(1) Construction Permits. No Person shall construct, install, operate, repair or maintain any Facilities or End- User Device in the Right-of-Way without first obtaining a Construction Permit(s) therefor; provided, however, that, in the event of an Emergency Condition, a Person may apply for a Construction permit within the time determined by the Commissioner by regulation. No Construction Permit shall be issued to any Person for such purpose unless:
(a) except with respect to an End-User Device, a ROW Use Authorization has been issued to the owner of such Facilities, and the owner has executed the required ROW Use Agreement and is otherwise in compliance with this Chapter;
(b) the Commissioner determines that the Person is capable of properly constructing the proposed Facilities;
(c) the owner of such Facilities belongs to the Pennsylvania One Call System as provided in the Act of December 10, 1974, P.L. 852, No. 287, as amended, 73 P.S. §§ 176 et seq., and is in compliance with its requirements; and
(d) the application for the Construction Permit is accompanied by plans and specifications for the work in form and content determined by the Commissioner by regulation.
(2) Right to Inspect. The Commissioner may inspect any Facilities and any Facilities construction or repair activity to determine compliance with the terms of this Chapter and other applicable laws and regulations. Licensees are required to cooperate with all such inspections and to provide information requested by the Commissioner as part of the inspection.
(3) Damage to Facilities or the ROW. A Licensee or City Agency shall be liable for damage that it, or a Person working for it, causes to the Right-of-Way or to any property or Facilities owned or used by the City, other Licensees, or other users of the Right-of-Way, and shall promptly repair or reimburse the City for damage to the ROW, and promptly reimburse the owner of the damaged Facilities for damages thereto. Nothing in this subsection (3) or elsewhere in this Chapter shall be construed as a waiver of the defenses, immunities, and limitations on damages available to the City pursuant to the Judicial Code at 42 Pa. C.S. §§ 8541 et seq.
(4) Facilities Maps. Each Person issued a Construction Permit shall submit to the Commissioner, after completion of the permitted construction, accurate maps depicting the nature, dimensions, and location in the ROW of the Facilities constructed.
(5) Program for the Coordination of Construction Activities. The Commissioner, in consultation with Licensees and through the establishment of such advisory committees to the Commissioner as the City may determine, shall develop a program for the coordination of construction activities in the ROW. The purposes of the program shall be to:
(a) minimize multiple Street openings, the resulting disruption of the ROW, and inconvenience to the public;
(b) ensure that construction in the ROW consistently meets a high industry standard of quality;
(c) coordinate the exchange and review of construction plans among Licensees and between Licensees and City Agencies, including the early identification and coordination of large construction projects planned by Licensees and City Agencies, and the early review of economic development plans affecting construction in the ROW;
(d) ensure the timely identification and resolution of conflicts between planned and existing Facilities in the ROW;
(e) improve the efficiency of the process for issuing Construction Permits and minimize the time required;
(f) identify opportunities for joint construction in the ROW by multiple Licensees, and by Licensees and City Agencies;
(g) develop traffic safety guidelines for construction and maintenance activities in the ROW;
(h) otherwise identify and implement measures to improve the efficiency and minimize the impact of construction in the ROW.
(6) Application to City Agencies. Subsection (1) shall apply to City Agencies but may be waived by the Commissioner for City Work if the Commissioner, upon application by an affected City Agency, determines that compliance will adversely affect the public health, safety or welfare.
Notes
| Section 11-705 - Conditional Amendment |