Chapter 6 — PUBLIC SAFETY RADIO SYSTEM COVERAGE

Sec. 5-9-601. - 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 of Irvine for police

and fire emergency services.

(Ord. No. 05-09, § 1, 5-10-05)

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 Irvine 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 City of Irvine Public Safety Radio System Coverage Specifications.

Local Fire Department: That fire agency that provides fire protective services and rescue/paramedic services for the City of Irvine (e.g., OCFA).

OCFA: Orange County Fire Authority.

OCSD/Communications: Orange County Sheriff-Coroner Department/Communications Division.

Special inspector: An FCC-certified technician who is approved by the City of Irvine.

(Ord. No. 05-09, § 1, 5-10-05)

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. For the purposes of this section, adequate radio coverage shall include those specifications in the City of Irvine Public Safety Radio System Coverage Specifications, attached and incorporated herein as Exhibit A (see end of this chapter).

(Ord. No. 05-09, § 1, 5-10-05)

Test of radio coverage will be conducted pursuant to those specifications in the City of Irvine Public Safety Radio System Coverage Specifications, attached and incorporated herein as Exhibit A, 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 Irvine Public Safety Radio System Coverage Specifications, attached and incorporated herein as Exhibit A. 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 OCFA, the local Fire Department personnel, or their agent in accordance with the test standards as listed in the City of Irvine Public Safety Radio System Coverage Specifications, attached and incorporated herein as Exhibit A.

(Ord. No. 05-09, § 1, 5-10-05)

Sec. 5-9-605. - 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 Irvine Public Safety Radio System Coverage Specifications, attached and incorporated herein as Exhibit A, or any other system approved by the OCSD/Communications, in writing.

(Ord. No. 05-09, § 1, 5-10-05)

Sec. 5-9-606. - Exemptions.

This chapter shall not apply to the following:

1.

Existing buildings or structures.

2.

Elevators.

3.

Structures that are three stories or less without subterranean storage or parking and that do not exceed 50,000 square feet on any single story.

4.

Wood-constructed residential structures four stories or less without subterranean storage or parking which are not built integral to an above ground multi-story parking structure.

Should construction that is three stories or less which does not exceed 50,000 square feet on any single story include subterranean storage or parking, then this chapter shall apply only to the subterranean areas.

(Ord. No. 05-09, § 1, 5-10-05; Ord. No. 10-09, § 7, 12-14-10)

Sec. 5-9-607. - 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.

(Ord. No. 05-09, § 1, 5-10-05)

Sec. 5-9-608. - Noncompliance.

After discovery of noncompliance, the building owner is provided six months to remedy the deficiency and gain compliance.

(Ord. No. 05-09, § 1, 5-10-05)

EXHIBIT A. CITY OF IRVINE PUBLIC SAFETY RADIO SYSTEM COVERAGE SPECIFICATIONS

1.

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 will be inspected annually as part of the Orange County Fire Authority's Fire Inspection.

2.

Signal strength, signal rejection, modulation compatibility, and delivered audio quality. The following defines the minimum required level of radio signal strength:

•

A 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.

•

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 percent 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 Irvine. 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.

•

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:

3.

Remedies to 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:

•

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 Irvine Public Safety Radio."

•

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 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 Chief Building Official of the City of Irvine, OCFA 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 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.

ii.

The building owner must retain all records of initial and annual inspections and submit copies to the Chief Building Official of the City of Irvine, OCFA, and OCSD/Communications.

B.

Initial test procedure. 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 will 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 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 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 OCFA inspector or appointed agent will annually test the in-building system components to determine general functional operability. If noncompliance 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 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.

(Ord. No. 05-09, § 1, 5-10-05)

CHAPTER 7. - EXPEDITED PERMITTING PROCESS FOR ELECTRIC VEHICLE CHARGING STATIONS

Sec. 5-9-701. - Title and purpose.

This chapter shall be known as the "City of Irvine Expedited Permitting Process for Electric Vehicle Charging Stations Ordinance", may be cited as such, and will be referred to herein as "this chapter." The purpose of this chapter is to promote and encourage the use of electric vehicles by creating an expedited, streamlined permitting process for electric vehicle charging stations while promoting public health and safety and preventing specific, adverse impacts in the installation and use of such electric vehicle charging stations.

(Ord. No. 22-14, § 2, 11-22-22)

Sec. 5-9-702. - Definitions.

The definitions contained in this section shall govern the construction, meaning, and application of words and phrases used in this chapter. Words or phrases used in this chapter that are not specifically defined in this section shall be interpreted by the Building Official to give them the meaning that results in the most reasonable application of this chapter.

Application checklist: The checklist found on the City's website containing the information which an EVCS application must contain to be considered complete and eligible for expedited, streamlined approval pursuant to this chapter.

Building Official: The City of Irvine Chief Building Official or his or her designee.

City: The City of Irvine.

Electric vehicle charging station (EVCS) or charging station: The meaning set forth in California Government Code section 65850.7, as may be amended from time to time.

Electronic submittal: The utilization of the City's web-based application and document submittal platform.

EVCS application: An application for a building permit or similar non-discretionary permit to install, replace, or otherwise alter an EVCS.

Specific, adverse impact: The meaning set forth in California Government Code section 65850.7, as may be amended from time to time.

(Ord. No. 22-14, § 2, 11-22-22)

Sec. 5-9-703. - Applicability and requirements.

