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 telephoneservice 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.