ORDINANCE NO: 2018-413 Author: Honorable Cesar C. Dacal, Jr. "AN ORDINANCE SETTING A REGULATION GOVERNING THE CONSTRUCTION AND INSTALLATION OF POLES AND OVERHEAD LINES OF POWER/ELECTRIC LINES, TELECOMMUNICATIONS CABLE AND THE LIKE ALONG MAJOR THOROUGHFARES AND SUBURBS WITHIN THE TERRITORIAL JURISDICTION OF THE CITY OF PAGADIAN" WHEREAS, along with the City Government's mandate to promote and improve public facilities/utilities as an opportunity to enhance and boost the city's economic progress, the safety and security of the life, limb and property of every local resident must be given utmost preference and protection; WHEREAS, the challenges brought about by modernization and development particularly on the installation of poles and wires for electrical power, telecommunications and cable television industries that are developing in the heart of the City and its suburbs has multiplied that, when not regularly maintained and properly installed, pose hazard, danger and inconvenience to motorists, pedestrians and the public in general; WHEREAS, it is observed that most of the existing telecommunication and power/electrical poles are installed and erected along prohibited areas of the roads-right-of-way thus limiting the flow of vehicular traffic or the use of sidewalks and pedestrian paths or are impeding the free flow of water in drainage canals or structures; WHEREAS, the haphazard, improper and inadequate installation as well as indiscriminate connections of telecommunication cables and power/electrical lines/wires commonly known as "spaghetti wires" has not only become an eyesore but is also causing visual pollution thus running in conflict with the City Government's thrust to provide a wholesome, healthy and clean environment; WHEREAS, observation has it that these lines, wires, cables that are left dangling on the streets can be dangerous as it may cause fatal or life-threatening accidents to motorists and pedestrians aside from being extremely hazardous as it may be possibly snagged by passing tall and big trucks/buses and heavy equipment/container vans; WHEREAS, as a measure to prevent accidents that may result to the loss of lives or damage to properties brought by an unwarranted construction and installation of poles and overhead power/electrical, telecommunication and cable lines, there is thus cogent reason to adopt necessary corrective measures and regulations; NOW, THEREFORE, in view of the foregoing premises, be it ordained by the Sanggunian Panlungsod of Pagadian in session assembled that: ARTICLE 1 - GENERAL PROVISIONS SECTION 1. Title. - This ordinance shall be known as the "Pole Construction Regulation and Anti-Dangling Wire Ordinance of 2018." SECTION 2. Scope of Application. - The provisions of this ordinance shall be applicable to all construction, installation, rehabilitation and maintenance activities for all wires, cables and poles, regardless of whether such is used for electricity, telecommunications, cable televisions, computer-related interlink system and the likes, whether leased or owned by any individual or juridical entity that are located along major thoroughfares and suburbs within the City of Pagadian. SECTION 3. Purpose and Intent. - This Ordinance is enacted purposely to ensure the protection and safety of the people of the City of Pagadian against all dangers that may be brought about by the haphazard, improper and/or inadequate installation of either telecommunication, power/electrical wires and cables as well as the establishment and construction of sub-standard poles that may pose physical or bodily threats to the general populace, consistent with the program of improving the city's landscape and the aspect of addressing the growing traffic situation in the city. SECTION 4. Primary Responsibility. - The hereunder offices of the City Government of Pagadian shall have the following duties and responsibilities in the implementation and enforcement of the provisions of this ordinance, viz: a) The Office of the City Mayor, the Office of the Building Official and the Office of the City Engineer shall be jointly responsible in the implementation of this Ordinance; b) The Office of the City Engineer shall: i) accept, evaluate and issue permits and other authorization for the construction and installation/erection of poles intended to lay electric overhead lines, telecommunication wires and cables, except for the national roads which the City Engineer may require the requesting party (applicant) to secure a clearance and authorization from the Department of Public Works and Highways (DPWH); ii) come up with a Pole Location Plan which will serve as the blueprint basis and guide for the approval of construction or establishment of new distribution line poles; d) The City Building Official shall monitor compliance of the permittee and, in case of non-conformance or compliance to the conditions in the permit, issue a Notice of Violation. He shall also accept, hear and evaluate appeals