HomeMy WebLinkAboutORD 1337 (2007)ORDINANCE N0.1337
AN ORDINANCE OF THE CITY OF TUSTIN, CALIFORNIA,
ADDING CHAPTER 10 TO ARTICLE 8 OF THE TUSTIN
CITY CODE RELATING TO IN-BUILDING PUBLIC SAFETY
RADIO SYSTEM COVERAGE
The City Council of the City of Tustin hereby ordains as follows:
Section 1. FINDINGS
A. The City of Tustin (City} provides public safety services through the Orange
County Fire Authority (OCFA) and the Tustin Police Department (TPD).
B. Both existing and increased development throughout the City have caused
interference to the 800 MHz Countywide Coordinated Communication System
used by the OCFA and TPD.
C. Said radio service degradation has caused a lack of coverage, quality, and
intelligibility for essential public safety emergency radio communication and,
as a result, is a potential threat to the safety of emergency workers and the
public.
D. This ordinance is adopted for the preservation of the public health, safety and
welfare. The fact justifying the adoption of the ordinance are that, in the
absence of this ordinance, public safety radio communications would be
compromised. As the City enjoys rapid growth, many buildings are being,
and have been, constructed within the City and some of these buildings have
been, and will in the future be, constructed out of substances (e.g. metal and
concrete), which impede and/or impair radio communications used by the
OCFA and TPD. The TPD and OCFA staff have been finding it increasingly
difficult to communicate effectively while in dense or subterranean residential
and commercial structures and with OCFA's and TPD's communications
centers during critical situations. As a result, public and emergency
personnel may face an increased risk of harm.
E. To minimize the danger to life caused by ineffective communication and to
promote the public health, safety, and welfare, all planned construction of new
buildings that do not provide for the necessary level of communication under
the 800 MHz Countywide Coordinated Communications System must be
equipped with technology that will allow effective and continuous radio
communication to be maintained.
Ordinance No. 1337
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F. The proposed ordinance constitutes a "local security standard" regulating the
erection, construction, or alteration of buildings pursuant to California Penal
Code Section 14051.
G. Therefore, the Tustin City Code shall be amended to add Chapter 10 to
Article 8, Sections 8950 - 8958 as follows:
CHAPTER 10. PUBLIC SAFETY RADIO SYSTEM COVERAGE
Section 8950. Intent and purpose.
The intent of the chapter is to provide a regulatory framework for the purpose of
providing effective 800 MHz Countywide Coordinated Communication System coverage
throughout the City for police and fire emergency services.
Section 8951. Definitions.
The following words, terms, and phrases when used in this chapter shall have the
meanings ascribed to them in this section, except where the context clearly indicates a
differing meaning:
City of Tustin Public Safety Radio System Coverage Specifications: Those
specifications designed to provide optimum coverage and radio effectiveness
within buildings and structures under the Countywide Coordinated
Communication System.
Countywide Coordinated Communication System: That radio system used
by local law enforcement, fire, lifeguard, and public works departments within the
County of Orange for emergency and non-emergency radio communication on
the 800 MHz radio band.
FCC-Certified Technician: An individual who is qualified with a General
Radiotelephone Operator License (GROL/PG~, or equivalent, to review design
plans and perform tests in affected structures to measure conformance with City
of Tustin Public Safety Radio System Coverage Specifications.
TPD: Tustin Police Department.
OCFA: Orange County Fire Authority.
OCSD/Communications: Orange County Sheriff-Coroner
DepartmentlCommunications Division.
Section 8952. Use and Occupancy.
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Except as otherwise provided, no person shall own, erect, construct, or occupy any
building or structure, or any part thereof, or cause the same to be done, which fails to
support adequate radio coverage for City emergency service workers operating on the
800 MHz Countywide Coordinated Communication System. Further, owners must
maintain a reasonable standard of reliable radio communication within their buildings
and structures once a Certificate of Occupancy is issued or a final inspection is
conducted. For the purposes of this section, adequate radio coverage shall include
those specifications in the City of Tustin Public Safety Radio System Coverage
Specifications set forth in Section 8958 (City of Tustin Public Safety Radio System
Coverage Specifications).
