Sec. 38-117. - "Vault" defined.

As used in this article, the word "vault" shall mean any excavation, elevator shaft, pit, well or cellar opening made or constructed in or under any sidewalk in the city.

(Ord. No. 268, § 1; Code 1961, § 36-62)

Sec. 38-118. - Compliance with article and other applicable ordinances.

In the construction, maintenance and use of any vault and of all fixtures, appliances and appurtenances therein or connected therewith, the provisions of this article and other ordinances of the city in regard to vaults shall at all times be complied with.

(Ord. No. 268, § 10; Code 1961, § 36-79)

Sec. 38-119. - Violations of article.

Each violation of any provision of this article shall constitute a Class 3 misdemeanor, unless otherwise specifically provided.

Sec. 38-120. - Beginning construction of or using vault constitutes acceptance of and assent to provisions of article.

Whenever work on the construction of a vault shall have been begun or whenever any use shall have been made of a vault, such work or use, as the case may be, shall be deemed to be an acceptance of and assent to the terms, conditions and restrictions set forth in this article.

(Ord. No. 268, § 10; Code 1961, § 36-98)

Sec. 38-121. - Application of article to vaults constructed prior to September 13, 1960.

Permission is hereby granted for the maintenance and use of all vaults constructed prior to September 13, 1960; provided that, all such vaults and the maintenance and use thereof shall be subject to all the provisions of this article relating to vaults, and upon the refusal or failure of the proprietor or lessee of any such vault to comply with this section, the director of engineering shall order such vault closed and the sidewalk placed in its original condition. If such order is not complied with within sixty (60) days, the director of engineering shall have the same done and paid for out of the appropriation for sidewalk repairs and shall certify the expense thereof to the city treasurer for collection from the proprietor or lessee of such vault.

(Ord. No. 268, § 16; Code 1961, § 36-66; Ord. No. 3111-83, § 1)

Sec. 38-122. - General duties of director of engineering under article.

It shall be the duty of the director of engineering to require that all the provisions of this article and other ordinances of the city in regard to vaults and all conditions for permits for the same are complied with.

(Ord. No. 268, §§ 5, 11; Code 1961, § 36-74; Ord. No. 3111-83, § 1)

Sec. 38-123. - Supervision and approval of construction.

The construction of every vault, including the retaining walls thereof, shall be under the supervision of the director of engineering; and all work thereon shall be done in a manner satisfactory to the director and shall be subject to the director's approval.

(Ord. No. 268, § 10; Code 1961, § 36-96; Ord. No. 3111-83, § 1)

Sec. 38-124. - Safety precautions during construction.

During the construction of a vault, all necessary precautions shall be observed, as prescribed by the director of engineering, in order to prevent injury to persons or property.

(Ord. No. 268, § 10; Code 1961, § 36-96; Ord. No. 3111-83, § 1)

Sec. 38-125. - Limitation on space.

The space under the sidewalk which may be excavated for the construction of a vault, or used as a vault, shall be limited to the space between the building line and a line drawn four and one-half (4½) feet from and parallel to the inner side of the curb.

(Ord. No. 268, § 10; Code 1961, § 36-75)

Sec. 38-126. - Interference with sewer or water pipes, fire hydrants, etc.

Vaults and all fixtures, appliances and appurtenances therein or connected therewith shall be constructed, maintained and used so as not to interfere with any sewer pipe, water pipe, fire hydrant, manhole, catch basin, conduit or other public work.

(Ord. No. 268, § 10; Code 1961, § 36-81)

Cross reference— Sewers and sewerage, Ch. 33; water supply, Ch. 42.

Sec. 38-127. - Roof.

The roof of a vault shall be constructed of glass floor lights, iron, flagging, concrete, terra-cotta or hard bricks, and shall have its crown at least six (6) inches below the established surface of the sidewalk.

(Ord. No. 268, § 10; Code 1961, § 36-91)

Sec. 38-128. - Paving of sidewalk over vault.

(a)

The sidewalk over a vault not occupied by floor lights shall be paved with stone or concrete according to specifications of the director of engineering, and shall be laid to the grade designated by such director. All such paving shall be laid and maintained at the expense of the owner of the land abutting on such vault.

(b)

Glass prisms or blanks may be set in the paving referred to in subsection (a) above, not exceeding two (2) inches square or two (2) inches in diameter, and not less than one and three-quarters (1¾) inches thick at the edges. Glass floor lights may be set in such paving; but the thickness of such lights and the method of setting the same shall be such as, in the judgment of the director of engineering, may be necessary.

(Ord. No. 268, § 10; Code 1961, § 36-92; Ord. No. 3111-83, § 1)

Sec. 38-129. - Limitation on number of sidewalk openings; size of openings generally.

The number of openings in the sidewalk over a vault shall be limited to one for each fifty (50) feet of frontage of such sidewalk; provided that, if such fifty (50) feet of frontage shall embrace two (2) places of business, then one opening may be permitted for each place of business. No such opening, except for a lift or elevator, shall be more than sixty (60) inches square, or sixty (60) inches in diameter, if circular.

(Ord. No. 268, § 10; Code 1961, § 36-93)

Sec. 38-130. - Lifts and elevators and openings therefor.

No lift or elevator shall be installed in a vault if the sidewalk over the same has a less width than six (6) feet. No opening for a lift or elevator shall be more than four (4) feet, measured perpendicular to the curb, or extend across more than one-third (1/3) of the width of the sidewalk. No opening for a lift or elevator shaft shall be more than seventy-two (72) inches in diameter.

