[Adopted 5-10-2004 by Ord. No. 2477; amended
in its entirety 11-9-2015 by Ord.
No. 3031]
Except as otherwise provided, no person shall maintain, own,
erect or construct any building or structure, or any part thereof,
or cause the same to be done which fails to support adequate radio
coverage for Township Police, Fire and EMS personnel. For purposes
of this article, "adequate radio coverage" shall include all of the
following:
A.
Buildings and structures shall be equipped with any of the following
in order to achieve the required adequate radio coverage: a radiating
cable system or an internal multiple-antenna system with FCC type
accepted bidirectional VHF amplifiers to include Fire, Police and
EMS radio networks as needed to encompass Lehigh County
B.
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 automatically charge
in the presence of external power input. There shall be no connectivity
between the amplification system and fire alarm system. This system
shall be designed to operate in conjunction with equipment utilized
by the Lehigh County Communications Center and the Whitehall Township
Bureau of Police Fire and EMS.
C.
Any bidirectional amplifier unit shall be enclosed in a cabinet with
suitable access for servicing the unit. If installed in outdoor or
unprotected locations, the cabinet shall be weatherproof stainless
steel meeting NEMA standards for weatherproof installations.
D.
The unit shall be installed in a secured environment to prevent tampering.
This requirement may be met by the use of a lock on the cabinet or
by installing the unit within a secured room. Only authorized radio
communications technicians are permitted to make adjustments to these
systems.
E.
Township Police, Fire or EMS shall have access to the equipment at
all times. A Knox-Box® is required for any building or structure
which is required to have radio amplification equipment under this
article.
F.
Each signal amplification system shall comply with and be updated
to current industry technology standards as adhered to and implemented
by Lehigh County, as they may change from time to time.
A.
Acceptance test procedure.
(1)
New construction.
(a)
Upon completion of construction of the structure and at such
time as the commercial structure shall become fully operational, it
will be the building owner's responsibility to have the communication
system tested to ensure that two-way coverage on each floor of the
building is a minimum of 95% and shall properly interface with the
total county communication design. Said test will be conducted within
30 days of issuance of an occupancy permit. For multitenant buildings,
this test shall be conducted within 30 days of the occupancy of 50%
of the total building area or at such time as deemed necessary by
the Township.
(b)
Each floor of the building shall be divided into a grid of 12
equal areas. A maximum of two nonadjacent areas will be allowed to
fail the test. In the event that three of the areas fail the test,
in order to be more statistically accurate, the floor may be divided
into 24 equal areas. A maximum of four nonadjacent areas will be allowed
to fail the test.
(c)
After the second area test, if the building continues to fail,
it will be the building owner's responsibility to have an amplification
system installed to meet the coverage requirement of 95%.
(d)
The test shall be conducted using public safety portable radio,
or equivalent portable radio, talking through the Lehigh County Communications
System. A spot located approximately in the center of a grid area
will be selected for the test, then the radio will be keyed to verify
two-way communications to and from the outside of the building through
the Lehigh County Communications System. Once the spot has been selected,
prospecting for a better spot within the grid area will not be permitted.
(e)
If the newly constructed and fully operational building fails
the test, it will be the building owner's responsibility to bring
the building or structure into compliance with this article at the
owner's sole expense within 90 days from the date such work is
contracted and within 180 days of the date of the determination of
noncompliance of the building or structure with this article.
(f)
The gain values of all amplifiers shall be measured and the
test measurement results shall be kept on file with the building owner
so that the measurements can be verified each year during the annual
tests. In the event that the measurement results become lost, the
building owner will be required to rerun the acceptance test to reestablish
the gain values.
(2)
Existing structures. Upon notification from the Township Police,
Fire or EMS personnel, the Township will initiate, at its expense,
a radio system test to insure the two-way coverage on each floor of
the building is a minimum of 95%. The test shall be conducted using
a public safety portable radio, or equivalent portable radio, talking
through the Lehigh County Communications System. If the existing building
fails the test, the Township will transmit the results of the test
to the building owner. It will be the building owner's responsibility
to bring the building or structure into compliance with this article
at the owner's sole expense within 90 days from the date such
work is contracted and within 180 days of the date of the determination
of noncompliance of the building or structure with this article.
