ARSD Article 50:02 — EMERGENCY MANAGEMENT

PUBLIC SAFETY PUBLIC SAFETY

Chapter 50:02:01 Financial assistance for disasters

ARSD 50:02:01:01 Definitions

Terms defined in SDCL 33-15-1 have the same meanings in this chapter. The following definitions also apply to this chapter:

(1) "Costs," additional operational expenses needed to restore governmental infrastructure to predisaster design as a result of emergency or disaster conditions, but not damages caused by or related to negligence or poor maintenance on behalf of the applicant;

(2) "Emergency work," work that must be done immediately to save lives and to protect improved property and public health and safety or to avert or lessen the threat of a major disaster, including snow removal;

(3) "Permanent work," work performed through repairs or replacement to restore an eligible facility on the basis of its predisaster design and current applicable standards;

(4) "Eligible work," emergency or permanent work performed by an applicant that arose out of a particular emergency or disaster situation declared by the Governor.

History

• Source: SL 1975, ch 16, § 1; 12 SDR 151, 12 SDR 154, effective July 1, 1986; 20 SDR 189, effective May 15, 1994.
• General Authority: SDCL 33-15-24.8.
• Law Implemented: SDCL 33-15-24.4.

ARSD 50:02:01:02 Repealed

Eligibility.** Repealed.

History

• Source: SL 1975, ch 16, § 1; repealed, 12 SDR 151, 12 SDR 154, effective July 1, 1986.

ARSD 50:02:01:03 Requests for funds

The county shall submit requests for financial assistance based on detailed estimates of anticipated costs and costs incurred. The county commissioners shall prepare such estimates in conjunction with the Division of Emergency Management and shall submit them to the Division of Emergency Management, Department of Military and Veterans Affairs, State Capitol, 500 East Capitol Avenue, Pierre, South Dakota 57501.

History

• Source: SL 1975, ch 16, § 1; 5 SDR 105, effective June 19, 1979; 12 SDR 151, 12 SDR 154, effective July 1, 1986; 20 SDR 189, effective May 15, 1994.
• General Authority: SDCL 33-15-24.8.
• Law Implemented: SDCL 33-15-24.6.

ARSD 50:02:01:04 Applicant

The county is the eligible applicant and shall include township and city expenditures listed separately with its application. Township and city expenditures reimbursed by the county shall be considered county expenses for the purpose of determining the county's eligibility.

History

• Source: SL 1975, ch 16, § 1; 12 SDR 151, 12 SDR 154, effective July 1, 1986.
• General Authority: SDCL 33-15-24.8.
• Law Implemented: SDCL 33-15-24.3.

ARSD 50:02:01:05 Submission of claims

Applications for claims must provide information requested on state forms submitted in triplicate. Application forms shall be furnished by the division of emergency management, department of military and veterans affairs upon request.

History

• Source: SL 1975, ch 16, § 1; 5 SDR 105, effective June 19, 1979; 12 SDR 151, 12 SDR 154, effective July 1, 1986.
• General Authority: SDCL 33-15-24.8.
• Law Implemented: SDCL 33-15-24.8.

ARSD 50:02:01:06 Salaries and wages

Salaries and wages of extra employees of the applicant directly engaged in the performance of emergency/disaster work and overtime salaries and wages of all regular employees of the applicant directly engaged in the performance of emergency or disaster work are eligible costs. Regular salaries and wages of all regular employees of the applicant directly engaged in the performance of emergency work are ineligible costs. Regular salaries and wages of all regular employees of the applicant directly engaged in the performance of permanent work are eligible costs.

History

• Source: SL 1975, ch 16, § 1; 5 SDR 105, effective June 19, 1979; 12 SDR 151, 12 SDR 154, effective July 1, 1986; 20 SDR 189, effective May 15, 1994.
• General Authority: SDCL 33-15-24.8.
• Law Implemented: SDCL 33-15-24.1.

ARSD 50:02:01:07 Administrative expenses

Salaries, wages, and expenses of local officials who are responsible for directing and supervising regular governmental personnel and activities and salaries, wages, fees, or expenses of individuals or firms while engaged in the preparation and processing of application claims and supporting documentation regarding emergency/disaster work within the political subdivision of the applicant, including all legal fees, office supplies, rent and all telephone and telegraph expenses, are ineligible costs.

