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HomeMy WebLinkAboutITEM V-A CITY OF ~WASHiNGT°N AGENDA BILL APPROVAL FORM ~ Agenda Subject: Date: Ordinance No. 6254: Amendments to ACC 15.07.100 (Certificate of August 5, 2009 Occupancy) & Addition of New Chapter 15.45 (Public Safety Radio S stem Covera e Department: Planning, Building Attachments: Budget Impact: N/A and Community Fact Sheet for Draft Ordinance No. 6254 ! Draft Ordinance No. 6254 Administrative Recommendation: Discussion and review of draft Ordinance No. 6254 Background Summary: Over the last several months, a committee of staff from Information Services, Police, Legal, Building, Planning and the Valley Regional Fire Authority have worked to develop draft Ordinance No. 6254, which proposes to amend ACC 15.07.100 and add a new chapter - Chapter 15.45 - to the Auburn City Code pertaining to the establishment of regulations and standards for the provision of effective Regional Public Radio System (also known as 800 mhz) coverage within structures in the City of Auburn for police and fire emergency services. The amendment to ACC 15.07.100 will require for the issuance of certificates of occupancy that the certificates contain a statement that the structure complies with the public safety radio coverage provisions of Chapter 15.45 ACC. Chapter 15.45 describes the requirements that buildings must meet in order to allow coverage within those buildings for public safety radio systems. The primary objective of the Ordinance is to ensure effective & reliable Regional Public Radio' System coverage within buildings in the City of Auburn for police and fire emergency services. As proposed, the Ordinance would exempt single family residential buildings, buildings with a total square footage less than 5,000 square feet and renovations to existing structures where the cumulative renovation value does not exceed 50 percent of the City's currently adopted Table 1-A (Building Valuation Data). The current version of the Ordinance specifies that building owner or contracted agent will be responsible for demonstrating compliance to adopted regulations, including but not limited to, submittal of initial compliance documents, and subsequent testing documentation. The current version of the Ordinance specifies the City of Auburn Building Official will be responsible for insuring compliance to the regulation; however, City staff will not be directly involved in any testing or inspection activities. Because there will be some administrative costs associated with staff's processing of initial and code specified on-going documentation, staff is seeking Committee guidance on whether a processing fee (e.g. $150) should be required to partially offset the City's administrative costs for program mana ement. Reviewed by Council & Committees: Reviewed by Departments & Divisions: ❑ Arts Commission COUNCIL COMMITTEES: 9 Building ❑ M&O ❑ Airport ❑ Finance ❑ Cemetery ❑ Mayor ❑ Hearing Examiner ❑ Municipal Services ❑ Finance 0 Parks ❑ Human Services ❑ Planning & CD ~ Fire ~ Planning ❑ Park Board ❑ Public Works ~ Legal ~ Police ❑ Planning Comm. ❑ Other ❑ Public Works ❑ Human Resources Action: Committee Approval: ❑Yes ❑No Council Approval: ❑Yes ❑No Call for Public Hearing Referred to Until Tabled Until Councilmember: Cerino Staff: Lee/Rem her/Sn der Meetin Date: Au ust 10, 2009 Item Number: - Page 1 of 1 U_ BUR.N * MoR.E THAN YoU rMacINED A City of Auburn Public Safety Radio Booster System Ordinance FACT SHEET WHAT: New regulations requiring installation of public safety radio booster system (also known as 800 mhz) hardware and software within new or renovated buildings WHY: Public safety issue Provideeffective & reliable Regional Public Radio System coverage within buildings in the City of Auburn for police and fire emergency services to: Address communication needs of police & fire safety personnel when responding o to calls within the interiors of buildings Minimize loss of communications due to significant loss of signal strength o because of building composition & materials by boosting signals with systems installed in buildings WHEN: Building permit applicants would need to demonstrate compliance to adopted regulations unless one of following exceptions apply: Single family residential buildings o Buildings with a total square footage less than 5,000 square feet o Renovations to existing structures where the cumulative renovation value does o not exceed 50 percent of the City’s currently adopted Table 1-A (Building Valuation Data) HOW: Administered through City of Auburn Permit Center Administered under the authority of the Building Official & Title 15 (Buildings & Construction) of Auburn City Code Building permit applicants must demonstrate compliance to regulations before Certificate of Occupancy can be issued, unless system is already in place and has adequate signal strength Bi-annual system testing would be required