Township of Upper Allen, PA
Cumberland County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Commissioners of the Township of Upper Allen 12-11-2001 by Ord. No. 553; amended in its entirety 12-20-2017 by Ord. No. 770. Subsequent amendments noted where applicable.]
Fire Marshal/Fire Prevention Officer — See Ch. 26.
Uniform construction codes — See Ch. 112.
The following terms shall have the following meanings for purposes of this chapter:
Radio frequencies between 806 and 870 MHz.
A vendor capable of installing a BDA or DAS who has a current FCC license (or equivalent) for two-way radio on file with the Department of Public Safety, Cumberland County, Pennsylvania.
Bi-directional amplifier.
Cumberland County Department of Public Safety, Technical Systems.
Any large building or enclosure used or intended for use in the operation of one or more business enterprises for the sale and distribution of any product, commodity, article or service used or intended for use for any social, amusement, religious, educational, charitable or public purpose, and shall include institutional dormitories, individual condominium units and integral units within a single structure (such as "flex-space offices"). Includes the gross floor area, including storage areas, basements, attics, and stairwells.
Distributed antenna system.
DAQ 1: Unusable. Speech present but not understandable.
DAQ 2: Speech understandable with considerable effort. Requires frequent repetition due to noise or distortion.
DAQ 3: Speech understandable with slight effort. Requires occasional repetition due to noise or distortion.
DAQ 3.4: Speech understandable without repetition. Some noise or distortion present.
DAQ 4: Speech easily understandable. Little noise or distortion.
DAQ 4.5: Speech easily understandable. Rare noise or distortion.
DAQ 5: Perfect. No distortion or noise discernible.
Emergency Communications Center.
Federal Communications Commission.
Frequency range(s) being used will be determined by the Cumberland County Department of Public Safety, Technical Systems (CCDPS).
Buildings that meet one or more of the following characteristics:
Gross building size of 32,000 square feet or more.
High concentration of steel or machinery.
Nursing homes.
Schools or colleges, including elementary, secondary, post-secondary, public and private.
Minus (-) 95 dBm (milliwatts) or as set forth by Cumberland County Department of Public Safety.
National Fire Protection Association.
Police, fire and emergency medical personnel, and as set forth by the Upper Allen Township Board of Commissioners.
Telecommunications Industry Association/Telecommunications Systems Bulletin.
Upper Allen Township has determined to participate in an integrated and coordinated public safety radio system, involving police, fire, emergency medical services and other public safety users within Cumberland County and many municipalities located within said county.
In order for the radio equipment to be employed by Upper Allen Township and other participating public safety personnel to communicate effectively from the belt of public safety personnel who may enter any structure, all buildings must have a minimum ninety-five-percent radio coverage with a reliability factor of 95% on each floor of the building, at a minimum signal strength in the 800 MHz band or other frequency range as approved by the Cumberland County Department of Public Safety, Technical Systems (CCDPS). The owner(s) and/or building contractor shall provide Upper Allen Township with a certification that the building has the minimum radio coverage meeting the requirements of this subsection.
Upper Allen Township, in keeping pace with changes in building construction technology, has determined that there may be certain buildings located within Upper Allen Township which, due to the large size of the structure and/or other characteristics of the construction and/or design, may not be able to accommodate communications among public safety personnel who may be called to the premises of such buildings and structures to respond to public safety situations.
Whenever it is determined that the characteristics of a large building are such that the signal strength is not sufficient to allow public safety personnel to communicate reliably with the ECC, Upper Allen Township shall require the owner(s) and/or building contractor of said large building to install bidirectional amplifiers in or on the building to remedy the communications problem and reach the coverage criteria set forth in this chapter or otherwise required by the integrated public safety radio system.
Upper Allen Township adopts Appendix A, "Emergency Radio Communications System In-Building Certification Requirements," and Appendix B, "Coverage/Acceptance Test Plan," as may be amended from time to time by resolution[1] as the radio communication system in-building certification requirements and coverage/acceptance test plan and rules and regulations of the Township of Upper Allen Township.
Editor's Note: Appendixes A and B are on file in the Township offices.
The Upper Allen Township Code Enforcement Officer and the Upper Allen Township Fire Marshall are hereby appointed as the designated officials who are authorized to carry out all responsibilities and duties slated herein.
Upon determination by the appropriate Township officials that bidirectional amplifiers must be installed in a large building in accordance with this chapter, then said Township officials shall give notice to the owner(s) of such large building to install the said bidirectional amplifier. In the event the applicable large building owner(s) fails to install the required speakers within 30 days of the said notice, then the appropriate Township officials shall bring an enforcement action before the District Justice.
Liability for violation shall result in a civil judgment of not more than $1,000, plus costs and attorneys' fees incurred by the Township in enforcing this chapter, but no violation shall be deemed to have occurred nor any judgment be commenced, imposed or paid until a final determination is made. In case the defendant fails to pay or to appeal the judgment in a timely manner, the Township may enforce the judgment pursuant to applicable rules of civil procedure. Each day that the violation continues shall constitute a separate violation, unless it is determined that a good-faith basis existed for the violation, in which case there shall be deemed only one violation until the fifth day following the violation; thereafter, each day shall constitute a separate violation.