Bi-Directional Amplifiers/Regulations/Modify, the official text

SPONSOR: Sen. Poore & Rep. Cooke
                                                                Sens. Walsh, Wilson

                                                DELAWARE STATE SENATE
                                                153rd GENERAL ASSEMBLY

                                                SENATE BILL NO. 259

    AN ACT TO AMEND TITLE 9 AND TITLE 22 OF THE DELAWARE CODE RELATING TO EMERGENCY
    COMMUNICATION SYSTEMS.

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

1   Section 1. Amend Chapter 26, Title 9 of the Delaware Code by making deletions as shown by strike through and

2 insertions as shown by underline as follows:

3   § 2616. Emergency Communication Systems.

4   (d) The zoning ordinance and regulations adopted pursuant to this section shall provide that newly constructed

5 constructed, modified, or renovated buildings of 25,000 square feet of gross floor area or more shall be designed,

6 constructed and/or equipped so that they meet the GAT (Grid Acceptance Test) at 95% compliance for 800 MHz public

7 safety in-building communications coverage. The in-building coverage required under this section may occur naturally or

8 may require in-building emergency communications equipment as defined in subsection (a) of this section.

9   (e) No issuing agency shall award a permanent certificate of occupancy unless a building affected under this

10 section meets the GAT 95% coverage requirement. An issuing agency may issue a temporary certificate of occupancy for a

11 period of 3 months if a reasonable effort has been made to meet the requirements under this section prior to the issuance of

12 the temporary certificate of occupancy.

13  (f) The Delaware Department of Safety and Homeland Security (DSHS), or its designee, shall develop and

14 promulgate rules and regulations for the implementation of the provisions in this section. The Secretary of DSHS shall form

15 an advisory committee consisting of representatives of state agencies and private commercial and industrial building

16 interests to develop the rules and regulations specified in this section. The advisory committee shall be comprised of no

17 more than 16 members which shall consist at least of the following members:

18  (1) The Secretary of the Department of Safety and Homeland Security or the Secretary’s designee;

19  (2) A representative of the Office of Facilities Management to be appointed by the Director of the Office of

20 Management and Budget;

21  (3) A representative of the Delaware Volunteer Firefighter’s Association;

22  (4) A representative from Emergency Medical Service;

    SD : JH : ALW                               Page 1 of 3                     Released: 03/17/2026 12:12 PM
    4761530091
23  (5) A representative from the Delaware State Police to be appointed by the Colonel of the State Police;

24  (6) A representative of the Police Chiefs Council to be appointed by the President of the Police Chiefs Council;

25  (7) A representative from the Delaware Department of Transportation [DelDOT] to be appointed by the Secretary

26 of the DelDOT;

27  (8) A representative of the Delaware Department of Technology and Information to be appointed by the Chief

28 Information Officer of the Delaware Department of Technology and Information;

29  (9) A representative from the Delaware Healthcare Association;

30  (10) A member of the Commercial Industrial Realty Council;

31  (11) Two members at-large to be appointed by the Governor of the State of Delaware.

32  The remaining members shall be appointed by the Governor and shall represent owners and developers of

33 buildings greater than 100,000 square feet. The Advisory Committee shall expire upon completion and adoption of the rules

34 and regulations under this section, but no later than February 28, 2009.

35  (g) The rules and regulations promulgated by the Department of Safety and Homeland Security shall not require

36 any building to be certified for 95% in-building coverage until all 800 MHz communications towers within a county, under

37 the Next Generation 800 MHz Project in effect at the time this section is enacted, are fully operational. If a building

38 otherwise subject to the provisions of this section is temporarily exempt from certification under this section due to

39 unfinished towers in a county, the design and construction of a building shall incorporate the means to later install any

40 equipment necessary to meet the 95% GAT in-building coverage requirement. A building temporarily exempted under this

41 subsection shall be certified within 6 months after all Next Generation 800 MHz communication towers are fully

42 operational within a county. The Department of Safety and Homeland Security shall publish, and update, on its website, a

43 map of the State showing those counties in which buildings subject to this chapter must comply with the requirements

44 under this section.

45  Section 2. Amend § 4927, Title 9 of the Delaware Code by making deletions as shown by strike through and

46 insertions as shown by underline as follows:

47  § 4927. Emergency Communication Systems.

48  The zoning ordinance and regulations adopted pursuant to this chapter shall provide that newly constructed

49 constructed, modified, or renovated buildings of 25,000 square feet of gross floor area or more, shall be designed,

50 constructed and/or equipped in accordance with the provisions set forth in § 2616 of this title.

51  Section 3. Amend § 6927, Title 9 of the Delaware Code by making deletions as shown by strike through and

52 insertions as shown by underline as follows:

    SD : JH : ALW                                Page 2 of 3                      Released: 03/17/2026 12:12 PM
    4761530091
53  § 6927. Emergency Communication Systems.

54  The zoning ordinance and regulations adopted pursuant to this chapter shall provide that newly constructed

55 constructed, modified, or renovated buildings of 25,000 square feet of gross floor area or more, shall be designed,

56 constructed and/or equipped in accordance with the provisions set forth in § 2616 of this title.

57  Section 4. Amend § 311, Title 22 of the Delaware Code by making deletions as shown by strike through and

58 insertions as shown by underline as follows:

59  § 311. Emergency Communication Systems.

60  The zoning ordinance and regulations adopted pursuant to this chapter shall provide that newly constructed

61 constructed, modified, or renovated buildings of 25,000 square feet of gross floor area or more, shall be designed,

62 constructed and/or equipped in accordance with the provisions set forth in § 2616 of Title 9.

                                                                        SYNOPSIS

              This Act proposes modifications to the in-building regulations regarding bi-directional amplifiers
    (BDAs). Currently, buildings that are modified or renovated to exceed 25,000 square feet are not required to meet the GAT
    (Grid Acceptance Test) at 95% compliance for 800 MHz public safety in-building communications coverage, as is required
    for new buildings. In some cases, contractors are tearing down all but one exterior wall and rebuilding which has drawn
    concern from Division of Communications. The BDA helps to maintain quality in-building communications and to prevent
    “dead zone” areas so emergency public safety personnel can communicate during a response to an emergency situation.

              This Act also removes language pertaining to an advisor committee that is no longer needed. The Act also removes
    the requirement that the Department of Safety and Homeland Security publish a map of buildings with these
    communication technologies due to safety concerns.

                                                                                                                               Author: Senator Poore

    SD : JH : ALW                                Page 3 of 3  Released: 03/17/2026 12:12 PM
    4761530091