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HomeMy WebLinkAbout1722 - ORDINANCES - 10/3/2007ORDINANCE N0. 1722 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING CHAPTER 11.03 TO THE PALM SPRINGS MUNICIPAL CODE, RELATING TO PUBLIC SAFETY RADIO SYSTEM COVERAGE. Citv Attornev's Summary This Ordinance requires the installation of 800 MHZ and 150 MHz communications systems or approved amplification systems in new development or retrofitted buildings to ensure effective and continuous public safety radio communication for emergency service operators. The City Council of the City of Palm Springs ordains: SECTION 1. The Palm Springs Municipal Code is amended to add Chapter 11.03, to read as follows: Chapter 11.03 PUBLIC SAFETY RADIO SYSTEM COVERAGE Sec. 11.03.010. Intent and purpose. The intent of this Chapter is to provide a regulatory framework for the purpose of providing effective public safety coverage throughout the City of Palm Springs for police and fire emergency services. Sec. 11.03.020. 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: "Certified Technician" means an individual who is qualified/Certified with a General Radiotelephone Operator License (GROL/PG); or Journeyman Wireless C.E.T.; or NARTE EMC Technician; or NARTE EMC Engineer; or equivalent, to review design plans and perform tests in affected structures to measure City of Palm Springs Public Safety Radio System Coverage Specifications. "City of Palm Springs Public Safety Radio System Coverage Specifications" means those specifications designed to provide optimum coverage and radio effectiveness within buildings and structures under the Palm Springs Communication System, approved and amended from time to time by the Fire Chief and on file in the Fire Department. "Fire Chief' means the Fire Chief of the City of Palm Springs or the Fire Chief's designee. "Fire Department" means the City of Palm Springs Fire Department. Ordinance No. 1722 Page 3 ' Sec. 11,03.060, Exemptions. This Chapter shall not apply to the following: A. Elevators and elevator shafts. B. Structures that are three stories or less without subterranean storage or parking. C. Wood -constructed residential structures three stories or less without subterranean storage or parking. Should construction that is three stories or less include subterranean storage or parking, then this ordinance shall apply only to the subterranean areas. Sec. 11.03.070. Costs. The owner and property developer shall be responsible to hire and pay all costs for the certified technician who will be the Special Inspector. Any company or individual hired to perform special inspection work for the project may not be part of the construction or installation process. The certified technician may not be employed by or have a vested interest in the general contracting company, any subcontracting companies, building management, building ownership or any portion of structure construction. Payment of the Special Inspector's fee and costs shall not be made contingent upon the passage of the acceptance test. Sec. 11.03.080, Noncompliance. After discovery of noncompliance, the building owner is provided three months to remedy the deficiency and gain compliance. ' Notwithstanding the foregoing, no Certificate of Occupancy shall be issued after discovery of noncompliance until the deficiency is corrected and the acceptance test is passed. 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 provision of this ordinance or failing to comply with any of its requirements shall be deemed guilty of an infraction, punishable by a fine not exceeding One Thousand Dollars ($1,000.00) per day the violation continues. 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, continued or permitted by such person, firm or corporation, and shall be punishable therefor. SECTION 2. In support of the adoption of this Ordinance, the City Council of the City of Palm Springs finds: A. The City of Palm Springs provides public safety services through the Fire Department (PSFD) and Palm Springs Police Department (PSPD). B. Both existing and increased development throughout the City have caused interference to the 800 MHz and 150 MHz communications systems used by the PSFD and the PSPD. Ordinance No. 1722 Page 2 ' "Palm Springs Communication System" means the radio system used by local law enforcement, fire, and public works departments within the City of Palm Springs for emergency and non -emergency radio communications. "Special Inspector" means a certified technician who is approved by the City of Palm Springs to conduct acceptance testing. Sec. 11.03.030. Use and occupancy. A. Except as otherwise provided, each building or structure for which a building permit is issued on or after November 5, 2007, or any part thereof, shall be erected, constructed, and occupied in a manner consistent with the Palm Springs Public Safety Radio System Coverage Specifications. B. Owners shall maintain reliable radio communication within their buildings and structures in compliance with Palm Springs Public Safety Radio System Coverage Specifications. C. The provisions of this Chapter shall not apply to any building or structure erected or built and occupied pursuant to a building permit issued on or before November 5, 2007, provided that any addition, alteration, or enlargement of twenty percent (20%) or more in total floor area of such building or structure, then such building or structure shall ' be retrofitted or otherwise modified to comply with the requirements of Subsection A above. Sec. 11.03.040. Testing procedures. Test of radio coverage will be conducted pursuant to those specifications in the City of Palm Springs Public Safety Radio System Coverage Specifications as provided in this Section. A. Acceptance testing. Acceptance testing will be performed by a Special Inspector in accordance with test standards as listed in the City of Palm Springs 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. Complete documentation of acceptance testing conducted and the results shall be forwarded to the Fire Department. B. Annual tests. Annual tests will be administered by the Fire Chief in accordance with the test standards as listed in the City of Palm Springs Public Safety Radio System Coverage Specifications. Sec. 11.03.050. Amplification systems allowed. Buildings and structures that cannot support the required level of radio coverage shall be equipped with an amplification system as specified in the City of Palm Springs Public Safety Radio System Coverage ' Specifications. Ordinance No. 1722 Page 4 C. Said radio 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 to the public. D. In order to minimize the danger to life caused by ineffective communication, all new buildings will be required to provide for communications systems such that effective and continuous public safety radio communication will be maintained, and existing non-exempt buildings that do not support the minimum radio coverage for City emergency service workers will be required to install an amplification or other system to ensure adequate public safety radio communications. E, This ordinance constitutes a "local security standard" regulating the erection, construction, or alteration of buildings pursuant to California Penal Code Section 14051. SECTION 3. The City of Palm Springs Public Safety Radio System Coverage Specifications shall be applied to the non-exempt buildings and structures specified in this Ordinance. SECTION 4. The City Council declares that, should any provision, section, paragraph, sentence, or word of this ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences, or words of this ordinance shall remain in full force and effect. SECTION 5. The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same, or the summary thereof, to be published and posted pursuant to the provisions of law and this Ordinance shall take effect thirty (30) days after passage. APPROVED, PASSED, AND ADOPTED THIS 3RD DAY OF OCTOBER, 2007. AYES: Councilmember Foat, Councilmember McCulloch, Councilmember Mills, Mayor Pro Tern Pougnet, and Mayor Oden. NOES: None. ABSTAIN: None. ABSENT: None. / R04ODEN, MAYOR ATTEST: IJ ;mle s Thompson, City Clerk Ordinance No. 1722 Page 5 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS) I, JAMES THOMPSON, City Clerk of the City of Palm Springs, California, do hereby certify that Ordinance No. 1722 is a full, true and correct copy, and was introduced at a regular meeting of the Palm Springs City Council on the 25 of July, 2007 and adopted at a regular meeting of the City Council held on the 3`j day of October, 2007 by the following vote: AYES: Councilmember Foat, Councilmember McCulloch, Councilmember Mills, Mayor Pro Tern Pougnet, and Mayor Oden. NOES: None. ABSENT: None. ABSTAIN: None. > J / ames Thompson, City Clerk City of Palm Springs, California 1-1