50:02:04:01.  Definitions. Terms defined in SDCL 34-45-1 have the same meaning in this chapter. In addition, the following terms used in this chapter mean:

 

          (1)  "Board," the South Dakota 911 Coordination Board established pursuant to SDCL 34-45-18;

 

          (2)  "County 911 Coordinator," the person in each county responsible for maintaining the master street address guide (MSAG), resolving 911 database problems, or serving as the point of contact between the county and telephone service providers and the 911 service provider;

 

          (3)  "Generally accepted accounting principles," accounting principles for governmental entities as defined in § 20:75:05:06;

 

          (4)  "Governing body," the board of county commissioners of a county or the city council or other governing body of a county or municipality or the board of directors of a special district;

 

          (5)  "PSAP," a public safety answering point as defined by SDCL 34-45-1(13);

 

          (6)  "911 telecommunicator," any employee of the state, or any political subdivision thereof, whose primary full-time or part-time duties are receiving, processing, and transmitting public safety information received through a 911 emergency reporting system

 

          Source: 36 SDR 100, effective December 14, 2009; 40 SDR 39, effective September 9, 2013.

          General Authority: SDCL 34-45-18.2.

          Law Implemented: SDCL 34-45-18.2.

 

          50:02:04:02.  General operational standards. The general operational standards for a PSAP shall be as follows:

 

          (1)  A PSAP must be operational 24 hours a day, seven days a week;

 

          (2)  Pursuant to SDCL 34-45-18.2, upon determination by the board that the next generation 911 initiative is operational, a PSAP must be continuously staffed with at least two 911 telecommunicators on duty at all times or comply with this rule by any other such arrangement submitted to and approved by the board. Each alternative compliance arrangement must be supported by a detailed plan that outlines the call handling procedures and dispatch protocols to be utilized in the implementation of the alternative arrangement. An alternative compliance arrangement may include the following:

 

               (a)  Primary-secondary PSAP arrangement, wherein a PSAP that is continuously staffed with at least two 911 telecommunicators at all times (primary PSAP) enters into a written agreement with a PSAP that is not continuously staffed with at least two 911 telecommunicators at all times (secondary PSAP) to answer all 911 calls in the secondary PSAP's service area;

 

               (b)  Automatic/Manual redirect arrangement, wherein a PSAP that is not staffed with at least two 911 telecommunicators utilizes technology to automatically or manually redirect 911 calls to a PSAP that is staffed with at least two 911 telecommunicators; or

 

               (c)  Virtual PSAP arrangement, wherein two PSAPs enter into a written agreement to install connectivity between each PSAP's customer premise equipment (911 phone system) to allow each PSAP to monitor and answer the other PSAP's 911 calls. Both PSAPs must have the ability to dispatch the other PSAP's responders. A PSAP must comply with the requirements of this rule within 90 days of notice from the board that the determination of operation of the next generation 911 initiative has been made, unless a PSAP chooses to opt out, as provided by statute;

 

          (3)  A PSAP must ensure that each 911 telecommunicator applicant passes a hearing test, pre-employment drug screening, and basic background check prior to hiring. A PSAP must also ensure that the applicant does not have a felony conviction;

 

          (4)  A PSAP must have a documented training program for a newly hired 911 telecommunicator to ensure an understanding of operations and procedures specific to that PSAP. At a minimum, the training program must consist of the following:

 

               (a)  Training in the primary responsibilities of receiving, processing, transmitting, and dispatching emergency and non-emergency calls for law enforcement, fire, medical, and other public safety services; and

 

               (b)  Training in the accurate and appropriate categorization of all calls for service;

 

          (5)  A 911 telecommunicator must be able to appropriately prioritize all calls for service; and

 

          (6)  A 911 telecommunicator must be able to determine the appropriate resources to be used in response to all calls for public safety services.

 

          Source: 36 SDR 100, effective December 14, 2009; 37 SDR 125, effective December 20, 2010; 40 SDR 39, effective September 9, 2013.

          General Authority: SDCL 34-45-18.2.

          Law Implemented: SDCL 34-45-18.2.

 

          50:02:04:03.  Call taking standards. A PSAP shall comply with the following:

 

          (1)  Establish standardized call taking guidelines for fire and law enforcement calls and a policy requiring the use of the guidelines;

 

          (2)  Utilize an emergency medical dispatch (EMD) program that is recognized by the South Dakota 911 Coordination Board;

 

          (3)  Adopt written procedures for recording and documenting relevant information of every request for service, including:

 

               (a)  Date and time of request for service;

               (b)  Name and address of requester, if available;

               (c)  Type of incident reported;

               (d)  Location of incident reported;

               (e)  Description of resources assigned in response to the incident, if any;

               (f)  Time of dispatch;

               (g)  Time of resource arrival; and

               (h)  Time of incident conclusion;

 

          (4)  Establish written procedures for prompt handling and appropriate routing of misdirected emergency calls;

 

          (5)  Establish written procedures for handling hang-up emergency or 911 calls from wireline and wireless phones;

 

          (6)  Adopt a written procedure and the capability to properly handle calls from non-English speaking callers; and

 

          (7)  Maintain the capability to properly handle calls from non-English speaking, hearing impaired, and mute callers.

