The New York State 911 Board, established pursuant to County Law § 326, is charged with assisting local governments, service suppliers, wireless telephone service suppliers and appropriate state agencies by facilitating the most efficient and effective routing of wireless 911 emergency calls; developing minimum standards for public safety answering points; promoting the exchange of information, including emerging technologies; and encouraging the use of best practice standards among the public safety answering point community. The Board is exempt from the requirements of the New York State Administrative Procedure Act, but is required to publish its proposed and final standards pursuant to the provisions of County Law § 327. This Notice is published pursuant to those provisions.

Amendments to Minimum Standards Regarding Staffing of Public Safety Answering Points (PSAPs); Minimum Standards Regarding Equipment, Facilities and Security for Public Safety Answering Points; and Minimum Standards Regarding Jurisdictional Protocols.

At its meeting of March 10, 2009, the Board proposed amendments to the above-referenced standards, which are found in their present form in their entirety at Title 21 of the Official Compilation of Codes, Rules and Regulations of the State of New York (NYCRR): Parts 5202, 5203 and 5250, respectively. The Notice of Proposed Amendment was published in the April 1, 2009 issue of the State Register.

The amendments to three of the existing standards were adopted by the Board as part of a regular cycle of reviewing and updating regulations. The amendments to Title 21 of the NYCRR include: Part 5202 in relation to designating one person as "in charge"; Part 5203 in relation to the "eJustice" system, written procures for backup systems, maintenance of PSAP recordings for 90 days, enhanced system security, backup sites ability to receive and dispatch emergency calls, written continuity of operations plan and need for yearly exercise; and Part 5250 in relation to adding definitions of AVL and CAD, written jurisdictional protocols, authority to dispatch closest car and removal of model jurisdictional protocol.

No written comments were received pertaining to the adopted standards. For further information, contact Thomas J. Wutz, Chief, Fire Service Bureau, New York State Department of State, Office of Fire Prevention and Control, One Commerce Plaza, 99 Washington Avenue, Albany New York, 12231, phone: 518-474-6746.

Text of amended rules: Title 21 of the Official Compilation of Codes, Rules and Regulations of the State of New York will read as follows:

21 NYCRR Part 5202 (Minimum Standards Regarding Staffing of Public Safety Answering Points):

§ 5202.1 Definitions.

(b) Call-taker/dispatcher means any person employed by or in any local or state government agency either full- or part-time whose duties include the answering of emergency telephone calls and/or the dispatching of emergency services personnel.

(c) Certified means having a formal program of related instruction and testing as provided either by a recognized organization or by the authority having jurisdiction over the PSAP.

(d) Qualified means that the employee has been properly trained and credentialed pursuant to all applicable laws and regulations.

§ 5202.2 Standards.

(a) All PSAPs shall be staffed 24 hours a day, seven days a week, by a minimum of two qualified, certified call-takers/dispatchers with at least one person designated as in charge.

(b) All PSAPs shall have staffing adequate to answer 90 percent of all incoming wireless 911 calls within ten seconds of connection.

(c) All wireless 911 requests shall be dispatched immediately, or as soon thereafter as possible within the practicalities of responding to other 911 calls, in accordance with the PSAP's written policies and procedures for prioritizing service needs.

§ 5202.3 Variances.

§ 5202.4 Appendix A.

21 NYCRR Part 5203 (Minimum Standards Regarding Equipment, Facilities and Security for Public Safety Answering Points):

§ 5203.1 Definitions.

(m) eJusticeNY means the browser-based application for access to criminal justice information systems in New York State.

§ 5203.2 Equipment.

(a) Intelligent workstations (IWS).

(4) The authority shall have a written procedure for the use of a manual backup system in the case of failure of the CAD system.

(e) Recorder system. The authority shall:

(5) retain PSAP recordings for at least 90 days; and

(h) Criminal justice information system.

(1) All PSAPs shall have direct access to the NYSPIN or eJusticeNY systems.

(2) The authority shall have a written procedure for participation in the system or systems the PSAP utilizes.

§ 5203.4 Security.

(b) System protection. All PSAPs shall be equipped with software protection as required by the authority including a means of access that requires each authorized user to utilize unique identifiers to enter the systems.

§ 5203.5 General.

(a) Backup site. The authority shall:

(1) maintain a backup PSAP site, separate and apart from the primary PSAP site, wired and ready with the ability to receive and dispatch emergency calls, for use in case of the necessity to vacate the primary PSAP;

(2) have a written continuity of operations plan for evacuating the primary PSAP and transferring operations to the backup site; and

(3) conduct and document no less than one exercise per year that utilizes the continuity of operations plan.

Part 5250 (Minimum Standards Regarding Jurisdictional Protocols) is amended as follows:

§ 5250.2 Definitions.

(a) A jurisdictional protocol is a written agreement entered into by two or more law enforcement agencies setting forth procedures to ensure the organized, coordinated, and prompt mobilization of personnel, equipment, services, or facilities in order to achieve the fastest response to a 911 emergency.

(b) AVL means Automatic Vehicle Locator.

(c) CAD means Computer Aided Dispatch.

§ 5250.3 Contents.

The jurisdictional protocols utilized by the law enforcement agencies shall be in the form of a written agreement that, at a minimum, includes or provides for the following:

(b) if the PSAP has the authority to do so, a method of providing for the dispatch of the closest police unit, which may be via any of the following:

(c) a method of transferring calls to the proper agency or jurisdiction;

(d) that the methods provided for pursuant to subdivisions (b) and (c) of this section shall be used in the case of all 911 calls, and all emergency calls received by any other means, dispatched for service;

(e) that the agreement shall be reviewed at least annually to ensure that the most efficient procedures are being used;

(f) that all investigative duties shall be conducted by a law enforcement agency having ordinary investigative jurisdiction in any area, regardless of initial response to an emergency, provided, that no law enforcement agency shall be prohibited from requesting assistance from any other agency as may be provided under current law or regulation; and

(g) a procedure for resolving all disputes among the parties relating to the operation of the protocol, which may include referral of such disputes to a body designated by agreement among the parties.

§ 5250.4 Model protocol.

The 911 Board has approved as a model the jurisdictional protocol titled "Memorandum of Understanding (Jurisdictional Protocol for Law Enforcement Agencies)."