E911
INFORMATION
McDOWELL
COUNTY
COMMISSION
BY THE COUNTY COMMISSION OF MCDOWELL COUNTY
AN ORDINANCE ENACTED UNDER CHAPTERS 7 AND 24 OR THE WEST VIRGINIA
CODE
AN ORDINANCE OF MCDOWELL COUNTY PROVIDING FOR THE ESTABLISHMENT
OF A COUNTYWIDE, ENHANCED EMERGENCY TELEPHONE SYSTEM AND THE
IMPOSITION OF A FEE UPON LOCAL, EXCHANGE SERVICE CONSUMERS TO
FINANCE INSTALLATION AND RECURRING COSTS.
WHEREAS, the McDowell County Commission has determined.that the installation of a
countywide, enhanced emergency telephone system wodd allow any citizen in McDowell County
to request emergency fire, police, ambulance or rescue services by simply dialing 91 1 fiom any
telephone in the county; and
WHEREAS, the McDowell County Commission seeks to promote the public health,
&ety and general welfare of all individuals within the county by ensuring all requests for
emergency assistance can be channeled through one central answering point t the appropriate
emergency seMw response agency, regardless of whether the caller is in an incorporated or
unincorporated area of the county; and
WHERIEAS, the McDowell County Commission intends to install and maintain an
enhanced type of emergency telephone system that will upon completion, automatically connect a
person dialing 911 with the county to the central answering point and provide prompt information
on the location and telephone number fiom which the call is being made so that the source o f a
call for help can be locked in even if'the caller is disconnected or unable to communicate with
emergency officials;
NOW THEMFORE BE IT ORDAINED BY THE COUNTY COMMISSION OF
MCDOWELL COUNTY, WEST VIRGINIA, THAT THE PLAN HEREIN BE ADOPTED
PROVIDING FOR THE INSTALLATION AND ONGOING OPERATION AN
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TELECOMMUNICATION$
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MAINTENANCE OF AN ENHANCED EMERGENCY TELEPHONE SYSTEM THAT WILL
SERVE BOTH INCORPORATED AND UNINCORPORATED AREAS OF THE COUNTY IN
ACCORDANCE WITH $7-1-~CC
a d $24-6-2 THROUGH $24-6-9 OF THE CODE OF WEST
VIRGINIA.
COMPREHENSIVE PLAN FOR ENHANCED EMERGENCY TELEPHONE SYSTEM
ARTICLE 1 - - GENERAL PROVISIONS
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SECTION 1 D E m T I O N S
As used in this ordinance unless the context otherwise clearly indicates, the following
words or phrases shall have the meanings hereinafter set forth
(a)
“County answering point”means a f‘acility to which the enhanced emergency
telephone system calls for the county are initially routed for response, and where
county personnel respond to specific requests for emergency service by directly
dispatching the appropriate emergency service provider, relaying a message to the
appropriate provider or transferring the call to the appropriate provider.
(b)
‘‘County Commission’’ means the County Commission of McDoweU County, West
Virginia.
(c)
“County”means McDowell County,West Virginia
(d)
“Emergency Service Provider” means any publicly fimded emergency service
organization or public safety unit.
(e)
“Enhanced Emergency Telephone System” means a telephone system which
automatically connects the person dialing the primary emergency number to the
county answeringpoint and in which the telephone network system automatically
provides to personnel receiving the call, information on the location and the
telephone number &om which the call is being made, and upon direction fiom the
personnel receiving the call routes or dispatches such call by telephone, radio or
any other appropriate means of communication to other emergency service
providers that are designated to serve the location &om which the call is made.
(f)
“Public Agency” meam McDoweU County and all incorporated municipalities of
the county which provide or have authority to provide fire-fighting, police,
ambulance, medical rescue or other emergency services within the county. Those
municipalitiesshall inchde, but not be limited to, Anawalt, Bradshaw, Davy, Gary,
Iaeger, Keystone, Kimball, Northfork, War and Welch.
“Public Safety Unit” means the functional divisions of McDowell County and each
county municipality which provides fire-fighting, police, medical, rescue or other
emergency services.
‘Cpublic Utility” means Citizens Telecommunications, Verizion-West Virginia, War
Telephone Company or any other company or organization engaged in providing
local exchange telephone service to consumers in McDowell County.
“Telephone Company” means a public utility which is engaged in the provision of
telephone service.
“Regulating Agency” means the West Virginia Public Service Commission which,
by law, regulates services provided by a public utility.
