Division C
Administrative Provisions

Part 1AAdministration — Building

Section 1A.10 Temporary Occupancy of a Street for Construction Purposes

1A.10.1. General Requirements

1A.10.1.1. Permit Required

1) A person wanting to temporarily occupy a street, or part thereof, or occupy the air space above a street or part thereof, in connection with, or incidental to the construction or maintenance of any building, shall make application for a permit for temporary occupancy to the Chief Building Official.

1A.10.1.2. Liability Disclaimer

1) An application for the temporary occupancy of a street for the purpose described in Article 1A.10.1.1. shall contain, in a form satisfactory to the Director of Legal Services, an undertaking of the owner to save harmless the city against all claims, liabilities, judgments, costs and expenses in consequence of, or in any way incidental to the granting of such occupancy.

1A.10.1.3. No Occupancy Without Permit

1) No person shall occupy any street or part thereof for the construction or maintenance of any building without a permit issued by the Chief Building Official.

2) The fees payable for the issuance of a street occupancy permit shall be as set out in the Fee Schedule.

1A.10.1.4. Occupancy Restriction

1) The Chief Building Official shall not authorize the occupancy of any part of a street, or the air space above a street, which is more than 6 m from a property line.

1A.10.2. Overhead Construction

1A.10.2.1. Permit Required

1) The occupancy of the air space above a street by a swing scaffold or construction hoisting device shall be subject to the requirements of Subsection 1A.10.1.

1A.10.2.2. Prevention of Public Entry

1) The street under such swing scaffold or construction hoisting device shall be fenced, roped off or otherwise protected against public entry in a manner approved by the Chief Building Official.

1A.10.3. Public Safety

1A.10.3.1. Public Protection Required

1) No person shall construct, alter or repair any building unless a fence or covered way as required in Part 8 of Division B for the safety of the public has been first erected to the satisfaction of the Chief Building Official.

2) The Chief Building Official may modify the requirements of Sentence (1) when satisfied that the location of the construction is sufficiently protected or remote from public areas.

1A.10.3.2. Barricade Permit Required

1) If the barricades described in Sentence 1A.10.3.1.(1) are to occupy part of the street, the requirements for a permit in Subsection 1A.10.1. shall apply.