ORDINANCE
WHEREAS, the City of Chicago finds that it is important, in the interest of public safety, to ensure that any construction, installation, alteration, maintenance, or repair work related to small wireless facilities, small cell technologies, and distributed antenna systems (referred to as "small cell work") performed on public property in the City of Chicago, including within the public right-of-way and on City-owned light poles, be performed safely and effectively by trained and qualified persons;
WHEREAS, the City of Chicago finds that it is in the public interest and economic well-being ofthe City of Chicago and its residents to encourage the employment of Chicago residents to perform small cell work performed on public property in the City of Chicago; and
WHEREAS, the purpose of this ordinance is to promote public safety by establishing minimum standards that must be satisfied by any person or entity seeking to perform small cell work on public property in the City of Chicago and to promote the economic well-being of the City and its residents by encouraging the employment of Chicago residents to perform this small cell work; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CHICAGO:
SECTION 1. Section 10-30-020 ofthe Municipal Code of Chicago is hereby amended by inserting the language underscored and by deleting the language struck through, as follows:
10-30-20 Permit required.
No telecommunications provider shall install or maintain any telecommunications equipment on, over or under the public way without first having obtained a telecommunications provider permit issued by the commissioner pursuant to this chapter, after consultation with the executive director.
The commissioner shall deny the issuance of a permit under this chapter, or shall revoke any such permit, efrly- if:
the commissioner determines that the installation or maintenance of the telecommunications equipment would endanger public health or safety or otherwise inconvenience the public; or
the commissioner determines that the telecommunications provider has not paid any applicable infrastructure maintenance fee or license fee; has not provided any security required pursuant to this chapter or regulations issued thereunder; has not complied with the requirements of subsections (c) or (d) ofthis section: has not complied with specifications prescribed under this chapter; or has otherwise failed to comply with the provisions ofthis Code, or any rules or regulations adopted pursuant thereto.
In the interest or public safety, in order to qualify for a permit under this chapter, anv person or entity applying for a permit must submit evidence of compliance with the following reguirements:
All individuals performing said work have successfully completed or are actively participating in an apprenticeship and training program for outside electrical work which is approved bv and registered with (a) the United States Department of Labor Office of Apprenticeship, (b) a Standards Recognition Entity recognized bv the United States Department of Labor for an Industry-Recognized Apprenticeship Program, or (c) a State Apprenticeship Agency, and which is applicable to anv outside electrical work to be performed under the permit. Such evidence of completion or participation must be submitted on behalf of each and every entity whose employees or workers are to perform work under the permit.
A statement of compliance with the Illinois Prevailing Wage Act and an agreement to pay not less than the general prevailing wage and fringe benefit rates for work of a similar character on public works in Cook County, as published bv the Illinois Department of Labor, to all laborers, workers and mechanics performing anv construction, installation, alteration, maintenance, or repair work under the permit.
Each entity whose employees are to perform work under the permit shall give preference to Citv residents when hiring employees to perform said work. "Citv residents" means persons domiciled within the Citv of Chicago.
Anv contractors or subcontractors used, hired, or contracted bv a telecommunications provider to perform anv construction, installation, alteration, maintenance, or repair work under a permit issued under this chapter must comply with the reguirements prescribed under this chapter, including specifically the reguirements of subsection (c) of this section. The telecommunications provider must obtain an agreement in writing from anv contractor or subcontractor agreeing to be bound bv the reguirements of this chapter and all other applicable rules and regulations.
Anv telecommunications provider or anv contractor or subcontractor used, hired, or contracted bv a telecommunications provider, found to be in violation of the reguirements of subsection (c) or (d) ofthis section shall be subject to an automatic and immediate revocation of anv and all permits issued to them under this chapter, and shall be thereafter prohibited from receiving anv further permits under this chapter and from performing anv construction, installation, alteration, maintenance, or repair work under a permit issued under this chapter for a period of four years. This prohibition on future permits and future work shall apply to the violating entity as well as anv alter-ego entity and anv entity which shares with the violating entity a substantial similarity in business, ownership, and employees.
SECTION 2. Upon passage and approval of this ordinance, the Commissioner of the Department of Transportation ofthe City of Chicago shall, in accordance with Section 10-30-050 ofthe Municipal Code of Chicago, establish rules and amend any existing rules as necessary in order to incorporate the new standards and requirements set forth in this ordinance.
SECTION 3. This ordinance shall take effect upon its passage and approval.
Susan Sadlowski Garza Alderwoman, 10th Ward
Chairwoman, Committee on Workforce Development
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