34A.3 - JOINT E911 SERVICE BOARD -- 911 SERVICE PLAN -- IMPLEMENTATION -- WAIVERS.
34A.3 JOINT E911 SERVICE BOARD -- 911 SERVICE PLAN --
IMPLEMENTATION -- WAIVERS.
1. Joint E911 service boards -- plans.
a. The board of supervisors of each county shall maintain a
joint E911 service board.
(1) Each political subdivision of the state having a public
safety agency serving territory within the county is entitled to
voting membership on the joint E911 service board. For the purposes
of this section, a township that operates a volunteer fire department
providing fire protection services to the township, or a city which
provides fire protection services through the operation of a
volunteer fire department not financed through city government, shall
be considered a political subdivision of the state having a public
safety agency serving territory within the county. Each private
safety agency operating within the area is entitled to nonvoting
membership on the board.
(2) A township that does not operate its own public safety
agency, but contracts for the provision of public safety services, is
not entitled to membership on the joint E911 service board, but its
contractor is entitled to membership according to the contractor's
status as a public or private safety agency.
b. The joint E911 service board shall maintain an enhanced
911 service plan encompassing at minimum the entire county, unless an
exemption is granted by the program manager permitting a smaller E911
service area.
(1) The program manager may grant a discretionary exemption from
the single county minimum service area requirement based upon a joint
E911 service board's or other E911 service plan operating authority's
presentation of evidence which supports the requested exemption if
the program manager finds that local conditions make adherence to the
minimum standard unreasonable or technically infeasible and that the
purposes of this chapter would be furthered by granting an exemption.
The minimum size requirement is intended to prevent unnecessary
duplication of public safety answering points and minimize other
administrative, personnel, and equipment expenses.
(2) The program manager may order the inclusion of a specific
territory in an adjoining E911 service plan area to avoid the
creation by exclusion of a territory smaller than a single county not
serviced by surrounding E911 service plan areas upon request of the
joint E911 service board representing the territory.
c. The E911 service plan operating authority shall submit
proposed changes to the plan to all of the following:
(1) The program manager.
(2) Public and private safety agencies in the enhanced 911
service area.
(3) Local exchange service providers affected by the enhanced 911
service plan.
2. Compliance waivers available in limited circumstances.
a. The program manager may extend the time period for plan
implementation by issuing a compliance waiver.
b. The compliance waiver shall be based upon a joint E911
service board's presentation of evidence which supports an extension
if the program manager finds that local conditions make
implementation financially unreasonable or technically infeasible by
the originally scheduled plan of implementation.
c. The compliance waiver shall be for a set period of time,
and subject to review and renewal or denial of renewal upon its
expiration.
d. The waiver may cover all or a portion of a 911 service
plan's enhanced 911 service area to facilitate phased implementation
when possible.
e. The granting of a compliance waiver does not create a
presumption that the identical or similar waiver will be extended in
the future.
f. Consideration of compliance waivers shall be on a
case-by-case basis.
3. Chapter 28E agreement -- alternative to joint E911 service
board.
a. A legal entity created pursuant to chapter 28E by a county
or counties, other political divisions, and public or private
agencies to jointly plan, implement, and operate a countywide, or
larger, enhanced 911 service system may be substituted for the joint
E911 service board required under subsection 1. An alternative legal
entity created pursuant to chapter 28E as a substitute for a joint
E911 service board, as permitted by this subsection, may be created
by either:
(1) Agreement of the parties entitled to voting membership on a
joint E911 service board.
(2) Agreement of the members of a joint E911 service board.
b. An alternative chapter 28E entity has all of the powers of
a joint E911 service board and any additional powers granted by the
agreement. As used in this chapter, "joint E911 service board"
includes an alternative chapter 28E entity created for that purpose,
except as specifically limited by the chapter 28E agreement or unless
clearly provided otherwise in this chapter. A chapter 28E agreement
related to E911 service shall permit the participation of a private
safety agency or other persons allowed to participate in a joint E911
service board, but the terms, scope, and conditions of participation
are subject to the chapter 28E agreement.
4. Participation in joint E911 service board required. A
political subdivision or state agency having a public safety agency
within its territory or jurisdiction shall participate in a joint
E911 service board and cooperate in maintaining the E911 service
plan. Section History: Recent Form
88 Acts, ch 1177, § 3
C89, § 477B.3
89 Acts, ch 168, § 1, 2
C93, § 34A.3
93 Acts, ch 125, § 2; 98 Acts, ch 1101, § 6, 16; 2004 Acts, ch
1175, §447; 2008 Acts, ch 1032, §143; 2008 Acts, ch 1070, §1