and submit recommendations to the City Mayor; e) A Task Force shall be organized by the City Mayor to be basically composed of the City General Services Officer, City Engineer, City Building Official and the City Disaster Risk Reduction Management Officer and vested with the following duties and responsibilities, to wit: i) removal of any and all electrical, telecommunications and cable structures and accessories that are considered nuisance and sub-standard; and ii) require the owner(s) of the posts, wires and/or cables to pay the cost incurred by the City Government in removing the subject structure and accessories; SECTION 5. Definition of Terms. - As provided in the Ordinance, the following words and phrases shall mean: a) Cables - pertains to the supply of television and satellite cable facilities; b) Construction - all works including excavation or digging, erection and embedding of pole structures in streets for purposes of laying wires, telecommunication and television cables, line hardware and accessories; c) D. P. - refers to distribution points or distribution box; d) Dominant pole owner - refers to the owner of the pole selected by the affected public utilities which has the capability to meet the technical requirements of said utilities, with respect to loading capacity including other appurtenances of telecommunications carriers such as, but not limited, to alley arms, guyings, extension arms distribution points (DP) and other accessories; e) Drop wire/multiple wire/dangling wire and cable wire - refers to all wires used as service entrance wire for power, telephone and cable network, computer related interlink systems; f) Idle Poles - refers to all poles installed and serving no purpose; g) Improper connections - refers to connections that do not conform to the standards of the Philippine Electrical Code and the Philippine Electronics Code; h) Installation - refers to all activities involving fastening, attachments, connections and lay-out of overhead lines and accessories; i) Joint Pole Agreement - an agreement between the dominant pole owner and the player using the said pole; j) Juridical person - refers to publicly registered or legally organized corporations, institution and entities engaged in the businesses mentioned in this Ordinance; k) Major thoroughfares - pertains to main roads, avenues and highways; l) Line wires - these are duplex wires used as service drop wire for telephones; m) Nuisance - pertains to any act, omission, establishment, condition of property, or anything else which injures or endangers the health or safety of others; n) Overhead lines - all kinds of wires and cables installed overhead; o) Overhead line accessories - refers to all kinds of pole hardware used for carrying, fastening, stringing, guying, connecting and attachments of overhead lines and cables; p) Pole - refers to all kinds of poles used as structure, support and attachment for all kinds of overhead lines, cables and accessories; q) Power - pertains to electrical power supplier or distributor; r) Splice joints - refers to connection joints; s) Suburbs - pertains to streets, access roads and "eskinitas," to include residential areas on the outskirts of the city; t) Sub-standard structures - any pole structure and accessories not in conformity with the standards of the Philippines Electrical Code and the Philippine Electronics Code; u) Telecommunications - pertains to the supply of telephone equipment and communication lines; v) Wires - refers to all kinds or types of wires and cables used for electrical power distribution and telecommunication or cable television network service. Section 6. Issuance of Pole & Cable Location Plan. - Implementing guidelines, with reference to the Pole Location Plan shall be formulated by the Office of the City Engineer and the Office of the Building Official and approved by the City Mayor, shall contain the following details, among others: a) Exact location and/or relocation site of the electric and telecommunication poles or cables. b) Pole Type. Shall include the kind of material suited for the particular area, the length/height of the pole, etc. which shall suit the specific surrounding (e.g. residential, commercial, industrial, etc.) taking into consideration the volume of traffic and the aesthetics/beauty of the environment. e) Other details as necessary for the effective implementation of this ordinance. ARTICLE II - REGULATED ACTS CHAPTER ONE - COMMON PROVISIONS Section 7. - It shall be prohibited for any person or any public or private telecommunication/power/electric or cable company/corporation/cooperatives/entities to construct, install, rehabilitate and/or relocate their respective poles/post, lines/wires, cables from an area of any major thoroughfares and suburbs of the City of Pagadian without securing working permit/clearance from the City Engineer's Office and approved by the City Mayor, or from the Highway District Engineer-DPWH in the case of national roads and