(Ord. No. 268, § 10; Code 1961, § 36-94)

Sec. 38-131. - Covers for openings; pit or well ventilating fans.

(a)

Every opening into a vault from the sidewalk shall, at all times have a heavy iron cover set in a substantial iron frame and fastened thereto by noncorroding metal hinges. Such cover and the frame into which it is set shall be kept well scored, and no part of either, or of the hinges attached thereto, shall project above the established surface of the sidewalk. Such cover shall be fastened down with an iron rod or chain, except when raised to permit access to the vault.

(b)

No opening into a vault from the sidewalk shall have a grated covering, except on well or pit openings designed to provide ventilation in the abutting basement by means of suction fans. The space between the grates of such covers shall not exceed one-half (½) inch and shall be of such construction as is approved by the director of engineering. Fans provided in pits or wells for ventilation shall be of suction type only and limited to such capacity as may be approved by the director of engineering and installed and operated under such director's supervision.

(Ord. No. 268, § 10; Code 1961, § 36-95; Ord. No. 3111-83, § 1)

Sec. 38-132. - Sidewalk repairs.

The right of the city to make any necessary repairs to the sidewalks over a vault shall not be interfered with, and the city shall not be liable for any damage done to such vault, its fixtures or appurtenances during or in consequence of any such repairs. The owner of the land abutting on a vault shall reimburse the city for all moneys expended in making repairs to the sidewalk over the same during the continuance of the permit for maintenance thereof.

(Ord. No. 268, § 10; Code 1961, § 36-88)

Sec. 38-133. - Change in sidewalk grade.

Whenever any change shall be made in the grade of the sidewalk over a vault, such vault shall be made to conform to such new grade and paved over, if necessary, at the expense of the proprietor of such vault or the owner of the land abutting thereon.

(Ord. No. 268, § 10; Code 1961, § 36-90)

Sec. 38-134. - Changes when adjacent street widened.

Whenever the street adjacent to a vault is widened, all necessary changes in the construction of such vault, its fixtures and appurtenances, shall be made by the owner or proprietor thereof, and if not made within a reasonable time after notice, may be made by the director of engineering, at the risk and expense of such owner or proprietor.

(Ord. No. 268, § 10; Code 1961, § 36-85; Ord. No. 3111-83, § 1)

Sec. 38-135. - Warning bells; attendants.

Each vault shall be provided, at all times, with an automatic bell device so constructed that it will ring, whenever the vault is being opened or closed, as a warning to pedestrians. Every owner or occupant of any lot in front of which any vault is located shall, immediately prior to the opening of such vault, and so long as the same shall remain uncovered or opened, cause an attendant to be stationed at such vault to warn pedestrians of the opening of such vault.

(Ord. No. 268, § 17; Code 1961, § 36-76)

Sec. 38-136. - Prohibited equipment, appliances, etc.

No person shall place, locate, install, maintain or use, in any vault:

(1)

Any boiler;

(2)

Any engine operated by steam, gas or gasoline;

(3)

Any tank or container for storing oil, gas or gasoline;

(4)

Any explosive;

(5)

Any pump, water closet or urinal;

(6)

Any appliance or pipe for generating or emitting gas, steam or any offensive odor;

(7)

Any fan for ejecting vitiated or superheated air; or

(8)

Any exhaust pipe intended to open or discharge into such vault.

(Ord. No. 268, § 10; Code 1961, § 36-89)

Sec. 38-137. - Maintenance or use does not vest title in owner of abutting land or affect city's rights.

The maintenance or use of a vault shall not be taken to vest any title thereto in the owner of the abutting land, or to abridge in any manner the rights of the city therein.

(Ord. No. 268, § 10; Code 1961, § 36-86)

Sec. 38-138. - City not liable for losses, damages, etc., resulting from construction, maintenance or use.

The city shall not be liable for any loss, damage, injury, cost or expense incurred by any person by reason of the construction, maintenance or use of a vault or any fixture therein or any appliance or appurtenance thereof.

(Ord. No. 268, § 10; Code 1961, § 36-87)

Sec. 38-139. - Installation of public work in, under or through vault.

The director of engineering shall have the right at any time, without making compensation therefor, to install and maintain any public work in, under or through a vault; and the owner or proprietor of the land abutting on such vault, upon being notified by the director of engineering, by registered mail addressed to such owner or proprietor at his or her last-known post office address, to the effect that it is desired to make any such installation, or any extension or alteration of any such installation, shall, without cost to the city, at once remove from such vault any pipe, wall, beam, fixture or other part, appurtenance or appliance therein or connected therewith, which in the opinion of such director should be removed, so as to leave a clear space in such vault sufficient of the installation, operation, maintenance or extension of such public work. Upon failure of such owner or proprietor to comply with such notice, such removal may be made by the director of engineering at the risk and expense of the person so in default, or the permit for such vault may be revoked by the director of engineering.

(Ord. No. 268, § 10; Code 1961, § 36-83; Ord. No. 3111-83, § 1)

Sec. 38-140. - Right of entry of city agents or employees.

The agents and employees of the city shall at all times have the right to enter a vault for the purpose of inspecting the same or installing, inspecting, extending or repairing any public works therein.

(Ord. No. 268, § 10; Code 1961, § 36-84)

Secs. 38-141—38-145. - Reserved.