(a) Within the City no person shall Construct any sub-space which does not comply with the provisions of this chapter or the Commissioner's directives. Provided, however, that where sub-space was in use under a permit issued under Ordinance 124-44, and in the opinion of the Commissioner, such sub-space is secure and safe or can be made secure and safe without strict compliance with the provisions of this chapter, the Commissioner may by written order specify the necessary changes in the construction of such sub-space, if such changes be deemed necessary, and when such Sub-space is found to comply with such order or orders, or with the provisions of this chapter, the Commissioner may issue a certificate of such compliance to the owner and also issue a Sub-space Occupancy Permit for the use of such sub-space; but in the event of any subsequent substantial alteration in connection with any such sub-space, the same must be made to comply with the provisions of this chapter, including, without limitation, a Construction Permit.
(b) The re-construction requirements for such sub-space shall be as follows:
(1) All sub-space shall have all of its structural and enclosing parts constructed of reinforced or plain concrete, masonry, steel or any combination thereof and shall be sufficiently substantial according to recognized engineering practices to provide for:
A. Proper support of all superimposed loads, both live and dead, which may be reasonably anticipated to be thereafter applied; and
B. Adequate resistance to any and all horizontal stresses; and
C. Security against settlement, deterioration or any other type of detrimental change.
(2) The surface portions over sub-space structures which are below paved streets shall be constructed in the same manner and to the same standards as govern the installation of the other paved surfaces of such facilities.
(3) No openings from the surface into such sub-space shall be permitted, except in sidewalk areas; and all such openings shall be covered with steel, iron or reinforced concrete coverings of sufficient structural strength to support the same loadings as are required for the sidewalk area, and shall be level with the surrounding surface of the sidewalk, and of such design or type as will permit no hazard to pedestrian traffic. Such openings, other than manholes of twenty-four inches (24") or smaller diameter, shall also be equipped with suitable metal or other substantial type of guard rail which will enclose the open area when the cover is removed for any purpose, and which such guard rails shall be removed or will disappear when the cover is restored to a closed position.
(4) No sub-space shall be constructed within any part of a Street intersection or closer to any improved street curb line than four feet (4') back there from.
(5) No part of the structure of sub-space shall be permitted to serve as a street curbing, nor shall any portion thereof protrude above the established grade for that part of the street below which it lies, except the abovementioned guard rails when enclosing a surface opening.
(6) The adequacy of the design of the sub-space structures for the exact location at which they are to be constructed shall be determined by the Commissioner and a certificate of such adequacy shall be filed in the office of the Commissioner and kept with the records pertaining to each sub-space.
(Ord. 339-12. Passed 7-17-12.)