§ 376-A — Code enforcement training and certification

New York § 376-A

• Jurisdiction: New York
• Law EXC: Executive
• Art. 18: New York State Uniform Fire Prevention and Building Code Act

Text

§ 376-a. Code enforcement training and certification. 1. For the\npurpose of this section, the term code enforcement personnel shall mean\na code enforcement official certified pursuant to this section charged\nwith enforcement of the uniform fire prevention and building code or the\nstate energy conservation construction code.\n 2. In addition to the functions, powers and duties otherwise provided\nby this article, the secretary of state shall promulgate rules and\nregulations with respect to:\n (a) The approval, or revocation thereof, of code enforcement training\nprograms for code enforcement personnel;\n (b) Minimum courses of study, attendance requirements, and equipment\nand facilities to be required for approved code enforcement training\nprograms for code enforcement personnel;\n (c) Minimum training and examination requirements to qualify for code\nenforcement officer certification, provided that such training and\nexamination requirements shall not result in code enforcement personnel\nthat have otherwise completed the minimum basic training requirements in\norder to be eligible for continued employment or permanent appointment\nas of the effective date of chapter four hundred sixty-eight of the laws\nof two thousand seventeen from being ineligible without further training\nor examination for certification pursuant to paragraph (d) of this\nsubdivision;\n (d) Issuance of a code enforcement officer certification when an\napplicant satisfies the requirement set forth in paragraph (c) of this\nsubdivision;\n (e) Revocation or suspension of the certification of any code\nenforcement personnel found after a hearing to have materially failed to\nuphold duties of a code enforcement officer, including but not limited\nto, making material errors or omissions on an inspection report. The\nhearing required prior to such revocation or suspension shall provide\nthe code enforcement officer the opportunity to be heard and shall be\nconducted pursuant to article three of the state administrative\nprocedure act;\n (f) Minimum qualifications for instructors for approved code\nenforcement training programs for code enforcement personnel;\n (g) The requirements of minimum basic training which code enforcement\npersonnel shall complete in order to be eligible for continued\nemployment or permanent appointment, and the time within which such\nbasic training must be completed following such appointment, provided\nhowever, that absent a written extension from the secretary of state for\ngood cause shown, the minimum basic training requirements shall be\ncompleted within six months from the date of appointment for building\nsafety inspectors and within twelve months from the date of appointment\nfor code enforcement officials, provided further that a building safety\ninspector must complete at least one-third of required basic training\ncourses prior to performing building safety inspector enforcement\nactivities; and a code enforcement official must complete at least\none-sixth of required basic training courses prior to performing\nbuilding safety inspector enforcement activities and must complete\ntwo-thirds of required basic training courses prior to performing code\nenforcement official enforcement activities;\n (h) The requirements for in-service training programs designed to\nassist code enforcement personnel in maintaining skills and being\ninformed of technological advances which shall include topics on changes\nin law, advancements in construction techniques, or detection and\nremediation of common violations of the uniform code and/or energy code;\n (i) Categories or classifications of advanced in-service training\nprograms and minimum courses of study and attendance requirements with\nrespect to such categories or classifications;\n (j) The prohibition of continued employment of an individual as code\nenforcement personnel whose certification has been suspended or revoked,\nunless such individual has received an extension to achieve an active\ncertification by the secretary of state upon a showing of good cause.\nWhere such suspension or revocation is the result of failure to complete\nin-service training pursuant to paragraph (h) of this subdivision, any\nadverse employment action shall be based on negligent failure to\ncomplete the required hours. Nothing in this section shall be deemed to\ndiminish the rights, privileges, or remedies of any applicant or current\nor former employee under any other law or regulation or under any\ncollective bargaining agreement or employment contract; and\n (k) Exemptions from particular provisions of this article in the case\nof any county, city, town, or village if in the opinion of the secretary\nof state the standards of code enforcement training established and\nmaintained by such county, city, town, or village are equal to or higher\nthan those established pursuant to this article; or revocation in whole\nor in part of such exemption, if in his or her opinion the standards of\ncode enforcement training established and maintained by such county,\ncity, town, or village are lower than those established pursuant to this\narticle.\n 3. In furtherance of his or her functions, powers and duties as set\nforth in this section, the secretary of state may:\n (a) Recommend studies, surveys and reports to be made by the\ndepartment of state regarding the carrying out of the objectives and\npurposes of this section;\n (b) Visit and inspect any code enforcement training programs approved\nby the secretary of state or for which application for such approval has\nbeen made; and\n (c) Recommend standards for promotion to supervisory positions.\n 4. In addition to the functions, powers and duties otherwise provided\nby this section, the secretary of state shall:\n (a) Approve code enforcement training programs for code enforcement\npersonnel that can be completed online, with flexible scheduling options\nthat allow for completion at the desired time and pace of such code\nenforcement personnel, and issue certificates of approval to such\nprograms, and revoke such approval or certificate;\n (b) Certify, as qualified, instructors for approved code enforcement\ntraining programs for code enforcement personnel and issue appropriate\ncertificates to such instructors;\n (c) Certify code enforcement personnel who have satisfactorily\ncompleted basic training programs and in-service training programs, and\nissue appropriate certificates to such code enforcement personnel, and\nrevoke such certificate;\n (d) Investigate and conduct hearings as appropriate relative to\ncomplaints made against code enforcement personnel;\n (e) Cause studies and surveys to be made relating to the\nestablishment, operation, effectiveness and approval of code enforcement\ntraining programs;\n (f) Cause studies and surveys to be made relating to the completion or\npartial completion of training programs by video or computer to the\nmaximum extent practicable;\n (g) Consult with and cooperate with the state university of New York\nand private universities, colleges and institutes in the state for the\ndevelopment of specialized courses of study for code enforcement\npersonnel.\n