2023 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.