highways. However, emergency repair and maintenance or installation, rehabilitation and/or relocation of any damaged pole/post or lines/wires, cables and the like can be done immediately even without securing the necessary working permit/clearance above-mentioned, provided that after work completion the same shall be immediately reported to the Office of the City Engineer for information and record purposes. Section 8. - The erection, construction and/or installation of poles or posts in any particular location along major thoroughfares and suburbs of Pagadian City where a pole/post is already established or existing shall be prohibited unless with the express approval from the Office of the City Engineer. Section 9. - Prior to the commencement of any construction, installation, rehabilitation and maintenance of telecommunication, power/electrical poles/posts, lines/wires, cables and the like, the following guidelines must be strictly observed and/or complied with, viz: a) The owner(s) or the company management or the head of agency/entity/corporation shall provide adequate warning devices as a measure to caution all motorists and pedestrians alike. b) All materials and equipment necessary for the installation, construction, installation, rehabilitation and maintenance of telecommunication, power/electrical poles/posts, lines/wires, cables and the like, shall not be placed nor left in an area that may cause obstruction to vehicular traffic and/or inconvenience to pedestrians and the public in general; Section 10. -. The construction and/or installation of poles/post, lines, wires, cables and the like in any private/public lot/space, buildings and structures shall first require the the written permission or consent or the registered owner of the building/structure or the space/lot, as the case may be. Section 11. - No building or structure shall be tapped with electric lines and/or telecommunication cable without prior approval from the Office of the Building Official. Section 12. - Installation of temporary, dangling, loose, unfastened wires and cables to include unmarked lines/wires and cables as well as improper connections, splice joints and other termination works not in conformity with existing standards of the industry are strictly prohibited. Section 13. - Any idle or unused poles/posts or lines/wires and cables and other overhead line accessories are considered nuisance and shall be immediately removed by the owner of such structure. However, those line/wire and cable from the Distribution Point (D.P.)/Distribution Box or Splice Joints to the household/building or any pole/post owned by any private individual which is no longer used and/or considered idle or unused shall be immediately removed by the private owner or by the public utility, upon prior written consent from the private owner. Section 14. - The following enumerations shall govern any utility in the installation and maintenance of overhead lines/wires and erection/construction of poles, to wit: a) Only one (1) pole shall be allowed in any particular location along secondary streets and major thoroughfares provided that in the latter, upon approval of the City Engineer and, when necessity so requires, a separate additional pole may be allowed. No such exception shall be allowed on secondary streets; b) All cables and wires including their implements and accessories shall be at the minimum height of 20 feet from the ground; c) All utilities shall ensure that no dangling, open or loose cables, wires or lines are present in their system; d) Multiple line/drop wires and cables serving a single client/subscriber/member within the same building shall not be allowed unless when the existing line if further utilized will pose hazard to the safety and security of both persons and/or properties; e) All installations, works and constructions by any utilities shall conform with the Revised Philippine Electrical Code (RPEC), RA 7160, National Electrification Administration, Presidential Decree No. 1096 or The National Building Code and other accepted existing standards of the industry; f) Utilities and/ or pole owners shall refrain from entering into any and/or all joint Pole Agreement under any nature, with any and/or all person, whether juridical or otherwise, unless and until such person conforms with the provisions of this ordinance and secures the necessary clearances and/or permits with the appropriate Local Government offices. g) All Power/Electric, Telecommunication and Cable Service Provider operating within the territorial jurisdiction of the City of Pagadian are required to provide and/or install name tags and colour coding scheme to their respective poles/posts, lines/wires and cables for identification purposes, as follows to wit: i) Smart - PLDT Telecommunication - Yellow ii) Globe Telecommunication - Blue iii) CRUZTELCO - Green iv) BAYANTEL - Red v) ZAMSURECO-1 - Black vi) KISMET/PCTV Cable Television - Orange h) All Power/Electric, Telecommunication