§ 13.14.030. Construction requirements.

A.

Construction permit.

1.

Use permit required. Joint pole users shall apply for and obtain a use permit in accordance with Chapter 11.08 PAMC construction or excavation work within rights-of-way. Upon completion of an attachment project, the modifying entity shall give written certification to the City that the attachment project is complete and complies with the use permit.

2.

Certification of designs. Unless excepted by the City, cabling and pole attachment designs, specifically relating to pole strength and clearances considering all pole attachment uses, as required by Chapter 296-45 WAC, shall be certified by a designer and approved by the City.

3.

Approval to proceed. When the application is satisfactory and approved, one copy of the plans, map, sketches, and application will be returned to the applicant along with written approval to proceed.

4.

Completion certification. Upon completion of an attachment project, the modifying entity shall give written certification to the City that the attachment project is complete and complies with the use permit

B.

Safety. Joint pole users, in accordance with applicable national, state and local safety requirements, shall at all times employ ordinary care and shall install and maintain facilities and shall use commonly accepted methods and devices to prevent failures and accidents which are likely to cause damage, injury or nuisance to the public. Joint pole users' facilities in, over, under and City rights-of-way or property, shall at all times be kept and maintained in a safe, suitable condition and in good order and repair.

C.

Violation of codes or standards. In any instance where the joint pole user's facilities are installed contrary to the Electrical Construction Code of the State of Washington or the City's standard practices and specifications, the joint pole user shall at its sole expense, and within 30 days following written notice from the City, change, improve, or renew its installed equipment in such manner as the City may direct. If violation of any conditions applicable to the said installation is observed, the City reserves the right to stop construction immediately, and correction of the violation will be made before any part of the construction is continued.

D.

Guys and anchors. The joint pole user shall, at its expense, install guys necessary to support the strain imposed on any pole by the installation of its facilities. When existing anchors are adequate in size and strength to support the equipment of all joint pole users, a joint pole user may attach its guys thereto. When anchors are not of adequate size and strength, the party whose new facilities necessitate additional anchors shall, at its own expense, install new anchors or request the owner to replace existing anchors with anchors adequate in size and strength.

E.

Responsibility for costs. The joint pole user shall bear all costs involved in contacting any pole owned by the City. If it is necessary for the City to do any work on poles to provide contact space, this work will be done only as crews are available to do so in their regular work schedule. Any other schedule will be on overtime rate at the expense of the company whose new facilities necessitate the work.

F.

Communications space available to joint pole users.

1.

Use of available space occupied by others. Where space is available and in compliance with the State of Washington Electrical Construction Code and all other applicable legal requirements, joint pole users engaged in the telecommunications utility business may be allotted contact space in the area occupied by other joint pole users.

2.

Conditions of use. All joint pole users shall operate and maintain their communications facilities in such a condition as to avoid conflict or interference with other joint pole users. Additions to or alterations by a joint pole user shall be coordinated with all joint pole users. A joint pole user may not prevent the installation, alteration or maintenance of facilities of another joint pole user. Changes to communications facilities on a joint use pole shall be at the expense of the party whose activities necessitate the changes.

G.

Maintenance and emergency repairs.

1.

Maintenance required. Each party shall at all times maintain all of its attachments, and perform any necessary tree-trimming or cutting incidental thereto, and shall keep them in safe conditions and in thorough repair.

2.

Emergency work by City. In an emergency where it is necessary to clear lines and restore electric power to the City's customers as the result of an accident, windstorm, earth slide, or other condition where power lines, poles, or other supporting structures are damaged, destroyed or are in serious danger thereof, the City may transfer the joint pole user's facilities to new or other poles, or do any other work required in connection with the joint pole user's equipment necessary to restore electric service to the City's customers. The joint pole user shall reimburse the City for all costs incurred in connection with such emergency work done on the grantee's facilities.

(Ord. 3297 § 3, 10/01/2007; Ord. 3084, § 1 (part), 6/29/2001)