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6016ORDINANCE NO. 6016 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM CALIFORNIA, ADDING NEW CHAPTER 6.05 TO TITLE 6 (PUBLIC HEALTH AND SAFETY) OF THE ANAHEIM MUNICIPAL CODE REGARDING PUBLIC SAFETY RADIO SYSTEM COVERAGE WHEREAS, the City of Anaheim Police Department ("APD") and the Anaheim Fire Department ("AFD") provide public safety services for the City of Anaheim ("City"); and WHEREAS, both existing and increased development throughout the City has caused degradation to the 800 MHZ Countywide Coordinated Communication System used by APD and AFD; and WHEREAS, 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; and WHEREAS, in order to minimize the danger to life caused by ineffective communication, all new buildings will be required to provide for the required level of communication under the 800 MHZ Countywide Coordinated Communication System such that effective and continuous radio communication will be maintained. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Chapter 6.05 is hereby added to Title 6 of the Anaheim Municipal Code to read in its entirety as follows: "CHAPTER 6.05. PUBLIC SAFETY RADIO SYSTEM COVERAGE 6.05.010 PURPOSE The intent of this Chapter is to set forth a regulatory framework to provide effective coverage throughout the City of Anaheim for the Countywide Coordinated Communication System utilized by police and fire personnel for public safety services. 6.05.020 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: .010 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. .020 Specifications: The City of Anaheim Public Safety Radio System Coverage Specifications, a copy of which, as updated. from time to time, shall be maintained in the office of the City Clerk. 6.05.030 Application and Exemptions. Except as otherwise provided in this Chapter, no person shall own, erect, construct, maintain or occupy, any building or structure, or any part thereof, or cause the same to be done, that fails to comply with the requirements of the Specifications. This article shall apply to every building and structure except the following: .010 Existing buildings or structures for which a building permit has been issued; .020 Elevators; .030 Buildings and structures that have three (3) stories or less and that do not have subterranean storage or parking, provided that this article shall apply to all subterranean storage or parking areas regardless of the height or number of stories of the building or structure. This exemption does not apply to any building or structure where, as determined by the Anaheim Police and/or Fire Department, compliance with the Specifications is required to protect the health and safety of the public. .040 Any building or structure where coverage consistent with the minimum level of service as set forth in the Specifications is already in existence without need for further improvements. .050 Any remodel, renovation, alteration or improvement of any commercial building or structure of less than thirty percent (30%) of the original building or structure. 6.05.040 Costs. The owner of any building or structure to which this chapter applies shall be responsible for all costs associated with compliance with the City of 2 Anaheim Public Safety Radio System Coverage Specifications. 6.05.040 Non-compliance. Any person who owns, erects, constructs or maintains any building or structure to which this chapter applies, or any part thereof, or causes the same to be done, that fails to Comply with this article, shall be guilty of an infraction. Section 2. The City of Anaheim Public Safety Radio System Coverage Specifications, attached to this Ordinance as Exhibit A is hereby adopted by this reference as though set forth in full herein and shall be applied to the buildings and structures specified in Section 1 of this Ordinance. Section 3. The adoption of this 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 4. This Ordinance shall become effective thirty (30) days after its adoption. Section 5. Severability The City Council of the City of Anaheim hereby declares that should any stiction, paragraph, sentence or word of this ordinance of the Code, hereby adopted, be declared for any reason to be invalid, it is the intent of the Council that it would have passed all -other- portions. of this ordinance independent of the elimination herefrom of any such portion as may be declared invalid. Section 6. Savings Clause Neither the adoption of this ordinance nor the repeal of any other ordinance of this City shall in any manner affect the prosecution for violations of ordinances, which violations were committed prior to the effective date hereof, nor be construed as a waiver of any license or penalty. or the penal provisions applicable to any violation thereof. The provisions of this ordinance, insofar - as they are substantially the same as ordinance provisions previously adopted by the City relating io the same subject matter, shall be construed as restatements and continuations, and not as new enactments. Section 7. Penalty 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 3 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. 