History

• Source: SL 1975, ch 16, § 1; 5 SDR 105, effective June 19, 1979; 12 SDR 151, 12 SDR 154, effective July 1, 1986.
• General Authority: SDCL 33-15-24.8.
• Law Implemented: SDCL 33-15-24.1.

ARSD 50:02:01:08 Costs for equipment, supplies, and materials

Replacement costs for material and supplies consumed in eligible emergency/disaster work from the applicant's stock and rental costs of privately owned equipment used in emergency/disaster work are eligible costs. Rental costs cannot exceed the equipment rental rates published by the South Dakota department of transportation and accepted by the Associated General Contractors of South Dakota for force account work. Costs incurred for the operation of applicant-owned equipment in excess of normal operating costs, based upon the average of the past five years for fuel, lubricants, tires, and repairs and the costs of parts, material, and labor, other than regular time of employees, used in major repair or replacement of applicant-owned equipment damaged as a direct result of performing disaster work, are eligible costs. Costs of hand tools, personal equipment, and protective clothing; the purchase of equipment; charges for depreciation, insurance, storage, and similar fixed overhead costs; repairs and fuel for privately owned rental equipment, except where the rental agreement provides that the applicant will be responsible for such costs in addition to the rent; and state and local taxes on such equipment are ineligible costs.

History

• Source: SL 1975, ch 16, § 1; 5 SDR 105, effective June 19, 1979; 12 SDR 151, 12 SDR 154, effective July 1, 1986.
• General Authority: SDCL 33-15-24.8.
• Law Implemented: SDCL 33-15-24.1.

ARSD 50:02:01:09 Contractual costs

Costs of work performed by private contractors in emergency/disaster work are eligible costs. Costs incurred under contracts based on cost plus percentage of costs are ineligible costs except where such a delay would extend or create a hazard to health or safety. Justification for this type of contract must be available at the applicant's office of record. State and local taxes on subcontracts are ineligible costs.

History

• Source: SL 1975, ch 16, § 1; 5 SDR 105, effective June 19, 1979; 12 SDR 151, 12 SDR 154, effective July 1, 1986.
• General Authority: SDCL 33-15-24.8.
• Law Implemented: SDCL 33-15-24.1.

ARSD 50:02:01:10 Costs of work performed by other political subdivisions

Costs for work performed under arrangements between political subdivisions, limited to the actual costs of the performing political subdivision, are eligible costs. State and local taxes on such arrangements are ineligible costs.

History

• Source: SL 1975, ch 16, § 1; 12 SDR 151, 12 SDR 154, effective July 1, 1986.
• General Authority: SDCL 33-15-24.8.
• Law Implemented: SDCL 33-15-24.1.

ARSD 50:02:01:11 Easement and right-of-way costs for lands

All costs incurred for lands, easements, or rights-of-way and damage costs to private property are ineligible.

History

• Source: SL 1975, ch 16, § 1; 12 SDR 151, 12 SDR 154, effective July 1, 1986.
• General Authority: SDCL 33-15-24.8.
• Law Implemented: SDCL 33-15-24.1.

ARSD 50:02:01:12 Verification of claims

The state department of legislative audit shall review each county application for financial assistance and shall perform on-site audits as required. Applicant records of expenditures shall be filed and made available for inspection at the office of the county auditor of the applicant and at the department of legislative audit.

History

• Source: SL 1975, ch 16, § 1; 5 SDR 105, effective June 19, 1979; 12 SDR 151, 12 SDR 154, effective July 1, 1986.
• General Authority: SDCL 33-15-24.8.
• Law Implemented: SDCL 33-15-24.8, 33-15-25.2.

ARSD 50:02:01:13 Federal aid roads and bridges

Under a Governor's declaration of an emergency or disaster, roads or bridges which are funded under a federal aid agreement are not eligible to receive funds from the special emergency and disaster special revenue fund.

History

• Source: 20 SDR 189, effective May 15, 1994.
• General Authority: SDCL 33-15-24.8.
• Law Implemented: SDCL 33-15-24.8.