Section 8953. Exemptions.
This chapter shall not apply to the following:
A. Existing buildings or structures;
B. Elevators;
C. Structures that are three stories or less without subterranean storage or
parking; and
D. Wood-constructed residential structures four stories or less without
subterranean storage or parking.
Should construction that is three stories or less include subterranean storage or parking,
this ordinance shall apply only to the subterranean areas.
Section 8954. Testing procedures.
Initial and annual tests of radio coverage shall be conducted to show compliance
pursuant to those procedures and specifications in Section 8958.
Section 8955. Amplification systems permitted.
Buildings and structures that cannot support the required level of radio coverage shall
be equipped with amplification systems as specified in the City of Tustin Public Safety
Radio System Coverage Specifications, set forth in Section 8958, or any other system
approved by the OCSD/Communications, in writing.
Section 8956. Costs.
The FCC Certified Technician shall be employed by the owner, the engineer or architect
of record, or agent of the owner, but not the contractor or any other person responsible
for the building or structure construction. Payment of the FCC Certified Technician's
fee and costs shall not be made contingent upon the passage of the test.
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Section 8957. Noncompliance.
After discovery of noncompliance, the building owner is provided ninety (90) days to
remedy the deficiency and gain compliance. If the building owner fails to comply fully
with the ordinance within ninety (90) days after discovery of noncompliance, it is
considered a misdemeanor. An administrative penalty of $100.00 per day for non-
compliance shall be accrued each day after the ninety (90) day remedy period has
expired every day until compliance is obtained. This penalty with be placed as a lien on
the property.
Section 8958. City of Tustin Public Safety Radio System Coverage
Specifications
A. Performance. Specifications are provided to assist property owners in
satisfying a delivered audio quality (DAQ) of three with a 90 percent reliability
factor for emergency personnel using radio communication in their buildings
and structures. Property owners who can demonstrate full compliance with
the reliability factor without adhering to all of the following specifications may
be excused from all or part of these provisions. Property owners who adhere
to all of the specifications and fail to reach the reliability factor must employ all
resources necessary to ensure full compliance. Performance and compliance
shall be inspected annually as part of the local fire department's inspection.
B. Signal strength, signal rejection, modulation compatibility, and
delivered audio quality. The following defines the minimum required level of
radio signal strength:
1. Minimum signal strength of ~-95dBm) in 90 percent of the area of each
floor of the building from both the 800 MHz Countywide Communications
Systems and from within the building is required.
2. The frequency range supported from the 800 MHz Countywide
Communications System shall be 851 - 869 MHz abase transmitter
frequencies).
3. The frequency range supported to the 800 MHz Countywide
Communications System shall be 806 - 824 MHz (radio field transmit
frequencies).
4. A public safety radio amplification system shall include filters to reject
frequencies below 851 MHz and frequencies above 869 MHz by a
minimum of 35 dB.
5. All system components must be 100 percent compatible with analog and
digital modulations after installation without additional adjustments or
modifications. The systems must be capable of encompassing the
Ordinance No. 1337
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frequencies stated herein and capable of future modifications to a
frequency range subsequently established by the City of Tustin. If the
system is not capable of modification to future frequencies, then a new
system will need to be installed to accommodate the new frequency band.
6. Active devices shall have a minimum of -50 dB 3rd order intermodulation
protection.
7. All active in-building coverage devices shall be FCC Part 90 Type
Certified.
8. UL listing is required for anyAC-operated power supplies.
9. Active devices shall include a minimum of 12 hours of battery backup
power.
10. Any in-building coverage system shall be installed by aCity-approved,
manufacturer-trained, and certified installer.
