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Home My WebLink About08-012\~ «W~ U ~ z U O ~ ~ ~ ~ w ~ ~ Qo ~ ~ o ~ ~, ~ ~ R~ `' N m U!~-ou°'i N N ~ ~ ~ w O 7 O ~ Q Q ~- U o °- co LLWo^e3 UcoMC~ Z-~'"~~po z~Oo w°ai~o~ ORDINANCE NO. 08-012 AN ORDINANCE AMENDING THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE BY AMENDING CHAPTER 7.00.00 DEVELOPMENT DESIGN AND IMPROVEMENT STANDARDS BY CREATING SECTION 7.10.25 "BUILDING AND HOUSING REGULATIONS"; PROVIDING THE REQUIREMENT THAT BUILDINGS AND STRUCTURES SUPPORT ADEQUATE RADIO COVERAGE FOR EMERGENCY SERVICES COMMUNICATIONS; PROVIDING FOR OWNER RESPONSIBILITY; PROVIDING FOR TESTING: PROVIDING FOR NON- COMPLIANCE; PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY AND APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING FORAN EFFECTIVE DATE; PROVIDING FOR ADOPTING AND PROVIDING FOR CODIFICATION WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. On August 1, 1990, the Board of County Commissioners of St. Lucie County, Florida, adopted the St. Lucie County Land Development Code. 2. The Board of County Commissioners has adopted certain amendments to the St. Lucie County Land Development Code, through the following Ordinances: 91-03 - March 14, 1991 91-21 - November 7, 1991 93-01 - February 16, 1993 93-05 - May 25, 1993 93-07 - May 25, 1993 94-18 - August 16, 1994 95-01 - January 10, 1995 97-01 - March 4, 1997 97-03 - September 2, 1997 99-02 - April 6, 1999 99-04 - August 17, 1999 99-15 - July 20, 1999 99-17 - September 7, 1999 00-10 - June 13, 2000 00-12 - June 13, 2000 01-03 - December 18, 2001 02-09 - March 5, 2002 Underlined passages are added 91-09 - May 14, 1991 92-17 - June 2, 1992 93-03 - February 16, 1993 93-06 - May 25, 1993 94-07 - June 22, 1994 94-21 - August 16, 1994 96-10 - August 6, 1996 97-09 - October 7, 1997 99-01 - February 2, 1999 99-03 - August 17, 1999 99-05 - July 20, 1999 99-16 - July 02, 1999 99-18 - November 2, 1999 00-11 - June 13, 2000 00-13 - June 13, 2000 02-05 - June 24,2002 02-20 - October 15, 2002 ~ ~a~F~ passages are deleted. -.0 02-29 - 04-02 - 04-33 - 05-03 - 05-07 - 05-23 - 06-13 - 06-18 - 06- 30 - 07-11 - 07 -17 - 08-04 - October 15, 2002 January 20, 2004 December 7, 2005 August 2, 2005 January 18, 2005 September 20, 2005 June 6, 2006 May 30, 2006 September 12, 2006 February 6, 2007 June 5, 2007 March 11, 2008 03-05 - 04-07 - 05-01 - 05-04 - 05-16 - 06-05 - 06-17 - 06-22 - 06-47 - 07 -1 5 - 07-32 - October 7, 2003 April 20, 2004 March 15, 2005 August 2, 2005 August 16, 2005 April 18, 2006 May 30, 2006 July 18, 2006 December 5, 2006 May 1, 2007 November 1, 2007 3. The St. Lucie County Board of County Commissioners has purchased and installed an emergency radio communications system; and 4. This emergency radio system is used between and among all of the emergency response and law enforcement agencies tn the county,including the incorporated municipalities; and 5. In order to protect the health, safety and welfare of the publiC, agency response and law enforcement personnel must be able to use the radio communications system within buildings; and 6. The Board has further determined that adoption of building codes requiring owners of buildings and structures to ensure adequate radio coverage within those buildings, will protect the public; and 7. On July 17, 2008, the Local Planning Agency/Planning and Zoning Commission held a public hearing on the proposed ordinance after publishing notice in the Tribune at least ten (10) days prior to the hearing and recommended that the proposed ordinance be approved. 8. On August 12, 2008, this Board held its first public hearing on the proposed ordinance, after publishing a notice of such hearing in the Tribune on July 29, 2009. 9. On , this Board held its second public hearing on the proposed ordinance, after publishing a notice of such hearing in the Tribune on August 19, 2008. 10. The proposed amendments to the St. Lucie Countyland Development Code Underlined passages are added I ~ 2 Struck tlìfGugh passages are deleted. " are consistent with the general purpose, goals, objectives and standards of the St. Lucie County Comprehensive Plan and are in the best interest of the health, safety and public welfare of the citizens of St. Lucie County, Florida. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: PART A. THE SPECIFIC AMENDMENT TO THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE TO READ AS FOLLOWS, INCLUDE: **************************** CHAPTER VII DEVELOPMENT DESIGN AND IMPROVEMENT STANDARD 7.00.00 SUPPLEMENTAL CHANGES 7.00.01 - 7.10.24 Remain unchanged 7.10.25 EMERGENCY SERVICES COMMUNICATIONS A. PURPOSE. , Modern hurricane-resistant building techniques often use materials that significantly impede the passage of radio frequency signals through the walls. doors. and windows of newer and remodeled structures. This causes a loss of communications essential to the health. safety and welfare of St. Lucie County citizens and public safety responders durin~ a police. fire. or emergency medical response within these buildings. It is the intent of this ordinance to provide for the continuation of these emergency communications (wherever possible) within these structures. To this end. the constructing. erecting. or remodeling of buildings and structures in St. Lucie - County will be required to accommodate the communications needs of emergency personneL A certificate of occupancy will not be issued for any new building or structure that fails to meet this requirement. Underlined passages are added 3 Struck through passages are deleted. B. GENERAL. h It shall be the responsibility of all owners constructing or erectin~ new buildings and structures four (4) stories or hi~her or more than 150 feet in dimension to ....rovide for the installation and maintenance of such e ui ment as necessar to su ort the required level of covera~e for the St. Lucie County Emergency Communications System. These costs will be born by the buildin~ owner. 2. Any changes to the shell of an existing building or renovation of 50% or more of the s~uare foota e of the interior of an existin structure will re uire testin . This testin~ will be performed as described for initial testing. Should testing results show lack of adequate coverage. costs for installation and maintenance of such equipment as necessar to su ort ade uate covera e for the St. Lucie Count Emef enc Communications System will be born by the buildin~' s owner. l,. Building's owners. engineers and architects are advised that the inst211lation of roof and floor penetration conduits during construction can significantly reduce the cost of a bi-directional amplifier ("BDA") installation. 4. Frequency ranges to be supported are 806 through 809 MHz uplink and 851 through 854 MHz downlink. These frequencies are permanently allocated to St. Lucie County Public Safety by the Federal Communications Commission. ~ Initial testin~ to determine need: Testing for adequate coverage will be conducted by the St. Lucie County Fire District or the St. Lucie County Buildin~ Department using a standard Motorola _ hand-held radio and communicating through the Emergency Communications System. Adequate communications coverage shall be defined as completion of successful communications throughout the building. or: less than 75% signal loss «6.0 dB) throughout the building: within the frequency ranges of 806 through 809 MHz uplink and 851 through 854 MHz downlink. C. OWNER RESPONSIBILITY. h Where this coverage cannot be achieved through building construction methods. building owners will be required to provide an alternate solution at their expense. In most cases. this will entail the use of a BDA system. Underlined passages are added 4 Struck through passages are deleted. I \,~ [ 2. Nothing in this ordinance precludes the building owner from seeking the cooperation and assistance of commercial cellular telephone companies in providing financial and/ or technical assistance. Multiple use BOA systems (systems accommodating cellular mobile telephones as well as the St. Lucie County Public Safety frequencies) will be acceptable and are encouraged. l,. The installation and use of any such BOA system shall require the approval and meet the specifications of the St. Lucie County Department of Public Safety. This requirement ensures that the BOA system does not interfere with the functioning of the County's Emergency Communication System and satisfactorily meets the needs of the inhabitants and Public Safety personnel. 4. All BDA systems installed on the St. Lucie County Public Safety frequencies shall be Federal Communications Commission (FCC) 'Type Accepted'. shall have a four (4) hour battery backup' and shall be approved by and registered with St. Lucie County Public Safety (the FCC licensee of these frequencies). ~ St. Lucie County Public Safety reserves the right to waive the requirement for a BOA when necessary to protect the overall integrity of the Emergency Communications System. In such cases. a written letter of waiver shall be issued by the Public Safety Oirectorto the building owner. D. TESTING. h The gain values of all amplifiers shall be· measured and recorded by the _ installer and these measurements shall be registered with both St. Lucie County Public Safety and the building owner - so that they can be verified during annual tests and maintenance. 