[Added 11-16-2004 by Bill No. 04-12; amended 1-19-2016 by Bill No. 15-13]
(a)Â
Name. The regulations hereby adopted shall
constitute and shall hereafter be known as the "Worcester County Public
Safety Radio Coverage Code" and may be cited and is hereinafter referred
to as the "Public Safety Radio Coverage Code."
(b)Â
Purpose and intent. It is the intent of this
Subtitle to ensure the uninterrupted operation of Worcester County's
public safety, law enforcement, other emergency-related and County
operational wireless communications systems. It is the purpose of
this Subtitle to require, as herein provided, that all persons or
entities constructing, erecting or maintaining buildings and structures
or equipment in Worcester County do so in a manner which does not
interfere with the effective use of the County's wireless communications
network and provides for the appropriate facilities necessary to eliminate
interference and provide for adequate public safety radio coverage.
This Subtitle shall apply throughout the County, including the
municipalities, in all instances where applicable building or fire
code requires assurance of public safety radio coverage. The Department,
by agreement, may modify the scope of this Subtitle within any municipality.
Should any section or provision of this Subtitle be declared
by the courts to be unconstitutional or invalid, such decision shall
not affect the validity of the Title as a whole or any part thereof
other than the part so declared to be unconstitutional or invalid.
The responsibility for the administration of this Subtitle shall
be vested in the Department of Emergency Services. The enforcement
of this Subtitle shall be vested in the appropriate building or fire
code official.
(a)Â
APCO
AUTHORITY HAVING JURISDICTION
BICSI
DEPARTMENT
FCC
TWO-WAY RADIO COMMUNICATIONS ENHANCEMENT SYSTEM
Definitions of terms and acronyms. For the
purposes of this Subtitle, the following definitions describe the
meanings of the terms used in this Subtitle.
The Association of Public Safety Communications Officials.
An organization, office, or individual responsible for enforcing
the requirements of a code or standard, or for approving equipment,
materials, an installation, or a procedure.
Building Services Consulting Service International.
The Worcester County Department of Emergency Services.
The Federal Communications Commission.
A combination of components, RF-emitting devices, antennas,
cables, power supplies, control circuitry, and programming installed
at a specific location to improve wireless communications for public
safety.
(a)Â
Radio coverage determinations. In all matters
related to public safety radio system coverage, interference, and
two-way radio communications enhancement systems within Worcester
County, Maryland, the Department of Emergency Services shall be the
authority having jurisdiction. The Department shall cooperate with
officials charged with enforcing building codes and fire prevention
codes where such codes relate to public safety radio system coverage,
interference, and two-way radio communications enhancement systems.
(b)Â
(c)Â
Permit required. A permit, issued by the Department,
shall be required for the installation and operation of a radio coverage
enhancement system.
(d)Â
Annual certification. The holder of a permit
for the operation of a two-way radio communications enhancement system
shall be responsible to conduct annual inspections, preventive maintenance,
and testing of the radio coverage enhancement system at least annually
and provide certification of such to the Department.
(e)Â
Required notifications. The holder of a permit
for the operation of a two-way radio communications enhancement system
shall immediately notify the Worcester County Public Safety Answering
Point of any trouble condition involving the radio coverage enhancement
system as well as immediately report when the trouble has been resolved.
(a)Â
Misdemeanor. Any person convicted of violating
the provisions of this Subtitle shall be guilty of a misdemeanor and
upon conviction thereof, shall be subject to a fine of not more than
five thousand dollars or imprisonment not exceeding one year, or both
for each violation, with costs imposed in the discretion of the court.
Each day that a violation continues shall be a separate offense. In
addition, the Department may institute injunctive, mandamus or other
appropriate action or proceedings of law to correct violations of
this Subtitle. Any court of competent jurisdiction shall have the
right to issue temporary or permanent restraining orders, injunctions
or mandamus, or other appropriate forms of relief.
(b)Â
Civil infraction. In addition, as an alternative
remedy, violations of the provisions of this Subtitle or failure to
comply with any of its requirements may, in minor cases as determined
by the Department, constitute a civil infraction and shall be subject
to a fine of not more than five hundred dollars. Each day that a violation
continues shall be a separate offense.
(c)Â
Other remedies. The County may invoke any
other remedy provided by public local law.
(d)Â
Offenders. The owner, contractor, agent or
other person who commits, participates in, assists in or maintains
such violation may each be found guilty of a separate offense and
suffer the penalties herein provided.
