The Board of Supervisors finds that the ability
of police, fire, ambulance, and other emergency providers and personnel
to communicate with each other within buildings and structures, and
to communicate from within structures and buildings to personnel and
locations outside the building and structure, is of vital public importance.
A breakdown in communications among emergency providers and personnel
creates a serious risk of harm to and is a serious threat to the safety
and welfare of emergency personnel, the citizens of West Whiteland
Township and the public in general. Therefore, pursuant to the police
power, the Board enacts this chapter to protect the public health,
safety, and welfare.
The following words and terms shall, for the
purposes of this chapter and as used elsewhere in this Code, have
the meanings shown herein.
APCO
Association of Public Safety Communication Officials International.
NABER
National Association of Business and Education Radio.
CCDES
Chester County Department of Emergency Services.
PCIA
Personal Communications Industry Association.
FCC
Federal Communications Commission.
NPSPAC
National Public Safety Planning Advisory Committee.
[Amended 2-10-2016 by Ord. No. 432]
Buildings and structures which cannot support the required level
of radio coverage shall be equipped with either a radiating cable
system or an internal multiple antenna system with or without FCC
type accepted bidirectional 800 MHz amplifiers as needed. If any part
of the installed system or systems contains an electrically powered
component, the system shall be capable of operating on an independent
battery and/or generator system for a period of at least 12 hours
without external power input. The battery system shall charge in the
presence of an external power input. If used, bidirectional amplifiers
shall include filters to reduce adjacent frequency interference at
35 dB below the NPSPAC band. Settings used should not attenuate the
NPSPAC frequencies and further provided that they are not more than
one MHz from the NPSPAC frequencies.
Police and fire personnel, after providing reasonable
notice to the owner or his representative, shall have the right to
enter onto the property to conduct field testing to be certain that
the required level of radio coverage is present.
This chapter shall not apply to structures in
Use Groups R-3 and R-4 of the International Building Code, any building
constructed of wood frame, any building 35 feet high or less, as long
as none of the aforementioned buildings make use of any metal construction
or any underground storage or parking areas. For purposes of this
chapter, parking structures and stairwells are included in the definition
of "building" and stair shafts are included in the definition of "all
parts of a building," but elevators may be excluded.
Any nonexempt building or structure existing, under construction or for which a building permit application is pending or has been provided as of the effective date of this chapter, shall comply with the requirements of this chapter if the CCDES, West Whiteland Township Fire Department or West Whiteland Township Police Department determines that adequate radio coverage as defined in §
148-3 of this chapter does not exist in the building or structure. The owner of the building or structure shall be notified, in writing, of the inadequacy of the coverage and shall have a period of 90 consecutive calendar days from the date of the notice to comply with this chapter, including but not limited to enhancing radio coverage and bringing it within the acceptable limits of this chapter.
Any person who violates or commits the violation
of any provision of this chapter shall be subject to a fine in the
amount of at least $150, but not to exceed $1,000, plus all court
costs. In addition, the Township, through its Solicitor, may institute
injunctive, mandamus or any other appropriate action or proceeding
at law or in equity for the enforcement of this chapter.