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HomeMy WebLinkAbout11A - 800 MEGAHERTZ ORDINANCE AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADDING SECTIONS 14-4 THROUGH 14-4.6 TO CHAPTER 14 OF THE SANTA ANA MUNICIPAL CODE REGARDING PUBLIC SAFETY RADIO SYSTEM COVERAGE. THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. The City of Santa Ana ("City") provides public safety services to its community including police services through the Santa Ana Police Department ("SAPD") and fire services through the Santa Ana Fire Department ("SAFD"); and B. Recent development throughout the City has caused interference to the 800 MHz Countywide Coordinated Communication System used by both SAPD and SAFD. C. Said radio interference has caused a lack of both quality and essential public safety emergency radio communication and, as a result, is a potential threat to the safety of emergency workers and to the public. D. In order to minimize the danger to life caused by ineffective communication, all planned construction of new buildings that does 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. E. The regulations added by this ordinance constitutes a "local security standard," as that term is utilized in California Penal Code section 14501, regulating the erection, construction, or alteration of buildings within the City. F. The proposed ordinance is exempt from the requirements of the California Environmental Quality Act pursuant to Section 15308 of Title 14 of the California Code of Regulations because the ordinance sets forth specifications and procedures for the maintenance, restoration, enhancement, and protection of the environment. Section 2. The City Council hereby approves and adopts the "City of Santa Ana Public Safety Radio System Coverage Specifications," attached hereto as Attachment "A" and incorporated herein by this reference. The Fire Chief or designee may, from time to time, prepare such amendments to the City of Santa Ana Public Safety Radio 11 A-1 System Coverage Specifications as are necessary to enforce the policies and purposes of this ordinance. Such amendments shall be deemed officially adopted upon their receipt and filing with the City Council at any regular or special meeting of the Council. Section 3. Sections 14-4 through 14-4.6 are hereby added to Chapter 14 of the Santa Ana Municipal Code, to read in full as follows: Sec. 14-4. Public Safety Radio System Coverage -Intent and purpose. The intent of the section is to provide a regulatory framework for the purpose of providing effective 800 MHz Countywide Coordinated Communication System coverage throughout the City of Santa Ana for police and fire emergency services. Sec. 14-4.1. Same - Definitions. The following words, terms, and phrases when used in these sections 14.4 through 14.6 shall have the meanings ascribed to them in this section, except where the context clearly indicates a differing meaning: A. SAPD shall mean the Santa Ana Police Department B. SAFD shall mean the Santa Ana Fire Department. C. OCSD/Communications shall mean the Orange County Sheriff-Coroner Department/Communications Division. D. Countywide Coordinated Communication System shall mean 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. E. City of Santa Ana Public Safety Radio System Coverage Specifications shall mean those officially adopted specifications designed to provide optimum coverage and radio effectiveness within buildings and structures under the Countywide Coordinated Communication System. F. FCC-Certified Technician shall mean an individual who is qualified with a General Radiotelephone Operator License (GROLlPG), or equivalent, to review design plans and perform tests in affected structures to measure City of Santa Ana Public Safety Radio System Coverage Specifications. G. Special Inspector shall mean an FCC-certified technician approved by the City of Santa Ana. Sec. 14-4.2. Same - Use and occupancy. A. No person shall construct or remodel, as defined herein, any building or structure, or cause the same to be done, which fails to support adequate radio 11 A-2 coverage for City emergency service workers operating on the 800 MHz Countywide Coordinated Communications System; provided that said building or structure is (a) is designed or intended for commercial, institutional or industrial use and is four (4) stories or more excluding subterranean storage or parking, or (b) is designed or intended for residential or mixed use and is five (5) stories or more excluding subterranean storage or parking. B. For purposes of this section the word "remodel "shall mean renovation, alteration or improvement of any building or structure devoted to commercial use of more than thirty percent (30%) of the original building or structure. C. No Certificate of Occupancy shall be issued for any building or structure covered in subsection A of this section, nor shall any such building or structure be occupied, absent proof of compliance with this