§ 138-53. Construction, fire, and safety codes.

A. 

The franchisee or other MCS provider shall at all times and without exception conduct all of its construction, installation, repair and maintenance activities in accordance with the fire and safety regulations of the Town, and all local, state and federal safety regulations, and shall at all times, without limitation or exception, adhere to regulations governing the security of facilities as promulgated by the Town.

B. 

The codes referred in the preceding subsection are standard and customary to the multichannel service industry and include, but are not limited to, electrical, construction, fire, safety, health, building, and zoning codes.

C. 

To provide for the maximum protection of the health and safety of persons and property in the Town, the intent of this section is to require 100% compliance with all safety-related codes, rules and regulations at all times, subject only to force majeure exceptions. For clarification, this is intended to mean that the Town adopts a policy of zero tolerance of safety-related violations associated with any multichannel system in the Town.

D. 

It shall be the responsibility and obligation of any franchisee or other MCS provider to, immediately by phone, and the next day in writing for purposes of the Town's records, report to the Town any violations of safety codes that are identified and are not able to be remedied, or are not remedied, within 24 hours of their identification, so as enable the Town to take any needed precautions to alert or otherwise protect persons and property in the Town.

E. 

It shall further be the immediate and primary responsibility of the affected or transgressing MCS provider to place appropriate and effective warning signs and protective devices or barriers at the site of any such safety violations that create an imminent danger or threat, as in the reasonable determination of the Town may be needed and directed by the Town.

F. 

Notwithstanding anything to the contrary in § 138-72, Liquidated damages, there shall be no liquidated damages or other penalty applied or assessed against a franchisee or other MCS provider for safety-related violations that are voluntarily and of its own accord and volition reported to the Town in accordance with the previous Subsection D, provided that the first report of a situation not in compliance with this section that the Town receives is that of the franchisee or other service provider whose facilities are not in compliance with the required safety codes and this chapter.