Senate Bill sb1502

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2001                                  SB 1502

    By Senator Garcia





    39-690-01

  1                      A bill to be entitled

  2         An act relating to amateur radio station

  3         antennas; providing criteria for the permitting

  4         and installation of poles, masts, and towers

  5         for supporting antennas used in the operation

  6         of amateur radio stations licensed by the

  7         Federal Communications Commission; providing an

  8         effective date.

  9

10  Be It Enacted by the Legislature of the State of Florida:

11

12         Section 1.  Notwithstanding any other law, poles,

13  masts, and towers for supporting antennas used in the

14  operation of amateur radio stations licensed by the Federal

15  Communications Commission are governed by this section.

16         (1)  LOCATION ON PROPERTY.--Poles, masts, and towers

17  may not be placed closer than 5 feet from an official

18  right-of-way line or property under different ownership or

19  closer than 1 foot from an easement. If a beam (array) type of

20  antenna is installed, no element or part of such beam type

21  array antenna may extend within 5 feet of an official

22  right-of-way line or of property under different ownership or

23  within 1 foot of an easement. In the case of a wire antenna,

24  no restrictions apply.

25         (2)  COMPLIANCE WITH ELECTRICAL CODES AND FEDERAL

26  REGULATIONS.--All installations must conform to the

27  requirements of the National Electrical Code and F.C.C.

28  regulations, Part 12, Section 12.60, governing amateur radio

29  services. The National Electrical Code requires that an

30  installation maintain a minimum of 8 feet clearance of power

31

                                  1

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                                  SB 1502
    39-690-01




  1  lines over 250 volts and all high-voltage primary lines. This

  2  requirement includes the beam elements or any part thereof.

  3         (3)  BUILDING PERMITS.--Building permits are required

  4  for installation of any poles, masts, or towers over 30 feet

  5  above the roof of any structure to which they are attached and

  6  for any installation over 70 feet in height when erected on

  7  natural ground. Building permits must be obtained from the

  8  building department. Application for a permit must be

  9  accompanied by three copies of plans and specifications

10  showing all dimensions, size, and kind of members, footings,

11  and guy wires, if any; locations, depth, and type of guy

12  anchors and footings, if any; and the type and weight of

13  antennas, apparatus, or structure to be attached to or

14  supported by the structure.

15         (4)  POLES, TYPE.--Poles must be of the approved

16  creosoted type or treated or painted with a chemical

17  preservative and an outer coat of oil-base paint before

18  installation. Pole color must match surrounding development.

19         (5)  HOLES.--The recommended sizes and depths of holes

20  for various types of poles subject to good engineering

21  standards are:

22

23                Pole Height     Hole Depth

24                Above            in firm

25                Ground            Ground

26                16 ft.           3 1/2 ft.

27                20 ft.               4 ft.

28                25 ft.               5 ft.

29                35 ft.               6 ft.

30                50 ft.               7 ft.

31                60 ft.           7 1/2 ft.

                                  2

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                                  SB 1502
    39-690-01




  1                70 ft.               8 ft.

  2         (a)  If the earth is damp or soggy, the depth of hole

  3  should be increased by 1 foot.

  4         (b)  If the pole is guyed in accordance with American

  5  Standards Association standards, the depth of the hole as

  6  listed can be decreased by 1 foot. If carrying a beam, a pole

  7  must be properly guyed, as is the case where the pulling

  8  effect of wire antenna or the weight of other installations

  9  will require guying.

10         (6)  MASTS.--Masts constructed of wood (2" x 2" or 4" x

11  4" for either the "A" frame type construction or straight

12  masts) must be properly chemically treated, painted with an

13  outside coat of oil-base paint, and properly guyed both at the

14  top and the middle in at least three different directions

15  approximately 120 degrees apart. Otherwise, suitably guyed

16  masts to support a beam, whether of wood or metal pipe, must

17  comply with all the regulations applicable in regard to

18  location and guying. The maximum allowable weight of antennas,

19  rotator, and components may not exceed 150 pounds.

20         (7)  TOWERS.--Towers of steel, iron, or aluminum,

21  whether of the rigid nondemountable type or the rigid,

22  demountable type with the crank-up, crank-down and either the

23  hinged base or swivel crank-over features may carry no more

24  weight on the top than specified by the manufacturers'

25  specifications. However, a municipality or county may not

26  restrict antennas or antenna support structures of amateur

27  radio operators to heights of 70 feet or lower unless the

28  restriction is necessary to achieve a clearly defined health,

29  safety, or aesthetic objective of the city or county.

30         (8)  WAIVER OF OBJECTION FOR CERTAIN STRUCTURES;

31  SERVICING; REMOVAL.--All poles, masts, or towers and other

                                  3

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                                  SB 1502
    39-690-01




  1  structures used for antennas under this section which exceed

  2  70 feet in height above grade elevation, or which exceed 35

  3  feet in height above the roof of any structure, are subject to

  4  the following requirements:

  5         (a)  If the top of such poles, masts, or towers is

  6  higher above their foundation or the foundation of the

  7  structure on which they are erected than 90 percent of the

  8  horizontal distance from the base or projected base to the

  9  nearest adjacent property under different ownership or to the

10  nearest edge of an official right-of-way, then a permit must

11  be issued after a waiver is obtained from each owner of

12  adjacent property that the structure could fall upon.

13         (b)  In calculating the height of demountable type

14  towers, the top of the lower rigid section is considered the

15  top for the purpose of this subsection.

16         (c)  Beam array antennas must be mounted so as to

17  provide easy servicing and easy access for removal at the

18  approach of hurricanes, or provide for the lowering of the

19  beam.

20         (9)  COUNTY AND OTHER EMERGENCY COMMUNICATIONS

21  VOLUNTEERS.--Building departments shall extend courtesies to

22  all amateur operators licensed by the Federal Communications

23  Commission who are volunteers from the County Emergency

24  Management for Emergency Operations or the Weather Service.

25         (10)  CONDOMINIUM ASSOCIATIONS.--Condominium

26  associations shall reasonably allow erections of amateur radio

27  antennas as described in this section or allow antennas

28  attached to fascia of roof to a height not to exceed 15 feet

29  above the highest point of a rooftop.

30         Section 2.  This act shall take effect upon becoming a

31  law.

                                  4

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                                  SB 1502
    39-690-01




  1            *****************************************

  2                          SENATE SUMMARY

  3    Provides criteria for the permitting and installation of
      poles, masts, and towers for supporting antennas used in
  4    the operation of amateur radio stations licensed by the
      Federal Communications Commission.
  5

  6

  7

  8

  9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

                                  5

CODING: Words stricken are deletions; words underlined are additions.