Wilmington Firefighters Association Local 1590
Delaware 911 Communications
Posted On: May 01, 2007

S.B. 79: Aims to address 911 dead zones

Posted Tuesday, April 24, 2007 at 5:59 pm

SPONSOR:
Sen. DeLuca & Rep. Oberle


Sens.Adams, Amick, Blevins, Venables

Reps. Sorenson, Booth, Cathcart, Ennis, Ewing, Hall-Long, Johnson, Keeley, Lee, Lofink, Longhurst, M Marshall, McWilliams, Mitchell, Mulrooney, Schooley, Schwartzkopf, Spence, Thornburg, Viola

DELAWARE STATE SENATE

144th GENERAL ASSEMBLY

SENATE BILL NO. 79

AN ACT TO AMEND TITLES 9 AND 22 RELATING TO EMERGENCY COMMUNICATION SYSTEMS.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend Chapter 26, Title 9 of the Delaware Code, by inserting within Subchapter I thereof a new § 2616 to read as follows:

Ҥ 2616. Emergency Communication Systems.

(a) The zoning ordinance and regulations adopted pursuant to this Chapter shall provide that newly constructed buildings in excess of 25,000 square feet of gross floor area, or renovations to existing structures where such renovations substantially affect in excess of 25,000 square feet of gross floor area, shall be designed, constructed and/or renovated so that emergency public safety personnel may send and receive emergency communications from within all areas of those buildings; or alternatively, all such buildings shall be equipped with emergency communications equipment so that emergency public safety personnel may send and receive emergency communications from all areas within the building. Every such ordinance or regulation shall provide that a certificate of occupancy for an affected property shall issue only upon the certification by the Department of Safety and Homeland Security that the newly-constructed or renovated property meets a Grid Acceptance Test (GAT), which demonstrates that the required reliability of communication is provided among 95% of the total number of grid cells at a Delivered Audio Quality (DAQ) of 3.4. Neither this section nor the ordinances or regulations adopted hereunder shall form a basis for civil liability for persons who design and/or construct a facility that has been certified by the Department of Safety and Homeland Security as meeting a GAT.

(b) ‘Emergency communications equipment’ includes, but is not limited to: two-way radio communications, signal boosters, bi-directional amplifiers, radiating cable systems or internal antenna, or any combination of the foregoing.

(c) ‘Emergency public safety personnel’ includes firefighters, emergency medical services personnel, law enforcement officers, and other personnel routinely called upon to provide emergency assistance to members of the public in a wide variety of emergency situations, including but not limited to, fires, medical emergencies, crimes, and terrorist attacks.

Section 2. Amend Chapter 49, Title 9 of the Delaware Code, by inserting within Subchapter I thereof a new § 4927 to read as follows:

Ҥ 4927. Emergency Communication Systems.

(a) The zoning ordinance and regulations adopted pursuant to this Chapter shall provide that newly constructed buildings in excess of 25,000 square feet of gross floor area, or renovations to existing structures where such renovations substantially affect in excess of 25,000 square feet of gross floor area, shall be designed, constructed and/or renovated so that emergency public safety personnel may send and receive emergency communications from within all areas of those buildings; or alternatively, all such buildings shall be equipped with emergency communications equipment so that emergency public safety personnel may send and receive emergency communications from all areas within the building. Every such ordinance or regulation shall provide that a certificate of occupancy for an affected property shall issue only upon the certification by the Department of Safety and Homeland Security’s that the newly-constructed or renovated property meets a Grid Acceptance Test (GAT), which demonstrates that the required reliability of communication is provided among 95% of the total number of grid cells at a Delivered Audio Quality (DAQ) of 3.4. Neither this section nor the ordinances or regulations adopted hereunder shall form a basis for civil liability for persons who design and/or construct a facility that has been certified by the Department of Safety and Homeland Security as meeting a GAT.

(b) ‘Emergency communications equipment’ includes, but is not limited to: two-way radio communications, signal boosters, bi-directional amplifiers, radiating cable systems or internal antenna, or any combination of the foregoing.