 

          Source: 36 SDR 100, effective December 14, 2009; 39 SDR 105, effective December 10, 2012; 40 SDR 39, effective September 9, 2013.

          General Authority: SDCL 34-45-18.2.

          Law Implemented: SDCL 34-45-18.2.

 

          50:02:04:05.  Facilities and equipment. The standards for PSAP facilities and equipment shall be as follows:

 

          (1)  A PSAP must have security measures in place to prevent direct physical public access to on-duty 911 telecommunicators and to prevent direct physical public access to the communications center or any room or location where PSAP" equipment and system are located;

 

          (2)  A PSAP must have an alternative source of electrical power that is sufficient to ensure at least two hours of continued operation of emergency communication equipment in the event of a commercial power failure. A PSAP must  also have equipment to protect critical equipment and systems from irregular power conditions such as power spikes, lightning, and brown-outs. Documented testing of backup equipment must be performed monthly;

 

          (3)  A PSAP must have a written procedure and the capability to handle 911 calls and dispatch responders from a separate, independent location other than the main PSAP within sixty minutes of an event that renders the main PSAP inoperative;

 

          (4)  A PSAP must maintain a written procedure for computer system security and preservation of data;

 

          (5)  A PSAP must have the capability of immediate playback of recorded telephone calls and radio traffic; and

 

          (6)  A PSAP must have an alternative method of answering inbound 911 calls at the main PSAP when its primary 911 telephone system is inoperable.

 

          Source: 36 SDR 100, effective December 14, 2009; 40 SDR 39, effective September 9, 2013.

          General Authority: SDCL 34-45-18.2.

          Law Implemented: SDCL 34-45-18.2.

 

          50:02:04:06.  Technical standards. The technical standards for a PSAP shall be as follows:

 

          (1)  Enhanced 911, as defined in SDCL 34-45-1, requires a PSAP to receive the following specific information from each of the following classes of telecommunication services:

 

               (a)  From wireless and VoIP callers: The PSAP must receive the caller's call back phone number, the class of service code of the calling phone, the billing name on the account, the physical address of the phone and the community name where the phone is located as maintained by the providing telecommunications company, the pilot number, the emergency service number (ESN) code for the caller's location, the telephone companies provider code, the PSAP code where the call is to be routed and answered, and the responding law enforcement, fire, and emergency medical services agency for the caller's location; and

 

               (b)  From a wireless caller: For a Phase 2 call, the PSAP must receive the call back number for the wireless phone, the class of service code, the emergency service routing key (ESRK) number, the name of the wireless company handling the call, the physical address of the cell site handling the call, the community name where the cell site is located, the wireless ESN number for the PSAP the call is being routed to, the wireless provider's company code, and the latitude and longitude of the wireless caller's handset; and

 

          (2)  A PSAP must maintain current, up-to-date mapping of its service area and have the ability to use longitude to plot coordinates for responders.

 

          Source: 36 SDR 100, effective December 14, 2009; 40 SDR 39, effective September 9, 2013.

          General Authority: SDCL 34-45-18.2.

          Law Implemented: SDCL 34-45-1, 34-45-18.2.

 

          50:02:04:07.  Financial standards. A PSAP must be operated according to the following financial standards:

 

          (1)  Any governing body receiving 911 emergency surcharge funds must maintain within its accounting system a separate special revenue fund to be identified as the 911 Fund;

 

          (2)  The financial balances and activities of the 911 Fund must be accounted for and reported in accordance with generally accepted accounting principles or other comprehensive basis of accounting;

 

          (3)  Any governing body responsible for the operation of a PSAP must adopt an annual PSAP budget and submit it to the board on forms provided by the board. The budget must include all appropriations and the means of financing those appropriations;

 

          (4)  Any governing body receiving 911 emergency surcharge funds must deposit all received funds, including all interest earned on fund investment, in the 911 Fund;

 

          (5)  Any governing body that receives 911 emergency surcharge revenue shall submit an annual 911 Fund financial report to the board detailing all means of finance, expenditures, fund balances, and other financial information as requested on electronic forms provided by the board. The annual report shall be submitted to the State 911 Coordinator by March 31^st of each calendar year;

 

          (6)  All 911 emergency surcharge funds and all other funds allocated as a means of financing a PSAPs budget or other allowable 911 related expenditures must be deposited in the 911 Fund and identified by revenue source code on the annual financial report. All 911 related expenditures must be made from the 911 fund;

 

          (7)  All grant funds received from the board must be deposited in and expended from the 911 Fund; and

 

          (8)  All recurring and nonrecurring costs paid from the 911 Fund must be allowable expenditures as prescribed by the board.

 

          Source: 36 SDR 100, effective December 14, 2009; 39 SDR 105, effective December 10, 2012; 40 SDR 39, effective September 9, 2013.

          General Authority: SDCL 34-45-18.2.

          Law Implemented: SDCL 34-45-18.2, 34-45-20(4).