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 as provided for in this ordinance. THE FOREGOING ORDINANCE was introduced at a regular meeting of the City Council of the City of Anaheim held on the 7 th * day of February , 2006, .and thereafter passed and adopted .at a regular meeting of said City Council held on- the 14th day of February , 2006 , by the following roll call vote: AYES: Mayor Pringle, Council Members Chavez, Galloway, Hernandez NOES: None ABSENT: Council Member Sidhu ABSTAIN: None ATTEST: CLEA OF CITY OF ANAHEIM 4 CITY AHEIlWI By OR OF TH4C OF ANAHEIM EXHIBIT A CITY OF ANAHEIM PUBLIC SAFETY RADIO SYSTEM COVERAGE SPECIFICATIONS I. Definitions. The following words, terms, and phrases when used in these specifications shall have the following meanings ascribed to them, except where the context clearly indicates a differing meaning: Amplification System: An in -building public safety radio amplification system composed of FCC -certified bi-directional 800 MHZ amplifier(s), associated distribution system, and subcomponents. AFD: City of Anaheim Fire Department. CCCS. Countywide Coordinated Communication System. FCC Certified Technician: An individual who is qualified with a General Class Radio Telephone License, or equivalent, to review design plans and perform tests in affected structures to measure compliance with the specifications set forth in this article. APD: City of Anaheim Police Department. OCSD: Orange County Sheriff s Department- Communications Division II. Required Specifications. The following levels of coverage are required for public - safety radio communication- on the Countywide Coordinated Communication System: A. A delivered audio quality of level 3 on each floor of the building or structure, which constitutes audio quality that makes speech understandable with slight effort with occasional repetition required due to noise or distortion. B. A minimum signal strength of (-950m) in 90% of the area of each floor of the building or structure from both the Countywide Coordinated Communication System and from within the building or structure. C. A frequency range supported from the Countywide Coordinated Communication System on each floor of the building or structure. D. All new buildings or structures shall be constructed with a two-inch (2") conduit installed between the first floor or the bottom subterranean floor, as applicable, and said 5 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 floors of subterranean parking garages shall have a similar conduit installation. Inspections of conduit installation shall be performed and approved by an FCC Certified Technician. III. Options for Compliance. Buildings and structures that cannot be constructed to provide the specifications set forth in this ordinance shall be equipped with an amplification system or an active device that complies with the following criteria or any other system approved in writing by the APD and AFD. A. Amplification System Specifications. 1. The amplification system shall include filters to reject frequencies outside those specified by CCCS. 2. All amplification system components must be 100% compatible with analog and digital modulations after installation without additional adjustments or modifications. The system must be capable of encompassing the frequencies stated above and capable of future modifications to a frequency range subsequently established by the City. If the system is not capable of modification to future frequencies, then a new system must be installed to accommodate the new frequency band. 3. All electrical components must be equipped with independent auxiliary battery power or generators to function at full capacity for at least twelve (12) hours. The auxiliary battery systems shall be replaced per manufacturer's specifications. 4. The amplification system shall be installed by a FCC certified technician. B. Active Device Specifications. 1. Active devices shall have a minimum of —50 dB 3' order intermodulation protection. 2. All active devices shall be FCC Part 90 Type Certified. 3. All electrical components must be equipped with independent auxiliary battery power or generators to function at full capacity for at least twelve (12) hours. The auxiliary battery shall be replaced per manufacturer's specifications. 2 4. Active devices shall be alarmed with a phone line that will provide dial tone to an alarm device. The alarm device will be programmed to activate a pager on the County of Orange's paging system, as required by OCSD. Access to the active device is required twenty-four (24) hours a day by City, APD and/or OCSD technicians/engineers. The minimum alarms will indicate backup battery low voltage and operational failure. The device shall also have modem access to allow remote monitoring. 5. All AC operated power supplies shall be UL listed for the intended use. IV. Testing procedures. A. Initial Tests. 