(c) ‘Emergency public safety personnel’ includes firefighters, emergency medical services personnel, law enforcement officers, and other personnel routinely called upon to provide emergency assistance to members of the public in a wide variety of emergency situations, including but not limited to, fires, medical emergencies, crimes, and terrorist attacks.”

Section 3. Amend Chapter 69, Title 9 of the Delaware Code, by inserting within Subchapter I thereof a new § 6927 to read as follows:

Ҥ 6927. Emergency Communication Systems.

(a) The zoning ordinance and regulations adopted pursuant to this Chapter shall provide that newly constructed buildings in excess of 25,000 square feet of gross floor area, or renovations to existing structures where such renovations substantially affect in excess of 25,000 square feet of gross floor area, shall be designed, constructed and/or renovated so that emergency public safety personnel may send and receive emergency communications from within all areas of those buildings; or alternatively, all such buildings shall be equipped with emergency communications equipment so that emergency public safety personnel may send and receive emergency communications from all areas within the building. Every such ordinance or regulation shall provide that a certificate of occupancy for an affected property shall issue only upon the certification by the Department of Safety and Homeland Security’s that the newly-constructed or renovated property meets a Grid Acceptance Test (GAT), which demonstrates that the required reliability of communication is provided among 95% of the total number of grid cells at a Delivered Audio Quality (DAQ) of 3.4. Neither this section nor the ordinances or regulations adopted hereunder shall form a basis for civil liability for persons who design and/or construct a facility that has been certified by the Department of Safety and Homeland Security as meeting a GAT.

(b) ‘Emergency communications equipment’ includes, but is not limited to: two-way radio communications, signal boosters, bi-directional amplifiers, radiating cable systems or internal antenna, or any combination of the forgoing.

(c) ‘Emergency public safety personnel’ includes firefighters, emergency medical services personnel, law enforcement officers, and other personnel routinely called upon to provide emergency assistance to members of the public in a wide variety of emergency situations, including but not limited to, fires, medical emergencies, crimes, and terrorist attacks.”.

Section 4. Amend Chapter 3, Title 22 of the Delaware Code, by inserting within Subchapter I thereof a new § 311 to read as follows:

§311. Emergency Communication Systems.

(a) All zoning ordinances and regulations adopted pursuant to this Chapter shall provide that newly constructed buildings in excess of 25,000 square feet of gross floor area, or renovations to existing structures where such renovations substantially affect in excess of 25,000 square feet of gross floor area, shall be designed, constructed and/or renovated so that emergency pubic safety personnel may send and receive emergency communications from within all areas of those buildings; or alternatively, all such buildings shall be equipped with emergency communications equipment so that emergency public safety personnel may send an receive emergency communications from all areas within the building. Every such ordinance or regulation shall provide that certificate of occupancy for an affected property shall issue only upon the certification by the Department of Safety and Homeland Security’s that the newly-constructed or renovated property meets a Grid Acceptance Test (GAT), which demonstrates that the required reliability of communication is provided among 95% of the total number of grid cells at a Delivered Audio Quality (DAQ) of 3.4. Neither this section nor the ordinances or regulations adopted hereunder shall form a basis for civil liability for person who design and/or construct a facility that has been certified by the Department of Safety and Homeland Security as meeting a GAT.

(b) ‘Emergency communications equipment’ includes, but is not limited to, two-way radio communications, signal boosters, bi-directional amplifiers, radiating cable systems or internal antenna, or any combination of the foregoing.

(c) ‘Emergency public safety personnel’ includes firefighters, emergency medical services personnel, law enforcement officers, and other personnel routinely called upon to provide emergency assistance to members of the public in a wide variety of emergency situations, including but not limited to, fires, medical emergencies, crimes, and terrorist attacks.”

Section 5. This Act shall become effective one hundred eighty (180) days following its enactment into law; provided however, that nothing in this Act shall prevent any county or municipality from adopting zoning ordinances, regulations, and/or standards, in compliance with this Act in advance of its effective date.


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