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Home My WebLink About2007-01 an Ordinance Amending Title 10, Vail Town Code, Adopting Chapter 3 "In-Building Safety Radio System Coverage", Providing Minimum Standards for In-Built Radio System Coverage • ORDINANCE NO. 1 SERIES OF 2007 AN ORDINANCE AMENDING TITLE 10, VAIL TOWN CODE; ADOPTING CHAPTER 3, "IN-BUILDING PUBLIC SAFETY RADIO SYSTEM COVERAGE"; PROVIDING MINIMUM STANDARDS FOR IN-BUILDING RADIO SYSTEM COVERAGE; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, the Town of Vail, in the County of Eagle and State of Colorado (the "Town"), is a home rule municipal corporation duly organized and existing under laws of the State of Colorado and the Town Charter (the "Charter"); and WHEREAS, the members of the Town Council of the Town (the "Council") have been duly elected and qualified; and WHEREAS, the Council finds that the ability of police, fire, ambulance and other emergency providers and personnel to communicate with each other within buildings and structures, and to communicate from within buildings and structures to personnel and locations outside of the building and structures, is vital to the public safety and welfare; and • WHEREAS, The Council further finds that a failure to communicate in the above- referenced manner creates a hazard to emergency providers, residents and guests; and WHEREAS, the Council wishes to adopt minimum standards regarding in-building amplification to ensure a reasonable degree of reliable emergency services communications from within certain buildings and structures in the Town, between public safety providers, and to and from the Town of Vail Emergency Communication Center. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Title 10 of the Vail Town Code is hereby amended by the addition of Chapter 3 to read as follows: Ordinance No. 1, Series of 2007 1 • Chapter 3 In-Building Public Safety Radio System Coverage SECTION: 10-3-1: Purpose 10-3-2: Radio Coverage 10-3-3: Application of Provisions 10-3-4: Enhanced Amplification Systems 10-3-5: Testing 10-3-6: Qualifications of Testing Personnel 10-3-7: Property Owner Maintenance Responsibilities 10-3-8: Exemptions 10-3-9: Failure to Comply 10-3-10: Appeals • 10-3-1: PURPOSE: The purpose of this Chapter 3 is to establish minimum standards within certain buildings in the Town of Vail to ensure a reasonable degree of reliable emergency service communications from within certain buildings and structures in the Town, between public safety providers, and to and from the Town of Vail Emergency Communication Center. 10-3-2: RADIO COVERAGE: Except as otherwise provided, no person shall erect, construct or modify any building or structure or any part thereof, or cause the same to be done, which fails to support adequate radio coverage for public safety agencies, including but not limited to police, fire, emergency medical services and public works departments. For purposes of this Chapter, adequate radio coverage shall include those specifications set forth in the Town of Vail In- Building Public Safety Radio System Coverage Specifications, which may be amended by resolution of the Town Council and which shall be kept in the office of the Town Clerk. A • Ordinance No. 1, Series of 2007 2 • certificate of occupancy shall not be issued for any building or structure which fails to comply with this requirement. 10-3-3: APPLICATION OF PROVISIONS: For the purposes of this Chapter, definitions of basement, building, structure, occupant load, and related elements shall be as defined in the International Building Code. To the extent that the provisions of this Chapter apply to structures and buildings already in existence at the time of the adoption of this Chapter, the owner of said structure or building shall have eighteen (18) months, from the time the owner is notified in writing by the Town of Vail of the need to comply, to file a plan of compliance. Thereafter, the owner shall have an additional eighteen (18) months to bring the building or structure into compliance herewith. A. Buildings and structures greater than 25,000 gross square feet or modifications to existing buildings or structures which cause the buildings to be greater than 25,000 gross • square feet. B. Existing buildings and structures of less than 25,000 gross square feet that have occupancy loads of over one-hundred (100) persons, regardless of the occupancy. C. All basements where the occupancy load is greater than fifty (50) persons, regardless of the occupancy. D. All sub-level parking areas where radio communications do not meet the minimum requirements as set forth by this Chapter. 