1. Prior to issuance of a building permit for a building or structure to which these specifications apply, the applicant shall: a. Retain an FCC -certified technician to review, sign, and stamp construction plans in order to ensure that such plans satisfy these specifications, and recommend, if needed, an amplification system or an active device for reliable radio communication; b. Submit copies of plans certified by an FCC -certified technician to the City's Chief Building Official for transmittal to and review by AFD, APD and OCSD. 2. Prior to the issuance of a certificate of occupancy for any building or structure to which these specifications apply, the applicant shall: a. Retain an FCC -certified technician to test all areas of the building or structure in accordance with subsection b, below, and to certify by stamp and signature compliance with these specifications. b. 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 on each floor. 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 such an event, a maximum of four (4) nonadjacent areas will be permitted to fail the test. The test shall be conducted using a signal meter or equivalent. The test shall - be conducted from a spot located approximately in the center of each grid area. Once the spot has been selected and tested, prospecting for a better spot within the grid area is prohibited. 7 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 and they will provide certification of this to AFD. 3. 'All plans and specifications submitted to review and approval of the Public Safety Radio System shall. be retained by the AFD. B. Annual Tests. The Anaheim Fire Department shall perform periodic tests, at a minimum on an annual basis, on each floor of each building or structure to which these specifications apply to confirm continued compliance with the specifications set forth in this article. The building owner shall ensure testing of the auxiliary power system under load for a minimum period of one (1) hour to verify that the system will operate properly in the event of a power outage. The owner will supply the City and OCSD with documentation of the test conducted by a certified technician. C. Record Retention. The owner of any building or structure to which these specifications apply shall retain all records of initial tests performed pursuant to this section and shall submit copies to the APD and AFD within thirty (30) days of completion of such tests. Annual tests records shall be submitted to APD, AFD and OCSD within thirty (30) days of completion of such tests. 59298.3 8 AFFIDAVIT OF PUBLICATION STATE OF CALIFORNIA, ) ) ss. County of Orange ) I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above -entitled matter. I am the principal clerk of the Anaheim Bulletin, a newspaper that has been adjudged to be a newspaper of general circulation by the Superior Court of the County of Orange, State of California, on December 28, 1951, Case No. A-21021 in and for the City of Anaheim, County of Orange, State of California; that the notice, of which the annexed is a true printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to wit: February 23, 2006 "I certify (or declare) under the penalty of perjury under the laws of the State of California that the foregoing is true and correct": Executed at Santa Ana, Orange County, California, on Date: February 23, 2006 Signature Anaheim Bulletin 625 N. Grand Ave. Santa Ana, CA 92701 (714)796-2209 PROOF OF PUBLICATION This space is for the County Clerk's Filing Stamp Proof of Publication of Paste Clipping of Notice SECURELY In This Space _nom ORDINANCE NO. 6016 y FINANCE OF THE CITY COUNCIL OF THE CITY OF ANAP 3ALIFORNIA, ADDING NEW CHAPTER 6.05 TO TITLE 6 (F C HEALTH AND SAFETY) OF THE ANAHEIM MUM FINO PUBLIC SAFETY RADIO SYSTEM COVERAGE the%. of Anaheim Police Department ("APD') and the Anaheim Fire Department ("AFD") provide public safety services for the City of Anaheim ("City"); and both existing:and increased development throughout the City has caused degradation to the 800 MHZ Countywide Coordinated Communication System used by APD and AFD; and 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 a in ober to minimize the danger to fife caused by ineffecWe communication, all new buildings will be required to provide for the required level of communication under the 800 MHZ Countywide Coordinated Corr Ifective and continuous radio communication will be maintained.- THEREFORE, aintained. THEREFORE, THE CIN COUNCIL OF THE CITY OF ANAHEIM DOES HEREBY ORDAIN AS FOLLOWS: on 1. Chapter 6.05 is hereby added to Title 6 of the Anaheim Municipal Code to read in its entirety as follows: PUBLIC SAFETY RADIO SYSTEM COVERAGE iter is to set forth a regulatory framework to provide effective coverage throughout the City of Anaheim for the Countywide Coordinated Communication System utilized by police and fire personnel for id 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: 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 col of Anaheim Public Safety Radio System Coverage Specifications, a copy of which, as updated from time to time, shall be maintained in the office of the City Clerk. 