ARSD 50:02:01:14 Minimum damage limits

Once the applicant has received a Governor's declaration of an emergency or disaster, each site must have a minimum of $1,000 in damage to be considered for reimbursement. Sites which are below the minimum may be combined as one site at the discretion of the director of the Division of Emergency Management if it is economically feasible, constructable, and meets current design standards and practices for the infrastructure affected.

History

• Source: 20 SDR 189, effective May 15, 1994.
• General Authority: SDCL 33-15-24.8.
• Law Implemented: SDCL 33-15-24.8.

ARSD 50:02:01:15 Application for approval of project sites

Within 30 days after the Governor's declaration of an emergency or disaster, the applicant shall apply to the director of the Division of Emergency Management for sites the applicant wishes to have considered for reimbursement. The director of the Division of Emergency Management shall review and approve or disapprove the application and eligibility of each site.

History

• Source: 20 SDR 189, effective May 15, 1994.
• General Authority: SDCL 33-15-24.8.
• Law Implemented: SDCL 33-15-24.8.

ARSD 50:02:01:16 Appeal process

Within 60 days after notification by the director of the Division of Emergency Management's approval or disapproval of a project an applicant may request a reconsideration of a determination by the director of the Division of Emergency Management on any action related to state assistance. The request for reconsideration shall be made in writing by the applicant to the director of the Division of Emergency Management and shall include any additional information that supports the request for reconsideration.

Upon receipt of an appeal, the director of the Division of Emergency Management shall review the material submitted and notify the applicant within 90 days after the filing of the appeal that the appeal is accepted or denied.

If the director of the Division of Emergency Management denies the appeal, the applicant may submit an appeal in writing to the Governor within 30 days after notification of the denial. Action by the Governor is final.

History

• Source: 20 SDR 189, effective May 15, 1994.
• General Authority: SDCL 33-15-24.8.
• Law Implemented: SDCL 33-15-24.8.

ARSD 50:02:01:17 Time limits

Projects which are receiving state assistance must adhere to the following time limits. All times refer to days after the declaration of an emergency or disaster by the Governor.

Completion

Category

of Work

of Work

(1) Debris clearance

30 days

180 days

(2) Emergency measures

30 days

180 days

(3) Permanent work

18 months

The time limits imposed by §§ 50:02:01:15 and 50:02:01:16 and this section may be extended by the director of the Division of Emergency Management for up to six months if requested and justified in writing by the applicant. Justification must be based on extenuating circumstances beyond the control of the applicant.

History

• Source: 20 SDR 189, effective May 15, 1994.
• General Authority: SDCL 33-15-24.8.
• Law Implemented: SDCL 33-15-24.8.

Chapter 50:02:02 South Dakota 911 coordination fund

ARSD 50:02:02:01 Definitions

Terms defined in SDCL 34-45-1 have the same meaning in this chapter. In addition, the following terms mean:

(1) "Surcharged jurisdiction," a jurisdiction located in South Dakota which has implemented the 911 emergency surcharge as authorized by SDCL 34-45-4;

(2) "South Dakota 911 coordination fund," the fund established by SDCL 34-45-15;

(3) "911 coordination fee," that portion of the fee addressed in SDCL 34-45-8 which is to be remitted by a surcharged jurisdiction to the South Dakota 911 coordination fund;

(4) "Nonsurchargedcounty," a county located in South Dakota which has not implemented the 911 emergency surcharge as authorized by SDCL 34-45-4.

History

• Source: 19 SDR 108, effective January 24, 1993; 20 SDR 189, effective May 15, 1994.
• General Authority: SDCL 34-45-4.1, 34-45-16.
• Law Implemented: SDCL 34-45-4.1, 34-45-8, 34-45-15, 34-45-16.

