A. Other than as exempted by this chapter or other applicable law, no franchisee or person acting under the authority granted to a franchisee shall construct or install facilities within the right-of-way or engage in ground disturbance activities within the right-of-way without first obtaining a construction permit for such work pursuant to this chapter or, where applicable, a small cell permit pursuant to Chapter 13.16 BMC.

B. When necessary to address an imminent threat to public health, safety or the environment, franchisees may perform work prior to obtaining a permit as required under subsection (A) of this section; provided, that in such cases the franchisee shall notify the department and apply for a permit for such work as soon as practicable.

C. The director may waive the requirement to obtain a construction permit under this chapter if the work to be performed will not substantially impact the right-of-way. [Ord. 2018-09-015 § 1].