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ARTICLE II - MINIMUM REQUIREMENTS
Pursuant to Article 6, Chapter 24 of the West Virrrinia Code and General Order 187.3, of
the West Virginia Public Service Commission’s Rules and Rerrulations for the Government of
TeleDhone Utilities, minimumrequirements for the enhanced emergency telephone system in
McDowell County shall include:
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SECTION 2 AVAILABILITY
(a)
All territory in the county, including all municipal corporations in the county,
which is provided local exchange telephone service by any phone company shall be
included in the enhanced emergency telephone system.
(b)
The emergency service providers of all political subdivisions that currently provide
emergency services within the county shall participate in the enhanced emergency
telephone system.
SECTION 3 - COUNTY ANSWERING POINT
(a)
The county answering point for the enhanced emergency telephone system will be
the McDowell County Emergency Communications Center (MCECC)and it will
provided W service for receiving and dispatching emergency c&, including
receiving calls fiom the hearing impaired constantly.
(b)
There will be one county answering point. The location of such answering point
shall be as follows:
257 Virginia Ave., Suite 201
Welch, WV 24801
(c)
All weas of McDowell County and all Municipal corporationswill be served by the
(a)
The McDowell County Emrgency Communications Center shall be connected to
the appropriate Telephone Companies network by designated facilities via ANI
trunks and cornbmtion voice and data circuits.
(b)
The McDowell County Emergency Communications Center will directly dispatch
the police, fire, ambulance, rescue and emergency service calls for the following
emergency Service providers on a continuous 24-hourbasis:
above answering point.
(1)
(2)
(3)
(4)
(5)
(6)
McDowell County Sheriff's Department
West Virginia State Police
All municipal police departments
The McDowell County Ambulance Authority or its designated
contractor
McDowell County Office oBmrgency Services
McDowell County Volunteer Fire Departments, including, but not
limited to: Anawak, Berwind, Bradshaw, Coalwood-Caretta, Davy,
Gary,Iaeger, Keystone, Wball,McDowell, Northfork, Raysal
Roderiield, War and Welch
SECTION 4- EMERGENCY SERVICE PROVIDERS; RESOLUTION OF DISPUTES,
HANDLING OF MISDIRECTED CALLS; PUBLICLY ACCESSIBLE
TELEPHONE NUMBERS
(a)
Every emergency service provider that provides emergency services with the
territory of the county wiU be required to participate in the enhanced emergency
telephone system.
(b)
The emergency service providers referred to in subsection (a), above, shall be the
following:
(1)
(2)
(3)
(4)
(5)
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(6)
McDowell County Sherift's Department
West Virginia State Police
All municipal police departments
The McDowell County Ambulance Authority or its designated
contractor
McDowell County Office of Emergency Services
McDowell County Volunteer Fire Departments, including, but not
limited to: Anawalt, Benvind, Bradshaw, Coahvood-Caretta, Day,
Gary,Iaeger, Keystone, Kimball, McDowell, Northfork, R a y 4
Roderfield, War and Welch
(c)
In the event of a dispute between the County and one or more emergency service
providers, such dlspute, upon application to the Public Service Commission of
West Virginia by any party to the dispute, may be resolved by order of the Public
Service Commission of West Virginia.
(d)
In the event a call is misdirected or dispatched to the wrong or inappropriate
emergency service provider, the provider receiving the call shall inmediately
either by radio or phone not* the MCECC personnel of the error so that a correct
dispatch can be made.
(e)
Each emergency service provider participating in the enhanced emergency
telephone system shall maintain a publicly accessible 7-digit telephone number,
which shall be appropriately listed in appropriate telephone directories, in addition
to any telephone numbers provided in the system.
(f)
Each local telephone system shall ensure, through installing a dial-tone-first option,
that all coin operated telephones in McDowell County are equipped by the public
utility, or the vendor who installs it, to permit a caller to dial 911 and initiate calk
to the emergency telephone answering point without first having to insert a coin.
ARTICLE 111 - PROJECTED COSTS
SECTION 5 - COSTS
(a)
The Costs of operating the local emergency telephone system are as follows:
A monthly maintenance fee will be charged for as long as the 91 1 system is in
operation. This fee shall be tariffed by the Public Service Commission and be
based on each 1,000 local telephone Iines operational m the county.
(b)
An estimated annual budget for the next five years of operation is attached to this
ordinance,
SECTION 6- ADMINISTRATIVE COSTS FOR FEE COLLECTION
(a)
An administrative fees as established by tarif€ will be charged against actual
collections of the enhanced emergency telephone system fee each month by the
local telephone company. The fee will vary based on actual collections.
