[HISTORY: Adopted by the Borough Council of the Borough of Catasauqua 11-2-2015 by Ord. No. 1321. Amendments noted where applicable.]
Uniform Codes — See Ch. 130.
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 that fails to support adequate radio coverage for Borough police officers. For purpose of this chapter, "adequate radio coverage" shall include all of the following:
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 as needed to encompass Lehigh County VHF frequencies 154.830/158.850. 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 Borough of Catasauqua Police Department.
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.
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.
Borough Police shall have access to the equipment at all times. A Knox Box is required for any building or structure that is required to have radio amplification equipment under this chapter.
Each signal amplification system shall comply and be updated to current industry technology standards, as adhered to and implemented by Lehigh County, as they may change from time to time.
Acceptance test procedure.
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 the Borough.
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.
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 90%.
The test shall be conducted using a Motorola MT 2000, 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.
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.
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.
Existing structures. Upon notification from the Borough Police, the Borough will initiate, at its expense, a radio system test to ensure the two-way coverage on each floor of the building is a minimum of 90%. The test shall be conducted using a Motorola MT 2000, or equivalent, portable radio, talking through the Lehigh County Communications System. If the existing building fails the test, the Borough 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 determination of noncompliance of the building or structure with this chapter.
Annual test 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 a minimum of once every 12 months. The annual test results shall be supplied to the Borough 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 manufacturers' 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 Borough.
The building owner shall submit to the Borough a design for any required amplification system to achieve the required adequate radio coverage. The Borough 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 chapter, a technical certificate of compliance shall be issued. The county or its designee and the Borough 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 Borough, provided that 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 Borough of Catasauqua Building Code (the Uniform Construction Code, as amended). Parking structures and stairwells are included in the definition of "building," but elevators may be excluded.
When any required police communication enhancement system is installed and becomes inadequate or inoperative, thus affecting the safety of a building, structure or the occupants therein, the 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.
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 the 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.
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, the 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 the 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 the Borough from the owner.
It has been determined by the Borough that the construction and maintenance of any building or structure, or part thereof, that interferes with the Borough 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 the Borough of Catasauqua. In addition to any other remedies or enforcement procedures provided herein, the Borough of Catasauqua may seek an injunction to restrain such a nuisance.
The Mayor or his or her designee is charged with the enforcement of this chapter.