with certification submitted to Building Official 5-Year testing would be required to ensure that the radio system continues to meet the requirements of the original acceptance test. Certification to be submitted to Building Official All testing to be conducted by private parties who will be required to be have code specified licenses and certifications City will not conduct any independent testing or provide testing equipment Liability will be on certified testers WHERE: Applicable citywide COST Cost factors include hardware type and quantity, building size, composition and ESTIMATES: design Cost range for system costs have been estimated to range from $0.25 per square foot to $1.25 square foot (Source: Jack Daniel Company, 2009): Ex: 24,600 square foot Auburn Justice Center Building = $11,164 ($0.45 o per square foot) Other cities in the Puget Sound that have implemented this system include Bellevue, OTHER CITIES: Mercer Island, Seattle & Tukwila POLICY Policy Issue No. 1 – Should there be a City fee (e.g. $150) to partially offset the ISSUE(S): City’s administrative costs for program management? ORDINANCE NO. 6 2 5 4 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AMENDING SECTION 15.07.100 OF THE AUBURN CITY CODE RELATING TO CERTIFICATES OF OCCUPANCY, AND CREATING A NEW CHAPTER 15.45 OF THE AUBURN CITY CODE RELATING TO PUBLIC SAFETY RADIO SYSTEM COVERAGE WHEREAS, modern construction methods have resulted in public safety radios becoming less effective inside certain structures; and WHEREAS, enhanced communications within structures is critical to the provision of effective public safety services and for the safety of responding personnel; and WHEREAS, it is appropriate to amend the City Code to accommodate the needs for effective public safety radios in buildings being built or significantly modified. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN as follows: Section 1.Code Amended. That Section 15.07.100 of the Auburn City Code, “Certificate of occupancy,” is amended to read as follows: 15.07.100 Certificate of occupancy. A. Use and Occupancy. No building or structure shall be used or occupied, and no change in the existing occupancy classification of a building or structure or portion thereof shall be made until the building official has issued a certificate of occupancy therefore as provided herein. Issuance of a certificate of occupancy shall not be construed as an approval of a violation of the provisions of this code or of other ordinances of this jurisdiction. B. Certificate Issued. After the building official inspects the building or structure and finds no violations of the provisions of this code or other laws that are enforced by the department of building safety, the building official shall issue a certificate of occupancy that contains the following: ------------------------------- Ordinance No. 6254 August 10, 2009 Page 1 of 8 1. The building permit number. 2. The address of the structure. 3. The name and address of the owner. 4. A description of that portion of the structure for which the certificate is issued. 5. A statement that the described portion of the structure has been inspected for compliance with the requirements of this code for the occupancy and division of occupancy and the use for which the proposed occupancy is classified. 6. The name of the building official. 7. The edition of the code under which the permit was issued. 8. The use and occupancy, in accordance with the provisions of Chapter 3 of the IBC. 9. The type of construction as defined in Chapter 6 of the IBC. 10. The design occupant load. 11. If an automatic sprinkler system is provided, whether the sprinkler system is required. 12. Any special stipulations and conditions of the building permit. 13. A statement that the structure complies with the public safety radio coverage provisions of Chapter 15.45 ACC. C. Temporary or Phased Occupancy. The building official is authorized to issue a temporary or phased certificate of occupancy before the completion of the entire work covered by the permit; provided, that such portion or portions shall be occupied safely. The building official is authorized to require in addition to the completion of life safety building components, any or all accessibility components. The building official shall set a time period during which the temporary or phased certificate of occupancy is valid. The building official is authorized to require that a performance bond be posted with the city in an amount equal to 150 percent of the incomplete work as determined by the design professional. The bond shall be refundable upon inspection, final approval and a request in writing for the refund. It shall be the duty of the applicant to request the refund. D. Revocation. The building official is authorized to, in writing, suspend or revoke a certificate of occupancy or completion issued under the provisions of this code wherever the certificate is issued in error, or on the basis of incorrect information supplied, or where it is determined that the building or structure or portion thereof is in violation of any ordinance or regulation or any of the provisions of this code. (Ord. 5874 § 4(110), 2004.) Section 2.New Chapter to Code. That a new Chapter 15.45 of the Auburn City Code, “Public Safety Radio System Coverage,” is created to read as follows: ------------------------------- Ordinance No. 6254 August 10, 2009 Page 2 of 8 Chapter 15.45 PUBLIC SAFETY RADIO SYSTEM COVERAGE Sections: 15.45.010 Intent and purpose. 