or Cable poles must have a minimum height of forty (40) feet and shall be maintained at Ninety Degrees (90o) verticality. The allowable sag of electric conductors, telephone lines/wires and distribution cables of Community Cable Television (CCTV) shall not be more than 1 foot. CHAPTER TWO - PROVISIONS ON POWER/ELECTRICAL POLES AND LINES/WIRES Section 15. - No electric utility shall be allowed to construct power/electric poles/posts and install electric lines/wires that is not in conformity with existing laws and in accordance with approved standards set by the National Electrification Administration (NEA). Section 16. - All newly constructed or renovated commercial building shall be required to allocate adequate space solely for electrical equipment installation and maintenance. The size of the area shall comply with the requirements of the Revised Philippine Electrical Code. Section 17. - All newly constructed or renovated building, when a single phase electrical supply is required, shall be allowed to have only one (1) service line except where fire pumps, emergency power standby, or parallel power production is necessary hence a separate service is allowed. Section 18. - The power/electric utility, when providing or installing temporary electric connection on construction and carnival sites or any streets during special occasions and/or other events in the plaza, freedom parks and the likes, is mandated to remove all electrical line connections within twelve (12) hours after the said event. Section 19. - The following enumerations shall govern the installation and maintenance of power/electrical poles/posts or lines/wires of an electric utility, to wit: a) The minimum height of service support in a building shall be 20 feet measured from the bottom of the bracket or pin insulators. b) Measured from the top, the height of rain tight service head shall be a minimum of 20 feet. c) Height of streetlights shall be maintained at a minimum of 25 feet. d) The installation of lines/drop wires should not exceed Four Hundred (400) feet from the last Distribution Point (DP) or Distribution Box of Tap Off Point within the specified Central Business District. e) All secondary drop wires shall be allowed to cross a street in one predetermined location. f) All electrical installation shall be done in accordance with approved standards and superior workmanship. CHAPTER THREE - PROVISIONS ON TELECOMMUNICATIONS POLES/POSTS OR LINES/WIRES a) No additional telephone pole/post shall be allowed in any street within the Commercial Business 1 and 2 specified under the City Zoning Ordinance of Pagadian City. b) All commercial establishments shall have a central telephone terminal cabinet wherein the capacity of which shall be enough to supply the required telephone lines of the building. c) All major rehabilitation of telephone lines shall be done underground. d) All telephone lines outside of a building shall be run in approved type conduit. e) All traversing telephone drop wire shall be allowed only in traversing points as indicated in the Approved Pole and Cable Locational Plan (PCLP). f) Traversing telephone line shall be allowed underground as long as it will be done through boring. g) All communication poles shall be removed and telephone lines thereat shall be transferred to electric cooperative poles, if there already exists. h) All telephone lines shall maintain clearances in accordance with the Revised Philippine Electrical Code (RPEC), National Electrification Administration (NEA) and electric cooperative standards. i) All service drop conductors that run along with backbone lines shall be bundled with the latter. j) All telephone entrance shall be installed with a minimum height of 20 feet measured from the top of rain tight service head. k) Only one entrance per telephone provider shall be allowed for a building or structure. Provided, that no distribution line shall be made to traverse private lots without the written permission of the property owner. CHAPTER FOUR - PROVISIONS ON COMMUNITY CABLE TELEVISION (CCTV) Section 24. Annual Abatement of Nuisance. - The Task Force shall, upon effectivity of this ordinance and annually thereafter, conduct inspections of all cables, lines, wires and poles within the boundaries of the City and notify pole owners and/or utilities of existing nuisance, if any, in their respective systems for removal. Failure of the pole owner and/or utility to remove such nuisance within sixty (60) days from notice shall empower the same office to remove the said nuisance at the expense of the pole owners and/or utilities without prejudice to penal sanction provided in this Ordinance. Section 25. Grace Period of Compliance. - All public utility operator, company or cooperative operating within the territorial jurisdiction of Pagadian City are hereby given a grace period of Five (5) years from the effectivity of this ordinance to relocate their facilities and to comply with the requirements herein