Township of Upper Allen, PA
Cumberland County
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[HISTORY: Adopted by the Board of Commissioners of the Township of Upper Allen 12-11-2001 by Ord. No. 553. Amendments noted where applicable.]
Fire Marshal/Fire Prevention Officer — See Ch. 26.
Uniform construction codes — See Ch. 112.

§ 192-1 Definitions.

The following terms shall have the following meanings for purposes of this chapter:
Radio frequencies between 806 and 870 MHz.
Emergency Operations Center.
Buildings that meet one or more of the following characteristics.
Gross building size of 32,000 square feet or more.
[Amended 4-3-2013 by Ord. No. 707]
High concentration of steel or machinery.
Nursing homes.
Schools or colleges, including elementary, secondary, post-secondary, public and private.
107 dbm/l (micro-volt) or as set forth by the Cumberland County Office of Emergency Preparedness.
Police, fire and emergency medical personnel and as set forth by the Upper Allen Township Board of Commissioners.

§ 192-2 Administration.

Upper Allen Township has determined to participate in an integrated and coordinated 800 MHz public safety radio system, involving police, fire, emergency medical services and other public safety users within Cumberland County and many municipalities located within said county.
In order for the 800 MHz radio equipment to be employed by Upper Allen Township and other participating public safety personnel to communicate effectively from the belt of public safety personnel who may enter any structure, all buildings must have a minimum ninety-five-percent radio coverage with a reliability factor of 95% on each floor of the building, at a minimum signal strength in the 800 MHz band. The owner(s) and/or building contractor shall provide Upper Allen Township with a certification that the building has the minimum radio coverage meeting the requirements of this subsection.
[Amended 4-3-2013 by Ord. No. 707]
Upper Allen Township, in keeping pace with changes in building construction technology, has determined that there may be certain buildings located within Upper Allen Township which, due to the large size of the structure and/or other characteristics of the construction and/or design, may not be able to accommodate communications among public safety personnel who may be called to the premises of such buildings and structures to respond to public safety situations.
Whenever it is determined that the characteristics of a large building are such that the signal strength is not sufficient to allow public safety personnel to communicate reliably with the EOC, Upper Allen Township shall require the owner(s) and/or building contractor of said large building to install bidirectional amplifiers in or on the building to remedy the communications problem and reach the coverage criteria set forth in this chapter or otherwise required by the integrated public safety radio system.

§ 192-3 Enforcement; violation and penalties.

The Upper Allen Township Code Enforcement Officer and the Upper Allen Township Fire Marshall are hereby appointed as the designated officials who are authorized to carry out all responsibilities and duties slated herein.
Upon determination by the appropriate Township officials that bidirectional amplifiers must be installed in a large building in accordance with this chapter, then said Township officials shall give notice to the owner(s) of such large building to install the said speakers. In the event the applicable large building owner(s) fails to install the required speakers within 30 days of the said notice, then the appropriate Township officials shall bring an enforcement action before the District Justice.
Liability for violation shall result in a civil judgment of not more than $1,000, plus costs and attorneys' fees incurred by the Township in enforcing this chapter, but no violation shall be deemed to have occurred nor any judgment be commenced, imposed or paid until a final determination is made. In case the defendant fails to pay or to appeal the judgment in a timely manner, the Township may enforce the judgment pursuant to applicable rules of civil procedure. Each day that the violation continues shall constitute a separate violation, unless it is determined that a good-faith basis existed for the violation, in which case there shall be deemed only one violation until the fifth day following the violation; thereafter, each day shall constitute a separate violation.
[Amended 4-3-2013 by Ord. No. 707]