ARSD 50:02:02:02 Reports required of local exchange access companies

The local exchange access company shall provide the surcharged jurisdiction with a 911 surcharge report containing the dates for which the report is valid, the number of surcharged lines from which the surcharge was collected, the number of surcharged lines for which the surcharge remains uncollected, the dollar amount of the surcharge which was collected, the administration charge being retained by the local exchange access company, and the date payment was made by the local exchange access company to the surcharged jurisdiction. The 911 surcharge report shall be attached to the 911 emergency surcharge remittance required by SDCL 34-45-8 to be submitted quarterly. A nonsurcharged county and the local exchange access companies providing service within the jurisdiction of the nonsurcharged county shall cooperate in providing an annual report which the nonsurcharged county may use in calculating the amount required to be remitted by SDCL 34-45-4.1. The report shall be generated from the most current data or reports which allow the company and the nonsurcharged county to provide a reasonably accurate calculation of the number of lines in the most economical and efficient manner possible. Each year by January 31, in cooperation with the local exchange access company, the county shall produce the report for the current year.

History

• Source: 19 SDR 108, effective January 24, 1993; 20 SDR 189, effective May 15, 1994.
• General Authority: SDCL 34-45-4.1, 34-45-16.
• Law Implemented: SDCL 34-45-4.1, 34-45-8.

ARSD 50:02:02:03 Amount of remittance by surcharged jurisdiction

Amount of remittance by a surcharged jurisdiction.** The amount remitted by a surcharged jurisdiction to the South Dakota 911 coordination fund is based on the number of surcharge lines for which the fee has been collected, multiplied by the amount of the 911 coordination fee in SDCL 34-45-8. A copy of the quarterly 911 surcharge report provided by the local exchange access company to the surcharged jurisdiction shall be attached to the remittance. The amount remitted by a nonsurcharged jurisdiction to the South Dakota 911 coordination fund is calculated using the total number of local exchange access lines in the county as reported by the county and local exchange access company in §50:02:02:02 multiplied by the amount of the 911 coordination fee allowed in SDCL 34-45-4.1.

History

• Source: 19 SDR 108, effective January 24, 1993; 20 SDR 189, effective May 15, 1994.
• General Authority: SDCL 34-45-4.1, 34-45-16.
• Law Implemented: SDCL 34-45-4.1, 34-45-8.

ARSD 50:02:02:04 Repealed

Remittance due date.** Repealed.

History

• Source: 19 SDR 108, effective January 24, 1993; 20 SDR 189, effective May 15, 1994; repealed, 39 SDR 105, effective December 10, 2012.

ARSD 50:02:02:05 Notification of 911 emergency surcharge collection

A local jurisdiction shall notify the division of emergency management of the date that the 911 emergency surcharge begins to be collected within 30 days after the passage of the local 911 emergency surcharge ordinance.

History

• Source: 19 SDR 108, effective January 24, 1993.
• General Authority: SDCL 34-45-16.
• Law Implemented: SDCL 34-45-8.

Chapter 50:02:03 Rural addressing

ARSD 50:02:03:01 Definitions

The following definitions apply to this chapter:

(1) "Rural address," a numerical location number and thoroughfare name or thoroughfare number assigned to each location within the unincorporated area of a county;

(2) "South Dakota Rural Addressing Grid System Reference" or "GSR," the document which designates the numerical assignments to all section lines in South Dakota;

(3) "South Dakota Rural Addressing Procedural Handbook," the document establishing standards and procedures to be followed in rural addressing;

(4) "Firenumbering system," a system of assigning an alphanumeric designator to each location within a fire department's coverage area and specifying the location of this number on a map;

(5) "Thoroughfare," a course or way of travel from one place to another;

(6) "Cul-de-sac," a thoroughfare closed at one end and 500 feet long or less;

(7) "Dead end," a thoroughfare closed at one end and more than 500 feet long;

(8) "Grid line," a section line given a thoroughfare number in the GSR; and

(9) "Lot," a parcel of land, one side of which measures 1/50th of the length of one side of a section.

History

• Source: 19 SDR 108, effective January 24, 1993.
• General Authority: SDCL 34-45-16.
• Law Implemented: SDCL 34-45-16.