section. D. The owner of any building or structure which has installed a 800 MHz Countywide Coordinated Communications System shall be responsible for maintaining a reasonable standard of reliable radio communication within their buildings and structures once a Certificate of Occupancy is issued. E. For the purposes of this section, adequate radio coverage shall include those specifications in the City of Santa Ana Public Safety Radio System Coverage Specifications. F. Should construction of a new building or structure, which is otherwise exempt from this section, include one or more subterranean storage or parking levels, then this ordinance shall apply only to the subterranean levels. Sec. 14-4.3. Same - Testing procedures. Test of radio coverage will be conducted pursuant to those specifications in the City of Santa Ana Public Safety Radio System Coverage Specifications, as summarized below. A. Initial Tests. Initial tests will be performed by FCC-certified technicians in accordance with Test Standards as listed in the City of Santa Ana Public Safety Radio System Coverage Specifications. A Certificate of Occupancy shall not be issued if said structure, or any part thereof, fails to comply with these Test Standards. B. Annual Tests. Annual tests will be conducted by SAFD personnel, or their agent in accordance with the Test Standards as listed in the City of Santa Ana Public Safety Radio System Coverage Specifications. Sec. 14.4.4. Same - Amplification systems allowed. Buildings and structures that cannot support the required level of radio coverage shall be equipped with amplification systems as specified in the City of Santa Ana Public Safety Radio System Coverage Specifications. 11A-3 Sec. 14-4.5. Same - Costs. The FCC-certified technician is the special inspector who 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. Sec. 14-4.6. Same - Non-compliance and Penalty. A. After discovery of non-compliance, the building owner shall be provided forty- five (45) days from written notification by the Fire Chief or designee to remedy the deficiency and gain compliance. B. It shall be unlawful for any person, firm or corporation to violate any provision or fail to comply with any of the requirements of this ordinance. Any person, firm or corporation violating any provisions of this ordinance or failing to comply with any of its requirements shall be deemed guilty of an infraction, punishable by fine not exceeding Two Hundred and Fifty Dollars ($250.00) per day. Each such person, firm or corporation shall be deemed guilty of a separate offense for each day during any portion of which any violation of any of the provisions of this ordinance is committed, continues or permitted by such person, form or corporation, and shall be punishable therefore as provided for in this ordinance. Section 4. If any section, subsection, sentence, clause, phrase or portion of this ordinance 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 portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that anyone or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. ADOPTED this day of ,2006 Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Paula Coleman Assistant City Attorney 11A-4 AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. NS-XXX to be the original ordinance adopted by the City Council of the City of Santa Ana on , and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Clerk of the Council City of Santa Ana 11A-5 ATTACHMENT "A" CITY OF SANTA ANA PUBLIC SAFETY RADIO SYSTEM COVERAGE SPECIFICATIONS 1. Performance. Specifications are provided to assist property owners in satisfying a delivered audio quality (DAQ) of 3 with a 90% 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 will be inspected annually as part of the Santa Ana Fire Department's Annual Fire Inspection. 2. Signal Strength, Signal Rejection, Modulation Compatibility, Delivered Audio Quality and Technical Specifications. The following defines the minimum required level of radio signal strength: . A minimum signal strength of (-95dBm) in 90% of the area of each floor of the building from both the 800 MHz Countywide Communications Systems and from within the building is required. . The frequency range supported from the 800 MHz Countywide Communications System shall be 851 - 869 MHz (base transmitter frequencies). . The frequency range supported to the 800 MHz Countywide Communications System shall be 806 - 824 MHz (radio field transmit frequencies). . 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. . All system components must be 100% compatible with analog and digital modulations after installation without additional adjustments or modifications. The systems must be capable of encompassing the frequencies stated herein and capable of future modifications to a frequency range subsequently established by the City of Santa Ana. 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. Active devices shall have a minimum of -50 dB 3rd order intermodulation protection. . 