provided. Any and all existing power/electric, telecommunication or cable poles/posts and the like constructed/installed/erected along the prohibited areas or sidewalks, pedestrian paths and/or drainage canals shall be immediately transferred/relocated to a suitable area approved by the Office of the City Engineer and the Office of the Building Official. Section 26. - All existing power/electric, telecommunication/cable service provider in the City of Pagadian shall be required to submit quarterly status report of the rehabilitation works of their existing power or electrical/telecommunication/cable poles/posts, lines/wires to the City Government of Pagadian through the Office of the City Mayor within ten (10) days after the end of each quarter. Section 27. - In case of any untoward incident brought about by the improper, inadequate and disorderly manner of the construction of poles/post and/or the installation of power/electric, telecommunication or cable lines/wires, the owner(s)/proprietor(s), the branch manager and members of the Board of Directors/Trustees of the corporation/company shall be held liable for the death and/or injury or loss or damage of property/ies, as the case may be, it may cause to motorists, pedestrians and the general public, if any. SECTION 28. Penal Provisions. - The following penalties shall be imposed on any or all violations of any provision of this Ordinance: a) Person liable: i) The owner(s)/proprietor(s), president/general manager/branch manager and the chairman and members of the board of director/trustee of the cooperative/company/corporation of any public utilities existing and operating in the City of Pagadian; ii) The owner(s)/proprietor(s) or manager of any building or structure; iii) Any person, whether or not an employee of the utility service provider, who directly involved in the commission of the violation or abets, conspires and connives in the commission of the violation; b) Penalties and fines: i) First Offense: a fine of Five Thousand (P5,000.00) Pesos and/or imprisonment of One (1) month or both at the discretion of the court; ii) Second Offense: a fine of Five Thousand (P5,000.00) Pesos and/or imprisonment of Six (6) months or both at the discretion of the court; iii) Third & Subsequent Offenses: a fine of Five Thousand (P5,000.00) Pesos and/or imprisonment of One (1) year or both at the discretion of the court and the absolute perpetual disqualification to engage in public utilities' business in the City of Pagadian. Section 30. Remedies. - The following remedies may be availed of by the party or parties concerned, as stipulated herein, viz: a) In addition to other remedies cited herein or otherwise provided by the local ordinance of the city, this City Ordinance maybe enforced by the issuance of Notice of Violations to the owner(s) of the afore-said structures found to be in violation of this Ordinance. b) The city/dominant pole owner may recover any civil penalty associated with this ordinance within the prescribed number of hours after issuing a citation or Notice for Violations. Failure to pay a penalty may subject the owner(s) to civil action to recover the damages, if the penalty is not paid in the prescribed time. c) The issuance of Notice for a Violation and the assessment of a penalty maybe appealed to the Office of the City Mayor through the Office of the City Building Official. The appeal must be made in writing to the City Mayor through the Office of the City Building Official within Thirty (30) days upon receipt of the notice. d) Such appeal shall be heard by the City Building Official within Thirty (30) days from the filing of the appeal and the assessment of penalties shall be stayed pending the result of the appeal. The stay on the running of the penalty shall begin on the day on which an appeal is filed with the City Mayor through the Office of the City Building Official. SECTION 31. Separability Clause. - If any provision or portion of this Ordinance is declared illegal and/or found to be violative of the constitution and declared invalid by a court of competent jurisdiction, the remainder of this ordinance not so declared otherwise shall not be affected and shall remain in full force and effect. SECTION 32. Repealing Clause. - All ordinances, executive orders and rules and regulations or parts thereof, which are inconsistent or in conflict with the provisions of this ordinance are hereby repealed, amended or modified accordingly. SECTION 33. Effectivity Clause. - This Ordinance shall take effect immediately after publication for three (3) consecutive issues in a newspaper of general circulation in Pagadian City and the posting of the same in three conspicuous places of the city in accordance with Section 59 of RA 7160. ENACTED AND APPROVED by the Sangguniang Panlungsod (12th City Council) during its 100th Regular Session on 04 September 2018 at the SP Session Hall, Legislative Building, V. Sagun Street, San Francisco District, Pagadian City.