ARTICLE IV- CONSUMER FEE
SECTION 7- IMPOSITION OF FEE; ESTABLISHMENT OF SEPARATE ENHANCED 911
FUND;PAYMENT OF COSTS NOT RECOVERED THROUGH FEE
Pursuant to $7-1-3cc of the West Virginia Code, the McDoweU County
Commission shall impose a fee of 290 cents per month per local exchange service
b e to 6.tmce the projected costs of establishing, equipping, fimishing and
maintaining the enhanced emergency telephone system. Said fee shall be effective
May 1,2001.
To equalize the rates charged to PBX and Centrex systems, PBX lines will be
charged at the rate of $2.90 per line per month and Centrex systems will be
charged at the rate of $2.90 per line per month for the first eight lines and at the
rate of one eigth of $2.90 per month for all additional lines.
Any individual or individuals exempted firom paying normal telephone costs by an
approved plan or exemption approved by the Public Service Commission of W
shall be exempt fiom paying the enhanced 9-1-1 fee.
All fees remitted under the above sections are to be deposited in a separate
E-9-1-1fee account.
ARTICLE V-RESOLUTION OF CONFLICTS
SECTION 8 - REGULATORY AUTHORITY
In the event of any conflict arising between political subdivisions and the telephone
company or companies providing services or among political subdivisions
regarding the enhanced emergency telephone system, the West Virginia Public
Service Commission shall upon application by any party, resolve such coaflict.
Upon adoption, of this ordinance, the terms and conditions ofthe
telecommunications services and facilities provided by the telephone companies
will be governed by the applicable t&
on file with and approved by the Public
Service Commission of West Virginia, the rules, regubtions and orders of the
Public Service Commission and the laws of the State of West Virginia.
The telephone companies that will provide the services and hilities in subsection
(b) include but are not limited to:
Citizens Cammunicatiom
Verizon- West Virginia
The War Telephone company
ARTICLE VI- LIMITATION OF LIABILITY
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SECTION 9 PROTECTIONS
(a)
Any public agency participating in the enhanced emergency telephone system
established in McDowell County, WV, and any officer, agent or employee of such
pubic agency or of the county is not liable for damages in a civil action for
injuries, death or loss of persons or property arising from any act or omission ,
except wiuful and wanton misconduct, in connectionwith developing, adopting or
approving any final plan or any agreement made pursuant to this ordinance, or
otherwise bringing into operation an enhanced emergency telephone system
pursuant to this ordinance.
ARTICLE VII-PROHIBITIONS AND PENALTYS
SECTION 10 - MISUSE OF 911
No person may knowingly use 911, the telephone number of the enhanced
telephone system in McDowell County, to report an emergency if he or she knows
that no such an emergency exists.
No person may disclose or use, for any purpose other that for the enhanced
emergency telephone system serving McDoweU County, any information contained
in the database used for the enhanced telephone system pursuant to this ordinance.
No person may wiufulry not pay the enhanced 9-1-1 fee charged on his phone bill.
Any person who violates any provision of this section is guilty of a misdemeanor,
and, upon conviction shall be fined not less than two hundred d o b s nor more
than five thousand dollars, or imprisoned in the county jail for not more than one
year, or both fined and imprisoned.
ARTICLE VIII- ADOPTION PROCESS
SECTION 11 PUBLIC HEARING
(a)
The McDowell County Commission shall conduct a public hearing regarding the
plan outlined in this ordinance to explain the enhanced emergency telephone
system and receive comments fiom other public officials and interested parties.
The public hearing shall commence on
.inthe
Commission meeting room at the County Commission building.
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(b)
Copies of this ordinance shall be available for public inspection in the offices of the
County Commission and the County Clerk during n o d working hours.
(c)
At least thirty (30) days, but no more than sixty (60) days, before the public
hearing, the County Commission shall publish a notice in a newspaper of general
circulation of the date, purpose and location of the meeting and identifjhg where a
copy of the proposal may be examined.
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SECTION 12 ADOPTION
(a)
At the conclusion of the pubic hearing, the McDowell County Commission will
make a decision regarding the plan under which the enhanced emergency telephone
system will be adopted, taking into consideration all writ~enand oral comments
received.
SECTION 13 - AMENDMENTS
(a)
Any amendment to this ordinance shall be made only after notice of the proposed
amendments is given, as provided in Section 17. The only changes exempted &om
the formal amendment process shall be any rate or tariffadjustment made by the
WV Public Service Commission or any agreement d e between the County
Commission, its agents, any political subdivision or agency covered by this
ordinance as it relates to the handling ofemergency calls.
I Gordon 0. Lambert, President of the McDowell County Commission, c e r t that
~ this is a true
copy ofthe ordinance revision passed by the McDowell County Commission d e r its public
hearing; on the
day of
,2001.
Att
.