10-3-4: ENHANCED AMPLIFICATION SYSTEM: Where buildings and structures are required toprovide in-building amplification systems to achieve adequate signal strength, such buildings and structures may use any or all of the following: radiating cable systems, internal multiple antenna systems with a frequency range as specified, with amplification systems as needed, or any other system approved by the Town of Vail. Ordinance No. 1, Series of 2007 3 • 10-3-5: TESTING: In-building amplification systems as required by this Chapter shall undergo initial testing, annual testing and periodic five year testing in accordance with the Town of Vail In-Building Public Safety Radio System Coverage Specifications, which are incorporated into this Chapter by reference and which shall remain on file in the office of the Town Clerk. 10-3-6: QUALIFICATIONS OF TESTING PERSONNEL: All tests shall be conducted, documented, and signed by a person in possession of a current Federal Communications Commission ("FCC") general radiotelephone operator license. All test records shall be retained at the inspected premises by the building owner and a copy submitted to Vail Fire & Emergency Services (Fire Department) within thirty (30) days of when the test has been conducted. In the event the test shall fail to comply with the minimum requirements, appropriate repairs shall be made and additional tests conducted until tests meet the minimum requirements of this Chapter. II • 10-3-7: PROPERTY OWNER MAINTENANCE RESPONSIBILITY: Upon verification of the initial testing: A. The property owner shall be responsible for maintenance of the system. B. A copy of the maintenance contract, excluding costs, shall be provided to the Town of Vail Fire Department with the name of contractor, who will supply a 24-hour, 7-day per week emergency response within four (4) hours after notification by the Town of Vail or the property owner. C. The maintenance contract shall also contain information as to contact personnel with phone numbers. Property owners shall also submit information to the Vail Public Safety Communications Center with phone numbers for the property owner and manager. D. The property owner shall also be responsible for making any repairs, replacement or upgrades to the systems as directed by the Town of Vail, should the system fail or no longer work in the future. • Ordinance No. 1, Series of 2007 4 • 10-3-8: EXEMPTIONS: A. Single family /duplex residences and attached garages constructed under the International Residential Code are exempt from the requirements in this Chapter. B. Single family /duplex residences and attached garages constructed under the International Building Code, under 25,000 gross square feet, are exempt from the requirements in this Chapter. C. Buildings that meet the minimum In-bound and Out-bound signal strength specifications as delineated in the Town of Vail In-Building Public Safety Radio System Coverage Specifications. 10-3-9: FAILURE TO COMPLY: Failure to comply with any provision of this Chapter shall be grounds for the Town of Vail to refuse to issue a Certificate of Occupancy or to revoke any previously issued Certificate of Occupancy for the building or structure. Building owners who fail to comply may be subject to additional enforcement actions as provided for in the Town of Vail Municipal i • Code or Colorado law, which may include a summons and complaint and/or injunctive relief. 10-3-10: APPEALS: A written appeal may be made to the Building Code Board of Appeals regarding the revocation of the Certificate of Occupancy, or a failure to issue a Certificate of Occupancy, within thirty (30) days of the revocation or from the date of the Town's decision to not issue said certificate. Appeals shall be made to the Town of Vail Building Code Board of Appeals to provide for reasonable interpretations of the provisions of this Chapter. The Board of Appeals shall render timely decisions and findings in writing to the Town of Vail Fire Chief, with a duplicate copy to the appellant. Section 2. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase • Ordinance No. 1, Series of 2007 5 • thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 3. The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. This ordinance shall become effective seven (7) days after final passage. Section 4. The amendment of any provision of the Town Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 5. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore . repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 20th day of February, 2007, and a public hearing for second reading of this Ordinance set for the 13th day of March, 2007, at 6:00 P.M. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Rodney E. Slifer, Mayor ATTEST: L i D naldson, Town Clerk • Ordinance No. 1, Series of 2007 6 READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED iN FULL • this 17th day of April, 2007. • , 9~ _ ~ SEAL Rodney E. 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