15.45.020 Building radio coverage. 15.45.030 Adequate radio coverage. 15.45.040 Adequate signal strength. 15.45.050 Frequency range. 15.45.060 Power supply. 15.45.070 Supervision/continuing operation. 15.45.080 Proof of compliance. 15.45.080 Bi-Annual Test. 15.45.090 Five-Year Tests. 15.45.100 Qualification of Testing Personnel. 15.45.110 Inadequate Radio Coverage. 15.45.120 Battery Backup Required. 15.45.130 Approval Prior to Installation. 15.45.140 Acceptance Tests. 15.45.150 Testing Criteria. 15.45.160. Field Testing. 15.45.170. Violation – Penalty. 15.45.010 Intent and purpose. The intent of the chapter is to provide a regulatory framework for the purpose of providing effective Regional Public Radio System coverage within structures in the City of Auburn (“City”) for police and fire emergency services. The purpose of this Chapter is to describe the requirements that buildings must meet in order to allow coverage within those buildings for public safety radio systems. 15.45.020 Building radio coverage. A. 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 that fails to support adequate radio coverage for City emergency services workers, including but not limited to firefighters and police officers. B. Exceptions: 1. Single family residential buildings, as defined in the International Residential Code adopted by the City, as that Code may be amended from time to time. 2. Buildings with a total square footage less than five thousand (5000) square feet. 3. Preexisting structures. Structures constructed prior to the effective date of this Chapter shall not be required to comply with public safety radio coverage provisions of this section. This exemption does not apply to ------------------------------- Ordinance No. 6254 August 10, 2009 Page 3 of 8 preexisting structures that undergo renovation, restoration, or modification to the original structure where the value of the renovation, restoration, or modification exceeds fifty percent (50%) of the Building Valuation Data (Table 1-A, as currently adopted by the City). All individual renovation or restoration or modification projects to a pre-existing structure that cumulatively exceed fifty percent (50%) of the Building Valuation Data shall be subject to compliance with this Chapter 15.45.030 Adequate radio coverage. A minimum signal strength of two (2) micro volts and a maximum signal strength of twenty (20) micro volts, available in 95% of all areas of the building and 99% in elevators (measured at the primary recall floor), stair shafts and Fire Command Centers when transmitted from the closest Regional Public Radio System. 15.45.040 Adequate signal strength. A minimum signal strength of one-half (.5) micro volts and a maximum signal strength of twenty (20) micro volts, received by the Regional Public System when transmitted from 95% of all areas of the building and 99% in elevators (measured at the primary recall floor), stair shafts and Fire Command Centers. 15.45.050 Frequency range. The frequency range which must be supported shall be 806 MHz to 824 MHz and 851 MHz to 869 MHz and such other frequencies as determined by the Regional Public Radio System operator in all areas of the building. The building owner will be required to modify or expand the public safety in-building system at their expense in the event frequency changes are required by the FCC or additional frequencies are made available by the FCC. Prior approval of an in- building system on previous frequencies does not exempt a building owner from the provisions of this section. 15.45.060 Power supply. Power supplies shall conform to NFPA 72, Section 1-5.2 (Power Supplies). 15.45.070 Supervision/continuing operation. The occurrence of any fault in this radio system where the system function is decreased will result in the transmission of a supervisory signal to the central station. If the system cannot be fully restored within one hour, the central station shall notify the Valley Communications Center as soon as practicable 15.45.080 Proof of compliance. . A. Before initial occupancy of a new structure, or before final inspection of a remodel, renovation, or modification to a structure subject to the provisions of this Chapter, the building owner must document compliance with this Chapter. ------------------------------- Ordinance No. 6254 August 10, 2009 Page 4 of 8 B. Each owner shall submit at least one field test or, as determined by the Building Official, whenever structural changes occur to the building that would materially change the original field performance tests. The performance test shall be conducted in accordance with ACC 15.45.150, and shall include at minimum a floor plan and the signal strength in various locations of the building. The submission shall include proof that the person conducting the test is certified as required in ACC 15.45.100. 