 

          50:02:04:09.  Recurring costs. Recurring costs may include the following:

 

          (1)  PSAP personnel costs to include the following:

 

               (a)  Salaries and wages, including overtime pay and payments for compensated absences under an established plan for vacation, sick leave, holidays, compensatory time or other forms of leave;

               (b)  Old age and survivor insurance (OASI) -- employer's share;

               (c)  Medicare -- employer's share;

               (d)  Retirement -- employer's share;

               (e)  Workers' compensation insurance premiums or contributions;

               (f)  Group health and life insurance -- employers' share;

               (g)  Unemployment compensation insurance -- employer's share; and

               (h)  Compensation for accrued leave paid out upon retirement, resignation, or termination under an established plan. If the employee's primary function and duties are to work as an employee of a PSAP or, at least 50 percent of the employee's work hours are spent performing PSAP duties, any or all of the employee's salary constitutes a personnel cost. The percentage of time spent by a County 911 Coordinator on 911 related duties may be proportionally paid as a personnel cost; and

 

          (2)  PSAP operational costs to include the following:

 

               (a)  Insurance, including general liability, property, automobile, and employee bonds;

               (b)  Contractual and consulting services and fees;

               (c)  Recruitment and testing;

               (d)  Publishing;

               (e)  Rentals;

               (f)  Repairs and maintenance, including maintenance contracts and service agreements;

               (g)  Supplies and materials;

               (h)  Postage and other delivery costs;

               (i)  Travel;

               (j)  Training, including registration and certification fees;

               (k)  Membership dues and subscriptions; and

               (l)  Utilities, including telephone services.

 

          Source: 36 SDR 100, effective December 14, 2009; 40 SDR 39, effective September 9, 2013.

          General Authority: SDCL 34-45-18.2.

          Law Implemented: SDCL 34-45-18.2, 34-34-20(5).

 

          50:02:04:11.  Communication equipment allowed or disallowed as nonrecurring costs. 911 surcharge funds may be used to pay for radio communication equipment that allows a PSAP to page and communicate with emergency responders. Such equipment may include: back room radio equipment and racks, central electronics banks, radio software, desktop radio consoles, radio computers and servers, control station radios, control station antennas and cables, mobile radios used by a PSAP as a control station or base station radio, portable radios used in a PSAP for backup purposes, and repeaters of paging terminals used by a PSAP. 911 surcharge funds may be used to pay connectivity costs between the PSAP and allowable communication equipment.

 

          911 surcharge funds may not be used to purchase radio communication equipment or systems for emergency responders or other municipal or county agencies. Prohibited equipment includes: portable and mobile radios, pagers, cell phones, mobile data terminal and related equipment, automatic vehicle location (AVL) systems and related equipment, pyramid radios or systems, warning sirens and related equipment, radio towers, and equipment shelters.

 

          Source: 39 SDR 105, effective December 10, 2012.

          General Authority: SDCL 34-45-18.2.

          Law Implemented: SDCL 34-45-18.2, 34-45-20(5).

 

          50:02:04:12.  Physical addressing costs allowed or disallowed as nonrecurring costs. 911 surcharge funds may be used to pay initial one-time costs associated with a county or municipality issuing physical addresses for the purpose of implementing Enhanced 911 to include: street name signs, map books, and wages related to addressing. After Enhanced 911 has been implemented in a county, no 911 surcharge funds may be used to pay on-going maintenance costs related to addressing, street name signs, or map books.

 

          Source: 39 SDR 105, effective December 10, 2012.

          General Authority: SDCL 34-45-18.2.

          Law Implemented: SDCL 34-45-18.2, 34-45-20(5).

 

          50:02:04:13.  Compliance reviews. In order for a PSAP to qualify for distributions from the 911 emergency fund as set forth in SDCL 34-45-8.5, a PSAP must be determined to be in compliance with the requirements set forth in SDCL chapter 34-45. The State 911 Coordinator shall conduct formal on-site compliance reviews.

 

          PSAPs who meet the geographic or population requirement may request an initial compliance review by contacting the State 911 Coordinator. The State 911 Coordinator shall determine compliance or non-compliance and notify the PSAP of the determination within 60 days of the review request.

 

          Each PSAP identified as in compliance and eligible for distributions from the 911 emergency fund shall receive such distributions beginning with surcharges collected during the month in which the PSAP was notified of its compliance with all applicable requirements. After the initial compliance review, each eligible PSAP shall be reviewed once every calendar year.

 

          The report sent to a PSAP identified as non-compliant shall indicate the reason for the non-compliant determination. A non-compliant PSAP may request a subsequent review by notifying the State 911 Coordinator in writing of the steps taken to rectify the issues identified in the report.

 

          If any PSAP wishes to contest a determination of non-compliance, the PSAP must notify the State 911 Coordinator in writing within 30 days of the notification of its status. The notification shall contain a brief written synopsis of the issue(s) the PSAP wishes reviewed by the board. The State 911 Coordinator shall forward the written request for review to the board, and the board shall notice the request for and address the request at the next regularly convened board meeting.

 

          Source: 39 SDR 105, effective December 10, 2012.

          General Authority: SDCL 34-45-18.2.

          Law Implemented: SDCL 34-45-2, 34-45-8.5, 34-45-20(4).