[HISTORY: Adopted by the Borough Council of the Borough of
Tullytown 8-4-2009 by Ord. No. 326. Amendments noted where applicable.]
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 Tullytown Borough emergency services personnel. For purposes of
this section "adequate radio coverage" shall include all of the following:
A.
A minimum signal strength of-90 dBm available in 90% of the area
of each floor of the building for two-way portable transmissions when
transmitted to the closest Bucks County Police Communications System
site(s).
A.
Building 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 UHF/UHF amplifiers as needed to encompass the
licensed Bucks County Emergency Services frequencies. 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 Bucks County Communications
Center and the Tullytown Borough Emergency Services Agencies.
B.
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.
C.
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.
D.
Tullytown Borough Police Department and/or Pennsylvania State Police
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 chapter.
E.
Each signal-amplification system shall comply and be updated to current
industry technology standards, as adhered to and implemented by Bucks
County and Pennsylvania State Police Communications Centers, 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 90% 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
Tullytown Borough.
(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 90% coverage requirement.
(d)
The
test shall be conducted using a current portable radio of the type
in operation by the Borough of Tullytown Police Department or equivalent
portable radio, talking through the Bucks County Communication Systems.
A spot located approximately in the center of a grid area will be
selected for the test and then the radio will be keyed to verify two-way
communications to and from the outside of the building through the
Bucks County and Pennsylvania State Police Communication Systems.
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 chapter 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 chapter.
(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 Tullytown Borough
Police Department and/or Pennsylvania State Police, the Borough of
Tullytown 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
90%. The test shall be conducted using a portable radio of the type
in operation by the Tullytown Borough Police Department, or equivalent
portable radio, talking through the Bucks County Communication System.
If the existing building fails the test, the Borough of Tullytown
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 chapter 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 determinations of noncompliance
of the building or structure with this chapter.
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 Borough of Tullytown 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.
The building owner shall submit to the Borough of Tullytown
a design for any required amplification system to achieve the required
adequate radio coverage. Tullytown Borough shall transmit to the Bucks
County Department of Communications the design for review by its technical
advisory 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 chapter, a technical
certificate of compliance shall be issued. The County or its designee
and the Borough of Tullytown 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 Tullytown
Borough, provided all fees exacted therefor are paid in full.
This chapter shall not apply to: residential buildings in the
use group R-3 pursuant to the Tullytown Borough Building Code (the
Uniform Construction Code, as amended).[1] Parking structures and stairwells are included in the
definition of "building" but elevators may be excluded.
A.
When any required emergency services communication enhancement system
is installed and becomes inadequate or inoperative, thus affecting
the safety of a building, structure or the occupants therein, Tullytown
Borough 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 chapter, shall be subject
to a fine not to exceed $1,000, plus costs of prosecution, including
attorneys' fees incurred by Tullytown Borough, provided further
that each day's violation of any provision of this chapter 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 chapter or with any notice given in conformity with or pursuant
to the provisions hereof, Tullytown Borough, 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 Tullytown Borough
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 Tullytown Borough from the owner.
D.
It has been determined by the Borough of Tullytown that the construction
and maintenance of any building or structure, or part thereof that
interferes with the Borough of Tullytown Police Department, Pennsylvania
State Police and/or county operational telecommunications networks
constitutes a nuisance, per se, because it threatens the health, safety
and welfare of the residents and visitors to Tullytown Borough. In
addition to any other remedies or enforcement procedures provided
herein, Tullytown Borough may seek an injunction to restrain such
a nuisance.
E.
Tullytown Borough Council or designee is charged with the enforcement
of this chapter.
Contact information for the Bucks County Department of Communication
personnel responsible for assistance with this chapter, i.e., frequencies,
radio types, acceptable levels, shall be available through the Tullytown
Borough Police Department.