9.030 Applleation and Exemptions. hpt as otherwise provided in this Chapter, no person shall own, erect, construct, maintain or occupy, any building or structure; or any part thereof, or cause the same to be done, that fails to comply with the requirements its article shall apply to every building and structure except the following: - Existing buldings or structures for which a building permit has been issued; Elevators; Buildings and structures that have three (3) stones or less and that do not have subtercansan storage or parking provided that this article shall apply to all subterranean storage or parking areas regardless of the height I Bs of the building or structure. This exemptxm does not appty to any building or structure where, as determined by the Anaheim Police and/or Fire Department, compliance with the Specifications is required to protect th y of the public. Any building or structure where coverage consistent with the minimum level of service as set forth in the Specifications is already in existence without need for further improvements. Any remodel, renovation, alteration or improvement of any commercial building or structure of less than thirty percent (30%) of the original building or structure. " owner of any building or structure to which this chapter applies shall be responsible for alt costs associated with compliance with the City of Anaheim Public Safety Radio System Coverage Specifications. 9.010 Non-compliance. person who owns, erects, constructs or maintains any building or structure to which this chapter applies, or any part thereof, or causes the same to be done, that fails to comply with this article, shall be guilty of an infractio :Ron 2. The City of Anaheim Public Safety Radio System Coverage Specifications, attached to this Ordinance as Exhibit A is hereby adopted by this reference as though set forth in full herein and shall be applied to tl is specified in Section 1 of this Ordinance. ,tion 3. The adoption of this Ordinance is exempt from the requirements of the California Environmental Quality Act pursuant to Section 15308 of Title 14 of the Caldomia Code of Regulations because the Ordinance set J procedures for the maintenance, restoration, enhancement, and protection of the environment. - 4S. This Ordinance shall become effective thirty (30) days after its adoption. hereby declares that should any section, paragraph, sentence or word of this ordinance of the Code, hereby adopted, be declared for any reason to be invalid, it is the Intent of the Cou ice independent of the elimination herefrom of any such portion as may be declared invalid. S. Savings Clause a adoption of this ordinance nor the repeal of any other ordinance of this City shall in any manner affect the prosecution for violations of ordinances, which violations were committed prior to the effective date hereof, r any license or penalty or the penal provisions applicable to any violation thereof. The provisions of this ordinance, insofar as they are substantially the same as ordinance provisions previously adopted by the Ci matter, shall be construed as restatements and continuations, and not as new enactments. ¢tion 7. Penalty call be unlawful for any person, firm or corporation to violate an provision or fail to comply with any of the requirements of this ordinance. Any rson, firm or corporation violating ury provision of this ordinance or failinj a requirements shall be deemed guilty of an infraction, punishable by a fine not exceeding One Thousand Dollars ($1,000.00) per day. Each such person, firm or corporation shall be deemed guilty of a separate offense f 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 therefore as provided for in this ordinance. FOREGOING ORDINANCE was introduced at a regular meeting of the City Council of the City of Anaheim held on the 7th day of February, 2006, and thereafter passed and adopted at a regular meeting of said City Coi y of February, 2006, by the following roll call vote: Mayor Pringle, Council Members Hernandez, Galloway, Chavez None r. Council Member Sidhu N: None )a/ Sheryll Schroeder CITY OF ANAHEIM .ERK OF THE CITY OF ANAHEIM By /s/ Curt Pringle MAYOR OF THE CITY OI EXHIBIT A CITY OF ANAHEIM PUBLIC SAFETY RADIO SYSTEM COVERAGE SPECIFICATIONS IeflnRlons. following words, terms, and phrases when used in these specifications shall have the following meanings ascribed to them, except where the context clearly indicates a differing meaning: public safety radio amplification system composed of FCC -certified bi-directional 800 MHZ amplifier(s), associated distribution system, and subcomponents. a General Class Radio Telephone License, or equivalent, to review design plans and perform tests in affected structures to measure compliance with the sped City, of Anaheim Police Department. Wcibt Orange County Sheriffs Department- Communications Division L Required SpecNications. he following levels of coverage are required