[HISTORY: Adopted by the Mayor and Council of the Town of Secaucus 11-10-2020 by Ord. No. 2020-21. Amendments noted where applicable.]
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning.
APPROVED RF ENGINEER
A radio frequency engineer having the credentials and experience as listed in the Town's Technical Bulletin for Emergency Responder Radio Coverage In-Building.
BUILDING
Any structure purposed for one or more of the following uses: commercial, industrial, hotel/motel, multifamily with 20 units or more or any structure determined by need by the Construction Official for an in-building emergency responder radio coverage system. For the purposes of this section, the term "building" shall be construed to include parking structures, elevators and stairwells.
CERTIFICATE OF OCCUPANCY
The certificate indicating that the construction authorized by the construction permit has been completed in accordance with the construction permit, the State Uniform Construction Code[1] and any ordinance implementing said Code.
OWNER
The owner or owners in fee of the property or a lesser estate therein, a mortgagee or vendee in possession, an assignee of rents, receiver, executor, trustee, lessee or any other person, firm or corporation directly or indirectly in control of a building, structure, or real property and shall include any subdivision thereof of the state.
TECHNICAL BULLETIN FOR EMERGENCY RESPONDER RADIO COVERAGE IN-BUILDING
An informational sheet prepared by the Town of Secaucus' Construction Department, Bureau of Fire Prevention and Police Department containing current information to aid in the testing, design, installation, and maintenance of in-building emergency responder radio coverage systems (ERRCS) within the Town. A current copy shall be kept on file in the Town Clerk's office.
[1]
Editor's Note: See N.J.A.C. 5:23.
A. 
Building radio coverage. 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 Town emergency service workers, including but not limited to firefighters, police officers and emergency medical technicians.
B. 
Riser/raceway requirements.
(1) 
Any person who constructs, develops or modifies a commercial or industrial building or structure subject to this chapter shall provide two risers or raceways on opposite sides of the structure and within the walls into which the cable needed to support a multiple antenna system could be laid.
(2) 
Such riser or raceway shall have a two-hour fire rating and include an opening in the roof which allows for installation or replacement of an exterior antenna and shall include access to each floor.
(3) 
No temporary certificate of occupancy or certificate of occupancy shall be issued for a new building prior to receiving written certification from the Town Construction Official stating that the aforementioned system has been completed and that the building supports adequate radio coverage as defined in this section.
C. 
Building additions and alterations. Except as otherwise provided, no person shall erect, change the zoning use of, construct an addition of more than 50% in gross floor area or perform an alteration to more than 50% in gross floor area to any building or structure which exceeds 10,000 square feet in gross floor area, including any portions thereof which may be located below grade, which fails to support adequate radio coverage for Town emergency service workers.
D. 
Adequate coverage provisions. For purposes of this section, radio coverage and signal strength shall be in accordance with the International Fire Code (IFC) Section 510 and the Uniform Construction Code (UCC) as appropriate, including any amendments. The adopted version of IFC 510, any approved variations and the frequency ranges which must be supported shall be established by the Town of Secaucus as being necessary for public safety purposes. Such shall be specified in the Town's Technical Bulletin for Emergency Responder Radio Coverage In-Building.
E. 
Additional frequencies and change of frequencies. All building owners shall be required to modify or expand the public safety radio system at their expense in the event frequency changes are made by the Town or are required by the Federal Communications Commission (FCC) or additional frequencies are made available by the Federal Communications Commission (FCC). This is an advisory statement so that the building owner may select equipment and distribution components that are capable of such changes. Prior approval of a system on previous frequencies does not exempt this section.
F. 
For all emergency responder in-building radio coverage systems (ERRCS), the current version of the Town's Technical Bulletin for Emergency Responder Radio Coverage In-Building shall be adhered to and all requirements met by the owner or contractor to the satisfaction of the Construction Official.
A. 
Initial test for new construction, changes in zoning and building alterations.
(1) 
Each building shall be tested to determine its level of first responder radio coverage, with the test described in the Town's Technical Bulletin. The proposed test plan shall be submitted by an approved RF engineer and provided in a format acceptable to the Town Construction Official, who may have the results reviewed by a third-party qualified consultant.
(2) 
Once approved, the test shall be performed with written results provided to the Town Construction Official, who may have the results reviewed by a third-party qualified consultant.
(3) 
Should the test determine that the building requires the installation of a first responder radio system, the system's proposed design shall be submitted by an approved RF engineer, in a format acceptable to the Town Construction Official, who may have the results reviewed by a third-party qualified consultant. Construction of the system shall not begin until the design is approved.
(4) 
Upon completion of the installation or expansion of an in-building radio system required pursuant to this section, the building owner shall have a proposed test plan submitted by an approved RF engineer, in a format acceptable to the Town Construction Official, who may have the results reviewed by a third-party qualified consultant. Once approved, said radio system shall be tested in the manner described herein to ensure that an overall two-way coverage within the building, outside of the building and all areas located below grade, meets the current minimum reliability factor and other requirements of the current version of the Town's Technical Bulletin for Emergency Responder Radio Coverage In-Building.
(5) 
Additionally, on-site testing may be performed by the Town Construction Official, the Town Fire Official, Bureau of Fire Prevention, the Secaucus Police Department or Department designees and any other first responder agencies deemed important for safety in the location utilizing current radio systems.