This chapter applies to the permitting of all EVCS in the City. EVCS legally established or permitted prior to the effective date of the ordinance codified in this chapter are not subject to the requirements of this chapter unless physical alterations are undertaken that materially affect the size, type, location, or components of an EVCS in such a way as to require a new building permit or similar non-discretionary permit. Routine maintenance and repair, including like-for-like replacement of individual components of an EVCS, shall not be considered a material alteration requiring a new building permit or similar nondiscretionary permit.

ions are undertaken that materially affect the size, type, location, or components of an EVCS in such a way as to require a new building permit or similar non-discretionary permit. Routine maintenance and repair, including like-for-like replacement of individual components of an EVCS, shall not be considered a material alteration requiring a new building permit or similar nondiscretionary permit.

The provisions of this chapter shall not be deemed to nullify any provisions of local, state, or federal law. EVCS installed, replaced, or otherwise altered pursuant to this chapter shall comply with all applicable federal, state, and local health and safety standards and requirements, including but not limited to Title 5, Division 9 of the Irvine Municipal Code. EVCS shall also meet all applicable safety and performance standards established by the Society of Automotive Engineers, the National Electrical Manufacturers Association, and accredited testing laboratories such as Underwriters Laboratories, and, where applicable, rules of the Public Utilities Commission regarding safety and reliability.

(Ord. No. 22-14, § 2, 11-22-22)

Sec. 5-9-704. - Administration.

The Building Official is authorized to administer the provisions of this chapter. The Building Official shall have approval authority for all EVCS applications.

(Ord. No. 22-14, § 2, 11-22-22)

Sec. 5-9-705. - Expedited permit application and review.

A.

Submittal. Every EVCS application shall be submitted to the City through an electronic submittal and shall contain the information set forth in the application checklist.

B.

Determination of completeness of EVCS application. Following the City's receipt of an EVCS application, the Building Official shall determine whether the EVCS application is complete.

1.

An EVCS application shall be deemed complete if the Building Official determines that the EVCS application satisfies the information requirements of the application checklist.

2.

If the Building Official determines that an EVCS application does not satisfy the information requirements of the application checklist, the EVCS application shall be deemed incomplete. EVCS applications deemed incomplete shall be returned to the applicant along with a written correction notice detailing all deficiencies in the EVCS application and any additional information or documentation required to be eligible for expedited, streamlined approval pursuant to this chapter.

C.

Administrative review.

1.

EVCS applications deemed complete shall be administratively reviewed by the Building Official. The Building Official's review shall be limited to whether EVCS applications meet all health and safety requirements of local, state, and federal law. The applicable requirements of local law shall be limited to those standards and regulations necessary to ensure that the EVCS will not have a specific, adverse impact upon the public health or safety. The Building Official's review of EVCS applications shall not be subject to approval of any associations, as defined in Section 4080 of the Civil Code.

2.

Except as otherwise provided in this chapter, the Building Official shall administratively approve EVCS applications deemed complete which meet all of the following requirements:

a.

The EVCS application is consistent with this chapter; and

b.

The EVCS application meets all health and safety requirements of local, state, and federal law as provided in Paragraph 1. above; and

c.

The Building Official does not make a finding of a specific, adverse impact upon the public health or safety, as detailed in Paragraph 3. below.

The Building Official shall not be required to administratively approve EVCS applications deemed complete in either of the following situations, and may instead require a conditional use permit, or deny EVCS applications as provided herein:

a.

The Building Official may, in consultation with the City's Planning Manager, require a conditional use permit for an EVCS application if the Building Official makes a finding, based on substantial evidence, that the EVCS could have a specific, adverse impact upon the public health or safety. Any conditions imposed on an application to install an EVCS shall be designed to mitigate the specific, adverse impact upon the public health or safety at the lowest cost possible.

b.

The Building Official may deny an EVCS application if the Building Official makes a finding, based on substantial evidence in the record that the proposed installation would have a specific, adverse impact upon the public health or safety, and there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.

D.

Electronic signatures. Electronic signatures may be used in lieu of wet signatures on all forms, applications, and other documentation required by this chapter.

(Ord. No. 22-14, § 2, 11-22-22)

Sec. 5-9-706. - Appeals.

A.

Right to appeal: An EVCS applicant may appeal any decision of the Building Official made under Section 5- 9-705 to the Planning Commission. An application for appeal shall be made in writing and shall be filed with the City's Community Development Department during normal business hours. The application must clearly identify the appellant(s) and shall specify the decision appealed from and the reasons for appeal.

B.

Time for submittal: An application for appeal shall be filed within 15 calendar days of the date of the decision. The actual date of the decision shall not be counted in the 15 calendar days; rather, the day following shall be counted as day number one. Any subsequent appeal or call-up review to a higher authority must also be made within 15 days of the decision.

C.

Scheduling of appeal: The Director of Community Development shall schedule a public hearing before the Planning Commission, to occur within 60 calendar days of receipt of an application for appeal; or within 90 calendar days of receipt of an application for appeal when the application for appeal is received between November 1 and February 1.

D.

Planning Commission decision: The Planning Commission may affirm, reverse, or modify the previous decision.

E.

Appeal of Planning Commission decision: An EVCS applicant may appeal the Planning Commission's decision to the City Council pursuant to the procedure in Chapter 2-5 of the City Zoning Code.

(Ord. No. 22-14, § 2, 11-22-22)