for public safety radio communication on the Countywide Coordinated Communication System: A. A delivered audio quality of level 3 on each floor of the building or structure, which constitutes audio quality that makes speech understandable with slight effort with occasional repetition required due to noise or distortion S. A minimum signal strength of (-95dBm) in 90% of the area of each floor of the building or structure from both the.Countywide CoordinatedCommunicationSystem and from within the building or structure. C. A frequency range supported from the Countywide Coordinated Communication System on each floor of the building or structure. D. All new buildings or structures shall be constructed with a two-inch (2") conduit installed between the first floor or the bottom subterranean floor, as applicable, and said conduit shall extend along the center of the buildi 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 floors 'C garages shall have a similar conduit installation. Inspections of conduit installation shall be performed and approved by an FCC Certified Technician. IL OpUons for Compliance. iuldings end structures that cannot be constructed to provide the specifications set forth in this ordinance shall be equipped with an amplification system or an active device that complies with the following criteria or any din writi gg by the APD and AFD. A. ArnpWasiti n Systom Specifications. 1. Theampl ion system shall include fitters to =act frequencies outside those specified by CCCS. 2.All amplification system components must be 10 compatible with analog and digital modulations after installation without additional adjustments or modifications. The system must be capable of encompassing the fr 1 and capable of future modifications to a frequency range subsequently established by the City. If the system is not capable of modification to future frequencies, then a new system must be installed to accommodate th 3.AII electrical components must be equipped with independent auxiliary battery power or generators to function at full capacity for at least twelve (12) hours. The auxiliary battery systems shall be replaced per manufar 4. The amplification system shall be installed by a FCC certified technician. L AcUw Device SpscNlo stbes. 1. Active devices shell have a minimum of -50 dB 3rd order intemhodulation protection. 2. All active devices shall be FCC Part 90 Type Certified. 3. All electrical components must be equippped with independent auxiliary battery power or generators to function at full capacity for at least twelve (12) hours. The auxiliary battery shall be replaced per manufacturer's sspp 4. Active devices shall be alarmed wt th a phoria line that will provide dial tone town alarm device. The alarm device will be programmed to activate a pager on the County of Orange's pagging system, as required by ON device is required twenty-four (24) hours a day by City, APD and/or OCSD technicians/engineers. The minimum alarms will indicate backup battery low voltage and operational failure. The devx;e shell also have modem a( 5.70AC operated power supplies shall be UL listed for the intended use. Testing procedures. . Initial TasW t. -Prior to issuance of a buildingg permit for a building or structure to which these specifications apply, the applicant shall:a. Retain an FCC -certified technktian to review, sign, and stamp construction plans in order to ensure that such plans satisfy these specifications, and recommend, If needed, an amplification system or an active device iication; b.Submit copies of plans certified by an FCC -certified technician to the City's Chief Building Official for transmittal to and review by AFD, APD and OC$D. 2. Prior to the Issuance of a certlflcate of occupancy for any t a. Retain aped technician to test all areas of the b. For purposes of testing each floor of the building shall I res fail the test, and to provide greater statistical accuracy, tl peter or equivalents. The test shall be conducted from a sp otshal cli p of tested under load for failure. The F eGC-certined technician N 3. AN pians and specifications submitted to review and appro iorat by slamand s'��ggnature compliance with these specifications. of two r2) non�7jacent areas will be permitted to fail the test on each floor. in the in mum of four (4) nonad)acert areas will be permitted to fail the test. The lest shall be lien selected and tpp pecting for a better spot within the grid area is prohlWDs rent of a power outage. Tthe testing technician reserves the discretion to determine w mart on•an annual bask, on each floor of each building or structure to which these sons apply to confirm continued compliance with the specific system under bad for a minimum period of one (Q hour to verify that the system will operate properly in the event of a power outage. The owner cetyl su to vrhicFt these %% shall retain all records of initial tests performed pursuant to this section and shall submit copies to the API) and APD to APQ, g OCSD wHfdn#ikiy (30) days of completion of such testa.