ARSD 50:02:03:02 Applicability of standards

A county instituting a rural addressing system shall utilize this chapter and the standards and grids as outlined in the South Dakota Rural Addressing Procedural Handbook, 1992 Edition, revised October 1993, and the GSR, 1992 Edition, revised October 1993, to designate rural addresses. Such rural addresses shall replace all rural route and box numbers and all thoroughfare names in place on January 24, 1993, in counties instituting the system. Optional standards specified in the South Dakota Rural Addressing Procedural Handbook may be instituted at the discretion of the county commission. Nothing in this chapter precludes a county from maintaining an addressing system that was in place prior to the effective date of this chapter. Nothing in this chapter requires a county to implement a rural addressing system.

References:

"South Dakota Rural Addressing Procedural Handbook," 1992 edition, revised October 1993, South Dakota 9-1-1 Task Force, published by the South Dakota County Commissioners Association and the South Dakota Municipal League. Copies may be obtained from the South Dakota Division of Emergency Management, 500 East Capitol, Pierre, SD 57501. Cost: Free of charge.

"South Dakota Rural Addressing Grid System Reference," 1992 edition, revised October 1993, South Dakota 9-1-1 Task Force, published by the South Dakota County Commissioners Association and the South Dakota Municipal League. Copies may be obtained from the South Dakota Department of Transportation, Reproduction Section, 700 East Broadway, Pierre, SD 57501. Cost: $82 plus tax for the map set or $1 plus tax for each map.

History

• Source: 19 SDR 108, effective January 24, 1993; 20 SDR 189, effective May 15, 1994.
• General Authority: SDCL 34-45-16.
• Law Implemented: SDCL 34-45-2, 34-45-16.

ARSD 50:02:03:03 Firenumbering systems

Existing firenumbering systems are not affected by this chapter. New firenumbering systems may not contain thoroughfare names or numbers.

History

• Source: 19 SDR 108, effective January 24, 1993.
• General Authority: SDCL 34-45-16.
• Law Implemented: SDCL 34-45-16.

ARSD 50:02:03:04 Thoroughfare naming

For the purpose of the rural addressing system, county and township thoroughfares shall be designated according to the following table:

THOROUGHFARE DIRECTION OR DESIGN THOROUGHFARE DESIGNATOR

East/West Street

North/South Avenue

Diagonal Road

Meandering Road

Cul-de-sac Court

Begins and ends on same thoroughfare Loop

Dead end Place

History

• Source: 19 SDR 108, effective January 24, 1993.
• General Authority: SDCL 34-45-16.
• Law Implemented: SDCL 34-45-16.

ARSD 50:02:03:05 Federal and state highways to retain designation

A federal or state highway shall retain its governmental highway number for purposes of the rural addressing system. Highways shall be designated and abbreviated according to the following table:

Type of Highway Designation

State highway SD ####

Federal highway US ###

History

• Source: 19 SDR 108, effective January 24, 1993.
• General Authority: SDCL 34-45-16.
• Law Implemented: SDCL 34-45-16.

ARSD 50:02:03:06 Thoroughfares not falling on grid lines

A thoroughfare not falling on a grid line as specified in the GSR shall be named by the county and assigned with the applicable designations specified in § 50:02:03:04.

History

• Source: 19 SDR 108, effective January 24, 1993.
• General Authority: SDCL 34-45-16.
• Law Implemented: SDCL 34-45-16.

ARSD 50:02:03:07 Variation from the grid

A rural addressing system within a county may not deviate from the GSR by more than 20 percent of the total number of thoroughfares which fall on a grid line.

History

• Source: 19 SDR 108, effective January 24, 1993.
• General Authority: SDCL 34-45-16.
• Law Implemented: SDCL 34-45-16.

ARSD 50:02:03:08 Duplicate thoroughfare names

A new thoroughfare name assigned may not duplicate or be similar to an existing thoroughfare name within that county's geographical area.

History

• Source: 19 SDR 108, effective January 24, 1993.
• General Authority: SDCL 34-45-16.
• Law Implemented: SDCL 34-45-16.

ARSD 50:02:03:09 Location numbers required

Each occupied house, occupied building, or other occupied structure within a county's boundaries shall be assigned a separate rural address. Each area of separate occupancy in a building or another occupied structure shall be assigned a separate rural address and an apartment number or suite number.

History

• Source: 19 SDR 108, effective January 24, 1993.
• General Authority: SDCL 34-45-16.
• Law Implemented: SDCL 34-45-16.