11A-6 . All active in-building coverage devices shall be FCC Part 90 Type Certified. . UL listing is required for any AC operated power supplies. . Active devices shall include a minimum of 12 hours of battery backup power. . Any in-building coverage system shall be installed by a City approved, manufacturer-trained and certified installer. The delivered audio quality is defined below: DAQ Subjective Performance Description Delivered Audio Quality 1 Unusable, speech present but unreadable. 2 Understandable with considerable effort. Frequent repetition due to noise I distortion. 3 Speech understandable with slight effort. Occasional repetition required due to noise I distortion. 3.5 Speech understandable with repetition only rarely required. Some noise I distortion. 4 Speech easily understood. Occasional noise I distortion. 4.5 Speech easily understood. Infrequent noise I distortion. 5 Speech easily understood. 3. Remedies to achieve compliance (Acceptable Amplification Systems): If needed to ensure compliance with the 90% reliability factor, the property owner must install each of the following: . An in-building coverage system composed of a radiating cable system or an internal multiple antenna system with FCC-certified bi-directional 800 MHz amplifier(s), distribution system, and subcomponents. . Any active devices (e.g. signal booster(s)) must be encased in a NEMA 4 (or equivalent) dust/waterproof case and clearly labeled "City of Santa Ana Public Safety Radio". . Multi-band pass filters as required. 11A-7 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 twelve (12) hours. Once a system is installed, a Spectrum Analyzer will 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. 4. Applicable Federal Communications Commission Rule Compliance. All active devices used to provide extended coverage must be FCC-certificated. A. Test Standards. Design Review and Certification. 1. Prior to issuance of a building permit, the applicant shall: I. 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; II. Submit copies of plans certified with the signature of the technician to the City of Santa Ana, SAPD/SAFD and OCSD/Communications; 2. Prior to issuance of a Certificate of Occupancy, the applicant shall: I. 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 his/her signature. A passing test is one that demonstrates DAQ 3 with a 90% reliability factor on each floor. Owners of buildings or structures that fail to meet this standard will not be in compliance with this ordinance. II. The building owner must retain all records of initial and annual inspections and submit copies to the City of Santa Ana, SAPD/SAFD, and OCSD/Communications. B. Initial Test Procedure. For purposes of testing, each floor of the building shall be divided into a grid of approximately twenty (20) equal areas. A maximum of two (2) nonadjacent areas will be permitted to fail the test. In the event that three (3) of the areas fail the test, and to provide greater statistical accuracy, the floor may be divided into forty (40) equal areas. In 11A-8 such an event, a maximum of four (4) nonadjacent areas will be permitted to fail the test. As specified by the authority having jurisdiction, the test shall be conducted by using a Motorola XTS 3000/XTS 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 will 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 (1) 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. The FCC-certified technician will ultimately decide if the auxiliary system needs to be replaced or upgraded. C. Annual Test Procedure. After a Certificate of Occupancy is issued, the SAFD Inspector or appointed agent will annually test the in-building system components to determine general functional operability. If non- compliance is found, an approved FCC-technician will reassess the improvement upon scheduling by the building owner. D. Every two years battery back-up systems shall be replaced per manufacturer's specifications. 5. Additional equipment feature requirements. Active devices shall be alarmed. A phone line (plain old telephone service or POTS) will provide dial tone to an alarm device. The alarm device will 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) is required twenty-four (24) hours a day by County technicians/engineers. The minimum alarms will indicate loss of AC failure and operational failure. The device shall also have modem access to allow remote monitoring. 6. New Building Construction All new building construction shall have a two-inch conduit installed between the first and bottom subterranean floor and said conduit shall extend along the center of the building to the roof. At each floor and the roof, an opening shall be made to afford easy access to the conduit from the ceiling. Access in either the form of drop ceiling or conduit shall be made available along hallways and through firewalls. All subterranean parking garages shall have a similar conduit installation. 11A-9 11 A-1 0