15.45.080 Bi-Annual Test. It shall be the building owner's responsibility to have all active components of the system, such as amplifiers, power supplies and backup batteries tested a minimum of once every twenty-four (24) months. Amplifiers shall be tested to ensure that the gain is the same as it was upon initial installation and acceptance. Backup batteries and power supplies shall be tested under load of a period of one hour to verify that they will properly operate during an actual power outage. If, within the one-hour test period, and in the opinion of the testing technician, the battery exhibits symptoms of failure, the test shall be extended for additional one-hour periods until the integrity of the battery can be determined. A change in the frequencies listed in this chapter after the effective date of this chapter does not relieve a property owner from the responsibility to ensure that the requirements of this chapter are met. All other active components shall be checked to determine that they are operating within the manufacturer’s specification for the intended purpose. A report shall be submitted to the Building th Official upon conclusion of the testing and not later than January 30of each testing year. The report shall include proof that the person conducting the test is certified as required in ACC 15.45.100. 15.45.090 Five-Year Tests. In addition to the bi-annual test, it shall be the building owner's responsibility to perform a radio coverage test a minimum of once every five (5) years to ensure that the radio system continues to meet the requirements of the original acceptance test. A report shall be submitted to the Building Official upon conclusion of the testing. The report shall include proof that the person conducting the test is certified as required in ACC 15.45.100. 15.45.100 Qualification of Testing Personnel. Personnel conducting radio system tests shall be qualified to perform the work. All tests shall be documented and signed by a person in possession of a current FCC General Radio Telephone Operator License, or a current technician certification issued by the Associated Public Safety Communications Officials International (APCO), the National Association of Business and Education Radio (NABER) or the Personal Communications Industry Association (PCIA) 15.45.110 Inadequate Radio Coverage. A. Buildings and structures that cannot support the required level of radio coverage shall be equipped with: ------------------------------- Ordinance No. 6254 August 10, 2009 Page 5 of 8 1. A radiating cable system and/or 2. An internal multiple antenna system with FCC certificated bi- directional 800 MHz amplifiers that sends a signal to the donor directional antenna (repeater) as designated by the Regional Public Radio System Operator (ValleyCom) or 3. Systems otherwise approved by the City in order to achieve the required adequate radio coverage B. In the event that a signal booster is employed, it shall be fully encased with a NEMA 4 (or equivalent) dust/waterproof rated enclosure, and filters that reject adjacent frequencies in addition to the multi-bandpass filters. 15.45.120 Battery Backup Required . If any part of the installed system or systems contains an electrically powered component, the installed system or systems shall be provided with an independent battery system that will operate for a period of at least twelve (12) hours without external power input. The battery system shall automatically charge in the presence of external power input. 15.45.130 Approval Prior to Installation . No amplification system capable of operating on frequencies used by the Regional Public Safety Radio System shall be installed without prior coordination and approval of the City and any such system must comply with any standards adopted by the King County Regional Trunked Radio System. 