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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 Page 1 of 9 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. Ordinance No. 1337 Page 2 of 9 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. Ordinance No. 1337 Page 3 of 9 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 Page 4 of 9 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. Ordinance No. 1337 Page 5 of 9 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. Ordinance No. 1337 Page 6 of 9 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 Page7of 9 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 Page 8 of 9 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 Page 9 of 9