N.Y. County Law § 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.