NY Cty L § 329 (2021)
2021 New York Laws CNT - County Article 6-A - Local Enhanced Wireless 911 Program 329 - Certification of Compliance With Board Standards.

§  329.  Certification  of  compliance  with board standards. 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.