The delivered audio quality is defined below:
TABLE INSET:
DAQ
Delivered
Audio
Quality Subjective Performance Description
1 Unusable, speech present but unreadable.
2
Understandable with considerable effort. Frequent repetition
due to noise/distortion.
3
Speech understandable with slight effort. Occasional repetition
required due to noise/distortion.
3
5
Speech understandable with repetition only rarely required.
. Some noiseldistortion.
4 Speech easily understood. Occasional noise/distortion.
4.5 Speech easily understood. Infrequent noiseldistortion.
5 Speech easily understood.
C. Remedies fo achieve compliance (acceptable amplification systems). If
needed to ensure compliance with the 90 percent reliability factor, the
property owner must install each of the following:
1. An in-building coverage system composed of a radiating cable system or
an internal multiple antenna system with FCC-certified bi-directional 800
MHz amplifiers},distribution system, and subcomponents.
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2. Any active devices (e.g. signal boosters}} must be encased in a NEMA 4
(or equivalent} dustlwaterproof case and clearly labeled "City of Tustin
Public Safety Radio."
3. Multi-band pass filters as required.
In the event of a power outage, all electrical components must be equipped
with independent auxiliary battery power or generators to function at full
capacity for at least 12 hours.
Once a system is installed, a Spectrum Analyzer shall be used to evaluate the
system for harmful interference to the 800 MHz Countywide Coordinated
Communications System backbone initially, and annually thereafter by an
OCSD/Communications Division FCC-certified technician. Any interference
must be identified and removed before the system can be accepted.
D. Applicable Federal Communications Commission rule compliance. All
active devices used to provide extended coverage must be FCC-certificated.
1. Test standards. Design review and certification.
2. Prior to issuance of a building permit, the applicant shall:
a. Retain an FCC-Certified Technician who will review construction plans
in order to ensure that such plans meet aforementioned radio
communication criteria; and recommend, if needed, an in-building
solution for reliable radio communication;
b. Submit copies of plans certified with the signature of the technician to
the Building Official of the City of Tustin, OCFA, and
OCS DlCommu n ications.
3. Prior to issuance of a Certificate of Occupancy, the applicant shall:
a. Retain an FCC-Certified Technician who will test all areas of the
building or structure, verify installation and operation of in-building
solutions, if needed, and certify all of the findings stated herein on the
date of inspection with hislher signature. A passing test is one that
demonstrates DAQ 3 with a 90 percent reliability factor on each floor.
Owners of buildings or structures that fail to meet this standard will not
be in compliance with this ordinance.
b. The building owner shall retain all records of initial and annual
inspections and submit copies to the Building Official of the City of
Tustin, OCFA, and OCSD/Communications.
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4. Initial test procedure.
The initial test for 800 MHz coverage shall be conducted by an FCC-
Certified Technician employed by the owner of the building, and it shall be
the owner's responsibility to comply with all sections of the ordinance.
For purposes of testing, each floor of the building shall be divided into a
grid of approximately 20 equal areas. A maximum of two nonadjacent
areas shall be permitted to fail the test. In the event that three of the areas
fail the test, and to provide greater statistical accuracy, the floor may be
divided into 40 equal areas. In such an event, a maximum of four
nonadjacent areas shall be permitted to fail the test. As specified by the
authority having jurisdiction, the test shall be conducted by using a
Motorola XTS 3000IXTS 5000 or equivalent portable radio talking through
the 800 MHz Countywide Coordinated Communications System. A spot
located approximately in the center of a grid area shall be selected for the
test. The radio will then be keyed to verify two-way communication to and
from the outside of the building through the 800 MHz Countywide
Communications System. Once the spot has been selected, prospecting
for a better spot within the grid area will not be permitted.
All auxiliary power systems shall be tested under load for a period of one
hour to verify that the system will operate properly in the event of a power
outage. The testing technician reserves the discretion to determine
whether or not the battery exhibits symptoms of failure.