15.45.140 Acceptance Tests . A. Acceptance testing for an in-building radio amplification system is required, upon completion of installation. It is the building owner's responsibility to have the radio system tested by qualified personnel to ensure a minimum of 95% two-way coverage on each floor of the building. B. Talk-back testing from a site to the Regional Public Safety Radio System shall use a two (2) watt, portable transceiver with speaker/microphone and flexible antenna (or any calibrated device which will produce signal levels useable by the prescribed portable radio). Field strength testing instruments must have been calibrated within one (1) year of the date of the acceptance test. Field strength testing instruments must be of the frequency selective type incorporating a flexible antenna similar to the ones used on the hand held transceivers. The City may designate alternate methods of measuring the signal level, which satisfy appropriate levels of public safety coverage. A report shall be submitted to the City Building Official at the conclusion of acceptance testing containing a floor plan and the signal strengths at each location tested and other relevant information. A representative of the City may oversee the acceptance test. Acceptance testing is also required whenever changes occur to the building that would materially change the original field performance test. C. Isolation test, measured in both directions between the donor and service antennas, must ensure a minimum isolation of 15dB plus amplifier gain is achieved to avoid oscillation. ------------------------------- Ordinance No. 6254 August 10, 2009 Page 6 of 8 15.45.150 Testing Criteria. A. Each floor of the building shall be divided into a grid of approximately forty (40) equal areas. A maximum of two (2) nonadjacent areas will be allowed to fail the test. In the event that three (3) of the areas fail the test, the floor may be divided into eighty (80) equal areas in order to be more statistically accurate. In such event, a maximum of four (4) nonadjacent areas will be allowed to fail the test. After the eighty (80) area tests, if the system continues to fail, the building owner shall have the system altered to meet the 95% coverage requirement. B. A spot located approximately in the center of a grid area will be selected for the test, then the radio will be keyed to verify two-way communication to and from the outside of the building through the Regional Public Safety Radio System. Once the spot has been selected, prospecting for a better spot within the grid area is not permitted. C. The gain values of all amplifiers shall be measured and the results kept on file with the building owner so that the measurements can be verified each year during the annual tests. In the event that the measurement results become lost, the building owner will be required to rerun the acceptance test to reestablish the gain values. D. Automated testing and recording is permitted so long as a report can be produced documenting the signal strength (or average) in each test square. 15.45.160. Field Testing. City Personnel or their designees shall, upon reasonable notice to the property owner, have the right to enter onto the property to conduct its field- testing to be certain that the required level of radio coverage is present. 15.45.170. Violation – Penalty. Any person who violates any of the provisions of this chapter or fails to comply therewith, or who violates or fails to comply with any order made thereunder, or who builds in violation of any detailed statement of specifications or plans submitted and approved thereunder, or any certificate or permit issued thereunder, and from which no appeal has been taken, or who fails to comply with such an order as affirmed or modified by the City or by a court of competent jurisdiction, within the time fixed therein, is severally for each and every such violation and noncompliance respectively guilty of a misdemeanor, punishable by a jail term not to exceed 90 days and/or a fine not to exceed $1,000. The imposition of one penalty for any violation shall not excuse the violation or permit it to continue, and all such persons shall be required to correct or remedy such violations or defects within reasonable time; and when not otherwise specified, each 10 days that prohibited conditions are maintained constitutes a separate offense. ------------------------------- Ordinance No. 6254 August 10, 2009 Page 7 of 8 Section 3.Implementation. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. Section 4.Severability. The provisions of this ordinance are declared to be separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section or portion of this ordinance, or the invalidity of the application thereof to any person or circumstance shall not affect the validity of the remainder of this ordinance, or the validity of its application to other persons or circumstances. Section 5.Effective date. This Ordinance shall take effect and be in force five days from and after its passage, approval and publication as provided by law. INTRODUCED: __________________ PASSED: _______________________ APPROVED: ____________________ CITY OF AUBURN ATTEST: ________________________________ PETER B. LEWIS _______________________ MAYOR Danielle E. Daskam, City Clerk APPROVED AS TO FORM: _________________________ Daniel B. Heid, City Attorney Published: _________________ ------------------------------- Ordinance No. 6254 August 10, 2009 Page 8 of 8