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 New Garden 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, have the meanings shown herein.
APCO
The Association of Public Safety Communications Officials
International.
CCDES
The Chester County Department of Emergency Services.
FCC
The Federal Communications Commission.
NPSPAC
The National Public Safety Planning Advisory Committee.
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 bi-directional 700/800 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.
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 the required
level of radio coverage is present.
This chapter does not apply to structures in Use Groups R-3
and R-4, any building constructed of wood frame or 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 the 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
approved as of the effective date of this chapter shall comply with
the requirements of this chapter if the CCDES, Avondale Fire Department
or New Garden Police Department determines that adequate radio coverage
as defined in § 83-3 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 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 fine in the amount not to exceed
$1,000, plus all court costs. Each day that a violation of this chapter
continues or each section of this chapter which shall be found to
have been violated shall constitute a separate offense. 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.