(6) 
Testing shall be performed by an approved RF engineer and provided in a format acceptable to the Town Construction Official. It is the responsibility of the owner to have such testing performed and provide the results to the Town Construction Official, who may have the results reviewed by a third-party qualified consultant. The fee for the municipal review and any rereviews required shall be paid out of the escrow account established in accordance with § 65-1 et seq. The review of the initial test, proposed ERRCS design, proposed test plans, results of final system test, and annual retests, and review of rejected tests/designs/test plans shall be performed at no cost to the Town or any emergency service department.
(7) 
A temporary certificate of occupancy or certificate of occupancy shall not be issued to any structure if the building fails to comply with this section.
B. 
Annual tests.
(1) 
Annual tests, consisting of a preventive maintenance inspection of all equipment and a coverage certification, shall be conducted by an approved RF engineer and provided in a format acceptable to the Town Fire Official, Bureau of Fire Prevention. Annual reports shall certify that radio coverage and signal strength is in accordance with the International Fire Code (IFC) Section 510, the Uniform Construction Code (UCC) and any other applicable regulations, including the Town's Technical Bulletin for Emergency Responder Radio Coverage In-Building. It is the responsibility of the owner to have such testing performed and provide the results to the Town Fire Official, Bureau of Fire Prevention, at no cost to the Town or any emergency service department.
(2) 
The method proposed for the annual test shall be submitted by an approved RF engineer, in a format acceptable to the Town Fire Official, Bureau of Fire Prevention, who may have the results reviewed by a third-party qualified consultant. Once approved, the said radio system shall be tested in the manner described herein to ensure that an overall two-way coverage within the building, including all areas located below grade, meets the current minimum reliability factor and the current version of the Town's Technical Bulletin for Emergency Responder Radio Coverage In-Building.
C. 
Changes to amplification systems. Tests shall be performed by the owner whenever repairs or alterations are made to ERRCS systems to demonstrate that adequate radio coverage is available in all required areas of the building to the level as proven by the system's last coverage test. The test plan and the resultant testing report shall be provided in a format acceptable to the Town Fire Official, Bureau of Fire Prevention. Testing shall not commence until the test plan has been approved. It is the responsibility of the owner to have such testing performed and provide the results to the Town Fire Official, Bureau of Fire Prevention, at no cost to the Town or any emergency service department.
D. 
Structural changes and changes in use. Tests shall be conducted whenever changes in use or structural changes occur, including additions to buildings that would materially change the original field performance tests. The test plan and testing report shall be provided in a format acceptable to the Town Fire Official, Bureau of Fire Prevention. Testing shall not commence until the test plan has been approved. It is the responsibility of the owner to have such testing performed and provide the results to the Town Fire Official, Bureau of Fire Prevention, at no cost to the Town or any emergency service department.
A. 
Operation only with certificate. No building shall operate a device which rebroadcasts any radio frequency(ies) licensed by the Federal Communications Commission (FCC) to the Town of Secaucus without obtaining a certificate to rebroadcast Secaucus radio frequencies from the Town of Secaucus.
B. 
Term of certificate. The certificate to rebroadcast Secaucus radio frequencies shall be valid for a period of one year.
C. 
Issuance of certificate. The certificate to rebroadcast Secaucus radio frequencies shall be issued to buildings that have successfully passed their initial ERRCS system test and to buildings that have successfully passed their annual ERRCS test.
D. 
Fee. The fee for a certificate to rebroadcast Secaucus radio frequencies shall be $100.
A. 
Active amplification. Active amplification devices shall be of a type accepted by the Federal Communications Commission (FCC).
B. 
Failed devices. It is incumbent upon the building owner to provide for repair services promptly, within 30 days, to immediately correct issues if the amplification device has failed or is creating interference to any public safety agency. Failed systems or those removed from service due to interference shall be immediately reported to the Town Fire Official, Bureau of Fire Prevention. Any repair shall be completed within a thirty-day period or within a time period approved by the Town Fire Official, Bureau of Fire Prevention. The Town Fire Official, Bureau of Fire Prevention, may mandate other safety measures be in place until the system is functional. The Town Fire Official, Bureau of Fire Prevention, shall conduct follow-up inspections to ensure service has been completed and the system has been restored.
C. 
Follow-up inspections. In instances of failed devices, follow-up inspections shall be conducted by the Town Fire Official, Bureau of Fire Prevention. If deemed necessary by the Town Fire Official, in their sole discretion, on-site testing shall be performed by the Town Construction Official, the Town Fire Official, the Bureau of Fire Prevention, the Secaucus Police Department or Department designees and any other first responder agencies deemed important for safety in the location.
The Town Construction Official, the Town Fire Official, the Bureau of Fire Prevention, the Secaucus Police Department or Department designees, after providing reasonable notice to the owner or their 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.
Any person found to be in violation of this chapter shall, upon certification of said violation by the Town Fire Official, Bureau of Fire Prevention, be subject to fines and penalties pursuant to the Uniform Fire Code and the Uniform Construction Code. The continuation of such violation for each successive day shall constitute a separate offense. In addition, a temporary certificate of occupancy or certificate of occupancy shall not be issued for a building if it fails to comply with this chapter.