2. The BOA system shall be tested annually· by the St. Lucie County Fire Oistrict. at the building owner's expense. to ensure that the system is performing properly. l,. The County. or its representatives. at any time. after providing reasonable notice to the owner or his representative. shallhave the right to enter into the property to conduct field testing to be certain the required level of radio coverage is present. 4". Any changes to the shell of an existing building or renovation of 50% or more of the square foot?ge of the interior of an existing structure will require testing. This testing will be performed as described for initial testing. Underlined passages are added 5 Struck through passages are deleted. E. VIOLATION. It shall be a violation· of the St. Lucie County Land Development Code fora ~ropertv owner. lessee, licensee. contractor, or a government entitv not otherwise exempt by law. to erect a building. or other structure. or portion thereof. or cause a building or other structure. or portion thereof. to be erected or constructed in a manner that creates interference with St. Lüc1e Coünty'spubtic safety. law enforcement. other emer 7enc -related and count 0 erational telecommunications networks. For ur oses of this article. a facility shall be considered part of St. Lucie County's law enforcement. public safety. other emergency-related and county operational telecommunications networks if it is existing or if it is a part of St. Lucie County's long range comprehensive radio communications plan approved by the Board of County Commissioners. and shall include amon other facilities those munici alities serviced b St. Lucie Count 's telecommunications system. Each day a building or structure. or portion thereof. constructed or erected after the effective date of this articlè creates such interference, shall constitute a separate violation. .L... NON-COMPLIANCE. The owner or owners of existing buildings or - structures that are found to be in non-compliance with this Section shall be subject to code enforcement procedures and fines. This shall not preclude other penalties allowed by taw. PART B. CONFLICTING PROVISIONS. Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie County, County ordinances and County resolutions, or parts thereof, in conflict with this ordinance are hereby superseded by this ordinance to the extent of such confl ict. PART C. SEVERABILITY . If any portion of this' ordinance is for any reason held or declared to be unconstitutional, inoperative; or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property, or circumstance, such holding shallnot affect its applicability to any other person, property or circumstance. PART D. APPLICABILITY OF ORDINANCE. This ordinance shall be applicable in the unincorporated area of St. Lucie County. Underlined passages are added 6 Struck through passages are deleted. PART E. FILING WITH THE DEPARTMENT OF STATE. The Clerk be and is hereby directed forthwith to· send a certified copy of this ordinance to the Bureau of Administrative Code and Laws, Department of State, The Capitol, Tallahassee, Florida 32304. PART F. EFFECTIVE DATE. This ordinance shall take effect upon filing with the Department of State. PART G. ADOPTION. After motion and second, the vote on this ordinance was as follows: Joseph E. Smith, Chairman Paula Lewis, Vlce Chair Commissioner Chris Craft Commissioner Doug Coward Commissioner Charles Grande AYE AYE AYE AYE AYE PART H. CODIFICATION. Provisions of this ordinance shall be incorporated in the St. Lucie County Code and Compiled Laws, and the word "ordinance" may be changed to "section", "article", or other appropriate word, and the sections of this ordinance may be renumbered or .~ relettered to accomplish such intention; provided, however, that parts B through H shall not be codified. PASSED AND DULY ENACTED this 9th day of September, 2008. ATTEST: Underlined passages are added BY: 7 Strucll through passages are deleted. CHARLIE CRIST Governor September 18, 2008 sE?Zs%0 STATE LIBRARY AND ARCHIVES OF FLORIDA KURT S. BROWNING Secretary of State Honorable Edwin M. Fry", Jr. Clerk of the Circuit Court St. Lucie County Post Office Drawer 700 Fort Pierce, Florida 34954 Attention: Millie Delgado -Feliciano, Deputy Clerk Dear Mr. Fry: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your letter dated September 15, 2008 and a copy of St. Lucie County Ordinance No. 08-012, which was filed in this office on September 17, 2008. Sincerely, Y Liz Cloud Program Administrator LC/srd i DIRECTOR'S OFFICE R.A. 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