5. Annual test procedure. All required buildings shall be tested at least once
per calendar year by the OCFA who will test the in-building system
components to determine general functional and operability. If
noncompliance is found, the building owner shall be required to either
install signal boosting equipment, or modify existing signal boosting
equipment to provide acceptable signal coverage within the structure.
Once one of these actions has been taken, a verification test shall be
conducted by an FCC-Certified Technician. This test shall follow the
procedures outlined in the initial test procedures above, and the findings
which must show compliance with the above standards shall be submitted
to the City's Building Official.
6. Every two years battery back-up systems shall be replaced per
manufacturer's specifications.
E. Additional equipment feature requirements. Active devices shall be
alarmed. A phone line shall provide dial tone to an alarm device. The alarm
device shall be programmed to activate a pager on the County of Orange's
900 MHz paging system. Access to the active components of the in-building
coverage system (if any shall be accessible 24 hours a day by County
technicians/engineers. At a minimum the alarms will indicate loss of either
Ordinance No. 1337
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electrical power or operational failure. The device shall also have modem
access to allow remote monitoring.
E. New building construction. All new building construction shall have atwo-
inch conduit, the material for this conduit shall be approved by the City
Building Official, installed between the first and bottom subterranean floor and
said conduit shall extend along the center of the building to the roof, the
conduit shall be made easily accessible. All subterranean parking garages
shall have a similar conduit installation.
Section 2. Environmental Determination. The project has been reviewed for
compliance with the California Environmental Quality Act (CEQA), the CEQA
Guidelines, and the City's environmental procedures and has been found to be exempt.
Section 3. Inconsistencies. Any provision of the Tustin City Code or appendices
thereto inconsistent with the provisions of this Ordinance, to the extent of such
inconsistencies and no further, is hereby repealed or modified to the extent necessary
to affect the provisions of this Ordinance.
Section 4. Severability. If any chapter, article, section, subsection, subdivision,
sentence, clause, phrase, or portion of this Ordinance, or the application thereof to any
person, is for any reason held to be invalid or unconstitutional by the decision of any
court of competent jurisdiction, such decision shall not affect the validity of the
remaining portion of this Ordinance or its application to other persons. The City Council
hereby declares that it would have adopted this Ordinance and each chapter, article,
section, subsection, subdivision, sentence, clause, phrase or portion thereof,
irrespective of the fact that any one or more subsections, subdivisions, sentences,
clauses, phrases, or portions of the application thereof to any person, be declared
invalid or unconstitutional. No portion of this Ordinance shall supersede any local,
State, or Federal law, regulation, or codes dealing with life safety factors.
Section 5: This Ordinance shall become effective on the thirty-first day after passage.
The City Clerk shall certify to the adoption of this Ordinance and cause this Ordinance
to be posted at the designated posting places within the City within fifteen days after
passage and adoption as may be required bylaw.
PASSED AND ADOPTED, at a regular meeting of the City Council of the City of
Tustin on this 1st day of May, 2007.
LOU BONE,
MAYOR
Ordinance No. 1337
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PAMELA STOKER,
CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF TUSTIN )
PAMELA STOKER, City Clerk and ex-officio Clerk of the City Council of the City of
Tustin, California, does hereby certify that the whole number of the members of the City
Council of the City of Tustin is 5; that the above and foregoing Ordinance No. 1337 was
dul and regularly introduced at a regular meeting of the Tustin City Council, held on the
17th day of April, 2007 and was given its second reading, passed, and adopted at a
regular meeting of the City Council held on the 1St day of May, 2007 by the following
vote:
COUNCILMEMBER AYES: Bone, Amante, Davert, Kawashima, Palmer (5)
COUNCILMEMBER NOES: None (0)
COUNCILMEMBERABSTAINED: None (0)
COUNCILMEMBERABSENT: None (0)
PAMELA STOKER
CITY CLERK
Ordinance No. 1337
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