ARSD 50:02:03:10 Location number assignment

A location number is a five-digit number. The first three digits are the number of the grid line just passed to the north or west of the location which is most nearly perpendicular to the thoroughfare on which the location lies. The last two digits are the lot number within the section where the location or the primary access road to the location lies. Even-numbered lots are located on the north or east side of the thoroughfare and odd-numbered lots are located on the south or west side of the thoroughfare.

History

• Source: 19 SDR 108, effective January 24, 1993.
• General Authority: SDCL 34-45-16.
• Law Implemented: SDCL 34-45-16.

ARSD 50:02:03:11 Addressing system maintenance

A county shall maintain a rural addressing system established under this chapter continuously in a condition that allows effective emergency response and that provides for the safety of the citizens of the county.

History

• Source: 19 SDR 108, effective January 24, 1993.
• General Authority: SDCL 34-45-16.
• Law Implemented: SDCL 34-45-16.

ARSD 50:02:03:12 Postal service coordination

A county may coordinate implementation of a rural addressing system with the United States postal service to ensure the use of rural addresses as valid mailing addresses.

History

• Source: 19 SDR 108, effective January 24, 1993.
• General Authority: SDCL 34-45-16.
• Law Implemented: SDCL 34-45-16.

ARSD 50:02:03:13 Maps required to be submitted

A county implementing a rural addressing system shall provide the division of emergency management with two copies of the official map of the jurisdiction indicating the assignment of addresses according to the rural addressing system.

History

• Source: 19 SDR 108, effective January 24, 1993.
• General Authority: SDCL 34-45-16.
• Law Implemented: SDCL 34-45-16.

Chapter 50:02:04 Public safety answering points

ARSD 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

History

• 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.

ARSD 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.

History

• 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.

ARSD 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.

History

• 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.

ARSD 50:02:04:04 Communication with field units

The standards for PSAP communications with field units shall be as follows:

(1) A PSAP must have the capability to directly and immediately dispatch fire, law enforcement, and medical responders to calls for service in the PSAP's 911 service area; and

(2) A PSAP should be capable of two-way communications with all public safety units in its 911 service area.

History

• Source: 36 SDR 100, effective December 14, 2009.
• General Authority: SDCL 34-45-18.2.
• Law Implemented: SDCL 34-45-18.2.

ARSD 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.

History

• 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.

ARSD 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.

History

• 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.

ARSD 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.

History

• 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).

ARSD 50:02:04:08 PSAP allowable recurring and nonrecurring costs

Costs must be directly related to the installation, maintenance, or operation of a PSAP to be considered allowable costs. Directly related costs are those that are necessarily incurred by a PSAP to process emergency and non-emergency requests for service, relay information from those requests to the appropriate public safety or public service agency, and to provide support to the responding agency throughout the response.

Allowable costs may be recurring or nonrecurring. Costs must be necessary and reasonable for proper and efficient performance and administration of a PSAP. A cost is reasonable if, in nature and amount, it does not exceed that which would be incurred by a prudent person under the circumstances prevailing at the time the decision was made to incur the cost.

The determination of whether a recurring or nonrecurring cost is allowable shall be at the sole discretion of the board.

History

• Source: 36 SDR 100, effective December 14, 2009.
• General Authority: SDCL 34-45-18.2.
• Law Implemented: SDCL 34-45-18.2, 34-45-20(5).

ARSD 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.

History

• 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).

ARSD 50:02:04:10 Nonrecurring costs

Nonrecurring costs may include the following:

(1) Real property, pro-rated to the percentage of the premises occupied by a PSAP;

(2) Major improvements or remodel costs to a PSAP;

(3) Furniture and equipment, such as administrative and maintenance vehicles for a PSAP, furnishings, office equipment, computers and related connectivity, phone systems, radio systems, and recording equipment; and

(4) Software and data necessary to the operation of a PSAP.

History

• Source: 36 SDR 100, effective December 14, 2009.
• General Authority: SDCL 34-45-18.2.
• Law Implemented: SDCL 34-45-18.2, 34-45-20(5).

ARSD 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.

History

• 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).

ARSD 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.

History

• 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).

ARSD 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.

History

• 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).