Section 329. Certification of compliance with board standards  


Latest version.
  • 1. Local
      public safety answering points. (a) Each  operator  of  a  local  public
      safety  answering point shall affirmatively certify biennially that such
      local  public  safety  answering  point  complies  with  the   standards
      promulgated  by  the board pursuant to subdivision four of section three
      hundred twenty-eight  of  this  article;  provided,  however,  that  the
      operator  of a local public safety answering point operated within or by
      a county with a population of more than one million or  a  local  public
      safety  answering  point servicing a city with a population in excess of
      one hundred thousand according to the federal decennial  census  of  two
      thousand  which  received  wireless 911 calls on or before the effective
      date of this article must only affirmatively  certify  that  such  local
      public  safety  answering  point complies with the standards promulgated
      pursuant to paragraph (a) of subdivision four of section  three  hundred
      twenty-eight  of  this article. Such certification, together with a list
      of all service suppliers and wireless telephone service suppliers  which
      provide  911  service  to  such local public safety answering point and,
      where questions of jurisdiction may arise and the  local  public  safety
      answering  point  is  subject  to  paragraph  (b) of subdivision four of
      section three hundred twenty-eight of this article, a statement  of  the
      jurisdictional  protocols  utilized by public safety agencies within the
      911 service area for the  provision  of  emergency  services,  shall  be
      transmitted to the chairperson of the board.
        (b) If the board determines that a local public safety answering point
      is  not  in  compliance with the applicable standards promulgated by the
      board pursuant to subdivision four of section three hundred twenty-eight
      of this article, the board shall notify the operator of the local public
      safety answering point and the chief  executive  officer  of  the  local
      governing body which operates the local public safety answering point in
      writing  of  such  failure  to comply and the reasons therefor and shall
      specify any measures which shall be  undertaken  to  secure  compliance.
      Within  one hundred twenty days of such notification the operator of the
      local public safety answering point shall submit a plan of correction to
      the board and to the chief executive officer of the local governing body
      which operates the local public safety answering  point.  If  the  board
      determines  that  the  plan of correction is not satisfactory, the board
      shall advise the operator of the local public safety answering point and
      the chief  executive  officer  of  the  manner  in  which  the  plan  of
      correction  is not satisfactory and shall specify the measures necessary
      to obtain compliance  and  the  operator  of  the  local  public  safety
      answering  point shall submit a revised plan of correction within thirty
      days. Following the board's approval of a plan of correction, the  board
      shall  monitor  the  local  public safety answering point for compliance
      with the plan of correction. Upon a written finding by the board that  a
      local  public  safety answering point has failed to substantially adhere
      to its plan of correction, or upon the failure of a local public  safety
      answering  point to submit a plan of correction acceptable to the board,
      such local public safety  answering  point  shall  not  be  eligible  to
      receive reimbursement of eligible wireless 911 service costs pursuant to
      section three hundred thirty-one of this article, until such time as the
      board   finds  the  local  public  service  answering  point  to  be  in
      compliance.
        2. State public safety answering points. (a) The superintendent of the
      division of state police shall affirmatively certify biennially that all
      state  public  safety  answering  points  are  in  compliance  with  the
      standards  promulgated  by  the  board  pursuant  to  paragraph  (a)  of
      subdivision four of section three hundred twenty-eight of this  article.
      Such  certification,  together  with  a  list  of all wireless telephone
    
      service suppliers licensed by the federal communications commission that
      own, operate or control wireless telecommunications  facilities  located
      in  the  geographical  area  or  areas  in which the state public safety
      answering  points  receive  911  calls,  a list of all service suppliers
      within  such  geographical  area  or  areas  and,  where  questions   of
      jurisdiction may arise, a statement of jurisdictional protocols utilized
      by  public  safety  agencies  within  such  geographical  areas  for the
      provision of emergency services, shall be transmitted to the chairperson
      of the board.
        (b) If the board determines that a state public safety answering point
      is not in compliance with the applicable standards  promulgated  by  the
      board  pursuant  to  paragraph  (a) of subdivision four of section three
      hundred twenty-eight  of  this  article,  the  board  shall  notify  the
      superintendent  of the division of state police in writing of such state
      public safety answering  point's  failure  to  comply  and  the  reasons
      therefor  and  shall  specify  any measures which shall be undertaken to
      secure compliance. Within one hundred twenty days of  such  notification
      the  superintendent  of the division of state police shall submit a plan
      of correction to the board. If the board determines  that  the  plan  of
      correction   is   not   satisfactory,   the   board   shall  advise  the
      superintendent of the division of state  police  and  the  state  public
      safety  answering point of the manner in which the plan of correction is
      not satisfactory and shall specify  the  measures  necessary  to  obtain
      compliance  and the superintendent of the division of state police shall
      submit a revised plan of correction within thirty  days.  Following  the
      board's  approval  of  a plan of correction, the board shall monitor the
      state public safety answering point for  compliance  with  the  plan  of
      correction.  Upon  a  written  finding  by the board that a state public
      safety answering point has failed to substantially adhere to its plan of
      correction, or upon the failure of a state public safety answering point
      to submit a plan of correction acceptable to the board, the board  shall
      notify  the  chief  executive officer of each local government served by
      such state public safety answering point that the  state  public  safety
      answering point is not in compliance with applicable standards.