for daily use in connection with the operation for which a permit was issued shall not be allowed, except materials taken from a building may be stored in front of the site for a limited time provided the new building is to be immediately erected on the site. The maximum area permitted to be occupied shall not extend beyond one-third of the roadway width adjoining the street line.
(f) Arrangement of Material. No materials, fences or sheds shall be placed to obstruct or endanger any tree, utility pole or fixture, manhole, fire hydrant or catch basin. All gutters shall be kept free and open.
(g) Fencing of Sites. During the excavation for and erection of the external walls of any building except as provided for hereinafter, within five feet of any street line, the owner or his agent in charge thereof, shall cause the part of such building site fronting on such street to be enclosed by a fence located not less than seven feet from the building line and not less than five feet high.
Where buildings to be erected or altered, front on congested thoroughfares, the Director of Public Service and Safety may require that sidewalk traffic be maintained without interruption, by means of elevated and covered sidewalks.
(h) Sidewalk Around Fence. If any enclosing fence shall prevent passage on the sidewalk, the owner, through his agent in charge shall cause to be laid and maintained in good repair, and free of rubbish, dirt, and snow, a temporary plank sidewalk around the same, being not less than one-third as wide as the sidewalk, but not less than three feet wide. A substantial railing shall be provided along the street side.
(i) Railing and Driveways. A substantial railing shall be built and maintained along the street side of temporary sidewalks, and also along excavations. Nothing in this section shall prohibit the maintenance of a driveway over such walk for deliveries, provided such walk is not elevated.
(j) Elevated Sidewalks. Temporary sidewalks shall not be elevated to a greater height than four feet above the curb line. Elevated sidewalks shall be provided with safe and substantial steps or ramps on both ends thereof, and railed on both sides.
If the building is more than one story high such elevated sidewalks shall be covered over as prescribed herein.
(k) Covered Sidewalks. If a building is to be erected more than two stories in height and is set at or near the street line, the permanent or temporary sidewalk shall be arranged to keep pedestrians at least eight feet from same or there shall be built over the temporary sidewalk a roof having a substantial framework covered by two inches of plank. This roof shall be not less than ten feet above any walk and extend to the curb, and shall be maintained as long as material is being used or handled on the street front.
(l) Method of Protection. Before a permit to build is granted, the method of protection and enclosure of site and the placing and working of building materials upon the public property shall be determined upon; and if any change of method is necessary during construction operations, such change shall be ordered by the Chief Building Inspector under the direction of the Director of Public Service and Safety.
(m) Temporary Sheds. Temporary sheds for offices, storage or shops may be maintained within the limits prescribed for materials. Such sheds shall be removed within the time stated in the permit.
(n) Derricks. No derricks shall set upon or operate over space open to the public. Such space shall be temporarily barred, in a manner directed by the Chief Building Inspector.
(o) Warning Lights and Barricades. Adequate warning lights and barricades shall be displayed wherever fences are built, excavations made or materials are piled in any street or alley.
(p) Temporary Supports. Any temporary support placed under any structure or part thereof during any construction work, shall be of sufficient strength to safely carry the load to be placed thereon.
(q) Closing of Openings. During the construction or alteration of any building within ten feet of any street line or unprotected sidewalk, the windows on each floor above the second shall be temporarily or properly enclosed as soon as the story is built.
(r) Roof and Skylights Adjoining. When a building or structure is to be carried above the roof of an adjoining building, protection for the skylights and roof of such building adjoining shall be provided, at his own expense, by the person constructing or causing the construction of new building or structure; provided that if the owner, lessee or tenant of the adjoining building should refuse permission to have the roofs and skylights protected, the responsibility and expense for the necessary protection shall devolve upon the person refusing this permission.
(s) Drainage. Before the foundation walls of a building or structure are completed, provision shall be made to prevent water accumulating in the excavation or cellar.
(t) Fire Protection During Construction.
(1) No part of a building under construction shall be used for the storage of combustible or flammable material until required fire-proofing for that part has been installed, except on approval of the Fire Chief.
(2) In every building operation whenever a tool house, storeroom or other shanty is placed, or a room or space is used for storage, dressing room or workshop, at least one portable fire extinguisher approved by the Fire Chief shall be provided and maintained in an accessible location.
(3) During building operations, free access from the street to all fire extinguishing equipment, whether permanent or temporary, shall be maintained at all times.
(Ord. 167-79. Passed 8-6-79.)