§ 6.5-218. Safety requirements.

(a)

All system owners or operators or service providers in existence prior to the adoption of this article shall at all times and without exception comply with the editions of the National Electrical Safety Code (NESC), the National Electrical Code (NEC) and the Occupational Safety and Health Act (OSHA) as such existed at the time of the grant of the franchise.

(b)

Any changes in or amendments to these codes and law shall be deemed to have been automatically adopted by the city with respect to this article, unless expressly rejected by the city council.

(c)

Any construction, repair, rebuild, upgrade or repair of any system or its components shall be required to comply with the most current editions of the National Electrical Safety Code (NESC), the National Electrical Code (NEC) and the Occupational Safety and Health Act (OSHA).

(d)

In cases involving safety issues related to utility poles, including the requirement to regularly inspect the system and facilities for violations of the NESC, including but not limited to issues of minimum clearances or impermissible contact of the facilities of two (2) occupants of the poles, and where there is a question as to which party caused the violation, the system owner or operator or the service provider may be required to provide the following, as applicable under the circumstance:

(1)

A copy of the request for makeready for the situation at that location showing the date of the request; or

(2)

A copy of the signed and dated work order showing the date of installation for the particular subscriber or address; or

(3)

A copy of the signed and dated work order for the latest service call for the particular subscriber or address.

(e)

In cases involving subsection (b)(2) or (3) of this section, where individually identifiable subscriber information may be revealed, it shall nevertheless be the responsibility of the system owner or operator or service provider to provide proof of the date in question, but without identifying the name of the subscriber, unless the subscriber's permission has been obtained.

(f)

To provide for the protection of the health and safety of persons and property in the city to the maximum extent reasonably possible, the city deems it necessary to adopt a policy of "zero" (0) tolerance of safety-related violations associated with any system or the provision of any service in the city, excepting those caused by subscribers, users or the public and which the service provider was not aware of or could not reasonably have been aware existed. However, it shall always be the responsibility of the service provider or system owner or operator to remedy and eliminate any safety-related violations associated with its system or service as such may be found or reported, or if caused by a third party, to diligently pursue the remedy and elimination of the violation.

(g)

To enable the city to take any needed action or precaution to alert or otherwise protect persons and property in the city, it shall be the responsibility and obligation of any service provider or system owner or operator to report to the city any violation of safety codes, regulations or requirements or the construction or construction-related requirements of this article that is identified and is not able to be remedied within twenty-four (24) hours of the time of its identification, or if caused by a subscriber or user, and due to the location on private property is not able to be remedied within the required twenty-four (24) hours. For purposes of this subsection, unless impracticable, the notice to the city shall be required to be done the same day by phone, and the next day in writing.

(h)

It shall be the immediate and primary responsibility of the service provider or system owner or operator to place appropriate and effective warning signs and protective devices or barriers at the site of any situations that could reasonably be expected to cause personal injury or property damage.

(i)

There shall be no penalty assessed or imposed for construction or construction-related or safety or safety-related violations that are of the system owner's or operator's or service provider's own accord and [violation] reported to the city in accordance with the subsection (d) of this section prior to any injury or harm having been caused, and provided that the report of a situation occurs prior to or on the same day as a third party report that the city receives that is relevant to this section, and if the violation is eliminated within twenty-four (24) hours, or in such time-frame as may otherwise be approved by the city council or the administrator.

(Ord. No. A-177, § 68, 3-13-2000)