San Clemente Municipal Code Ch. 8.80 Building Regulations

The intent of this chapter is to provide a regulatory framework for the purpose of providing effective 800 MHz Countywide Coordinated Communication System coverage throughout the City of San Clemente for police and fire emergency services.

(Ord. 1306 § 1 (part), 2005)

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:

"OCFA" means the Orange County Fire Authority.

"OCSD/Communications" means the Orange County Sheriff-Coroner Department/Communications Division.

"Local Fire Department" means that fire agency that provides fire protective services and rescue/paramedic services for the City of San Clemente (e.g. OCFA).

"Countywide Coordinated Communication System" means 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.

"Coverage specifications" means those certain City of San Clemente Public Safety Radio System coverage specifications, which are designed to provide optimum coverage and radio effectiveness within buildings and structures under the Countywide Coordinated Communication System. The coverage specifications are attached hereto and incorporated herein as Attachment "A."

"FCC-certified technician" means 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 compliance with coverage specifications.

"Special Inspector" means an FCC-certified technician approved by the City of San Clemente.

"Subterranean" means any portion of a building that has at least sixty (60) percent or more of the story height below finished grade.

(Ord. 1306 § 1 (part), 2005)

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 Communications 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 set forth in the coverage specifications.

(Ord. 1306 § 1 (part), 2005)

Testing of radio coverage will be conducted pursuant to the test standards set forth in the coverage specifications, as summarized below.

A. Initial Tests. Initial tests will be performed by FCC-certified technicians in accordance with the test standards set forth in the coverage specifications. A Certificate of Occupancy shall not be issued if said structure, or any part thereof, fails to comply with said 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 set forth in the coverage specifications.

(Ord. 1306 § 1 (part), 2005)

Buildings and structures that cannot support the required level of radio coverage shall be equipped with amplification systems as specified in the coverage specifications or any other system approved, in writing, by the OCSD/Communications and the Local Fire Department/Orange County Fire Authority (OCFA).

(Ord. 1306 § 1 (part), 2005)

This ordinance shall not apply to the following:

A. Buildings or structures existing prior to the time this ordinance became effective;

B. Elevators;

C. Buildings or structures that are three (3) stories or less and do not contain subterranean levels;

D. Residential buildings or structures constructed of wood that are four (4) stories or less and do not contain subterranean levels;

E. Subterranean portions of buildings or structures that contain less than one thousand five hundred (1,500) square feet of floor area;

F. Subterranean parking garages that contain less than eight (8) parking spaces;

G. Other buildings or structures where limited radio coverage will not adversely effect public safety when specifically approved by the San Clemente Police Services Lieutenant and the Orange County Fire Authority Division Chief.

Should construction less than the story height described in items three (3) and four (4) above include subterranean portions, then this ordinance shall apply only to the subterranean portions.

(Ord. 1306 § 1 (part), 2005)

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. The FCC-certified technician shall not be the contractor or any other person responsible for the building or structure construction.

(Ord. 1306 § 1 (part), 2005)