Certification of compliance with RF exposure limits.

(1) Within 45 days of initial operation or modification of a PWSF, the owner and operator (if different from the owner) of each antenna shall submit to the Director of Code Enforcement a written certification by a professional engineer licensed to practice in the State of New York, sworn to under penalties of perjury, that the PWSF's radio frequency emissions comply with the applicable FCC maximum permissible exposure (MPE) limits for general population/uncontrolled exposure codified in 47 CFR 1.1310(e)(1), Table 1, or any successor regulation.

(2) The licensed professional engineer shall measure the emissions of the approved PWSF as well as (where required by FCC regulation, bulletin, order or guidance) the cumulative emissions from other nearby PWSFs and determine if such emissions are within the FCC's MPE limits referenced above.

(3) The PWSF owner and operator (if different from the owner) shall submit to the Director of Code Enforcement a report of these measurements and the engineer's findings with respect to compliance with the FCC's MPE limits.

(4) If the report shows that the PWSF does not comply with applicable limits, then the owner and operator shall immediately cease operation of the PWSF until the PWSF is brought into compliance with such limits. Proof of compliance shall be a written certification by a professional engineer licensed to practice in the State of New York, sworn to under penalties of perjury, that the PWSF's radio frequency emissions comply with the applicable FCC MPE limits. The Town may require, at the applicant's expense, independent verification of the results of this analysis.

(5) After submission of the proof of compliance with the FCC's MPE limits described above, the PWSF owner and operator (if different from the owner) shall thereafter provide proofs of compliance with the applicable FCC MPE limits no less frequently than 12 months after the date of submission of the last proof of compliance. All of the provisions applicable to the initial submission shall apply to subsequent submissions.

(6) The Town shall have the right to employ a licensed professional engineer to conduct random and unannounced tests of PWSFs located within the Town to certify their compliance with the FCC's MPE limits. The Town may cause such random testing to be conducted as often as the Town may deem appropriate. However, the Town may not require the owner and/or operator to pay for more than one Town test per PWSF per calendar year, unless such testing reveals that one or more of the owner and/or operator's PWSFs are exceeding the FCC's MPE limits. In such a case, the owner and operator shall immediately cease operation of all PWSFs that do not comply with the MPE limits until the owner or operator submits proof of compliance as described above. Within 45 days of the Town's receipt of such proof of compliance, the Town may conduct a follow-up test at the expense of the owner and the operator (if different from the owner) to verify compliance.

See § 270-219: Personal wireless service facilities for complete, detailed information.