§ 329 — Certification of compliance with board standards

§ 329. Certification of compliance with board standards. 1. Local\npublic safety answering points. (a) Each operator of a local public\nsafety answering point shall affirmatively certify biennially that such\nlocal public safety answering point complies with the standards\npromulgated by the board pursuant to subdivision four of section three\nhundred twenty-eight of this article; provided, however, that the\noperator of a local public safety answering point operated within or by\na county with a population of more than one million or a local public\nsafety answering point servicing a city with a population in excess of\none hundred thousand according to the federal decennial census of two\nthousand which received wireless 911 calls on or before the effective\ndate of this article must only affirmatively certify that such local\npublic safety answering point complies with the standards promulgated\npursuant to paragraph (a) of subdivision four of section three hundred\ntwenty-eight of this article. Such certification, together with a list\nof all service suppliers and wireless telephone service suppliers which\nprovide 911 service to such local public safety answering point and,\nwhere questions of jurisdiction may arise and the local public safety\nanswering point is subject to paragraph (b) of subdivision four of\nsection three hundred twenty-eight of this article, a statement of the\njurisdictional protocols utilized by public safety agencies within the\n911 service area for the provision of emergency services, shall be\ntransmitted to the chairperson of the board.\n (b) If the board determines that a local public safety answering point\nis not in compliance with the applicable standards promulgated by the\nboard pursuant to subdivision four of section three hundred twenty-eight\nof this article, the board shall notify the operator of the local public\nsafety answering point and the chief executive officer of the local\ngoverning body which operates the local public safety answering point in\nwriting of such failure to comply and the reasons therefor and shall\nspecify any measures which shall be undertaken to secure compliance.\nWithin one hundred twenty days of such notification the operator of the\nlocal public safety answering point shall submit a plan of correction to\nthe board and to the chief executive officer of the local governing body\nwhich operates the local public safety answering point. If the board\ndetermines that the plan of correction is not satisfactory, the board\nshall advise the operator of the local public safety answering point and\nthe chief executive officer of the manner in which the plan of\ncorrection is not satisfactory and shall specify the measures necessary\nto obtain compliance and the operator of the local public safety\nanswering point shall submit a revised plan of correction within thirty\ndays. Following the board's approval of a plan of correction, the board\nshall monitor the local public safety answering point for compliance\nwith the plan of correction. Upon a written finding by the board that a\nlocal public safety answering point has failed to substantially adhere\nto its plan of correction, or upon the failure of a local public safety\nanswering point to submit a plan of correction acceptable to the board,\nsuch local public safety answering point shall not be eligible to\nreceive reimbursement of eligible wireless 911 service costs pursuant to\nsection three hundred thirty-one of this article, until such time as the\nboard finds the local public service answering point to be in\ncompliance.\n 2. State public safety answering points. (a) The superintendent of the\ndivision of state police shall affirmatively certify biennially that all\nstate public safety answering points are in compliance with the\nstandards promulgated by the board pursuant to paragraph (a) of\nsubdivision four of section three hundred twenty-eight of this article.\nSuch certification, together with a list of all wireless telephone\nservice suppliers licensed by the federal communications commission that\nown, operate or control wireless telecommunications facilities located\nin the geographical area or areas in which the state public safety\nanswering points receive 911 calls, a list of all service suppliers\nwithin such geographical area or areas and, where questions of\njurisdiction may arise, a statement of jurisdictional protocols utilized\nby public safety agencies within such geographical areas for the\nprovision of emergency services, shall be transmitted to the chairperson\nof the board.\n (b) If the board determines that a state public safety answering point\nis not in compliance with the applicable standards promulgated by the\nboard pursuant to paragraph (a) of subdivision four of section three\nhundred twenty-eight of this article, the board shall notify the\nsuperintendent of the division of state police in writing of such state\npublic safety answering point's failure to comply and the reasons\ntherefor and shall specify any measures which shall be undertaken to\nsecure compliance. Within one hundred twenty days of such notification\nthe superintendent of the division of state police shall submit a plan\nof correction to the board. If the board determines that the plan of\ncorrection is not satisfactory, the board shall advise the\nsuperintendent of the division of state police and the state public\nsafety answering point of the manner in which the plan of correction is\nnot satisfactory and shall specify the measures necessary to obtain\ncompliance and the superintendent of the division of state police shall\nsubmit a revised plan of correction within thirty days. Following the\nboard's approval of a plan of correction, the board shall monitor the\nstate public safety answering point for compliance with the plan of\ncorrection. Upon a written finding by the board that a state public\nsafety answering point has failed to substantially adhere to its plan of\ncorrection, or upon the failure of a state public safety answering point\nto submit a plan of correction acceptable to the board, the board shall\nnotify the chief executive officer of each local government served by\nsuch state public safety answering point that the state public safety\nanswering point is not in compliance with applicable standards.\n