B.
Annual tests for new construction and existing structures. When an
in-building radio system is required, it shall be the building owner's
responsibility to have all active components of the system, such as
amplifiers and power supplies and backup batteries, tested to a minimum
of once every 12 months. The annual test results shall be supplied
to the Township within 18 months next following the original technical
certification. Amplifiers shall be tested to ensure that the gain
is the same as it was upon initial installation and acceptance. Backup
amplifiers shall be tested to ensure that the gain is the same as
it was upon initial installation and acceptance. Backup batteries
and power supplies shall be tested under load of a period of one hour
to verify that they will properly operate during an actual power outage.
If within the one-hour test period, and in the opinion of the testing
technician, the battery exhibits symptoms of failure, the test shall
be extended for additional one-hour periods until the integrity of
the battery can be determined. All other active components shall be
checked to determine that they are operating within the manufacturer(s)
specifications for the intended purpose.
Personnel conducting radio system tests shall be qualified to
perform the work. All tests shall be documented and signed by a person
in possession of a current technician certification. All test records
shall be retained on the inspected premises by the building owner
and a copy submitted to the Township.
The building owner shall submit to the Township a design for
any required amplification system to achieve the required adequate
radio coverage. The Township shall transmit to the county the design
for review by its technical advisor or his/her designee. Should the
design, as submitted, comply with the county design criteria for the
building or structure, the county shall issue a conditional approval
of the design, as submitted. After installation of the amplification
system in the building or structure, the communication interface shall
be tested and, if found to be in compliance with the provisions of
this article, a technical certificate of compliance shall be issued.
The county or its designee and the Township shall each signify their
respective approval and consent to the issuance of the technical certificate
of compliance. The technical certificate of compliance shall be issued
by the Township, provided that all fees exacted therefor are paid
in full.
This article shall not apply to residential buildings in the
use group R-3 pursuant to the Whitehall Township Building Code (the
Uniform Construction Code, as amended). Parking structures and stairwells
are included in the definition of "building," but elevators may be
excluded.
A.
When any required police, fire and EMS communication enhancement
system is installed and becomes inadequate or inoperative thus affecting
the safety of a building, structure or the occupants therein, the
Township shall order the system, unit or device to be repaired or
upgraded as necessary and returned to service within 60 days. It shall
be the responsibility of the building owner or occupant to make repairs,
alterations or additions to maintain operability of the system.
B.
Any person who violates any provision of this article shall be subject
to a fine not to exceed $1,000, plus costs of prosecution, including
attorneys' fees incurred by the Township; provided, further,
that each day's violation of any provision of this article after
the expiration of the one-hundred-eighty-day notice of noncompliance
period shall constitute a separate offense, and the violation of each
section hereof shall constitute a separate offense.
C.
Should any person refuse, neglect or fail to comply with any provision
of this article or with any notice given in conformity with or pursuant
to the provisions hereof, the Township through its own agents, contractors
and/or employees may cause the system, unit or device to be repaired
or upgraded as necessary at the owner's sole expense. The cost
and expense thereof shall be certified to the Township Solicitor,
who shall enter the same as a lien against the property in the Court
of Common Pleas and shall proceed to collect the same in like manner
as other municipal claims are by law collectible. An action of assumpsit
may be brought to recover the same in the name of the Township from
the owner.
D.
It has been determined by the Township that the construction and
maintenance of any building or structure, or part thereof, that interferes
with the Township Police Department and county operational telecommunications
networks constitutes a nuisance, per se, because it threatens the
health, safety and welfare of the residents and visitors to Whitehall
Township. In addition to any other remedies or enforcement procedures
provided herein, Whitehall Township may seek an injunction to restrain
such a nuisance.
E.
The Mayor or his or her designee is charged with the enforcement
of this article.
