NY Exec L § 376-A (2021)
2021 New York Laws EXC - Executive Article 18 - New York State Uniform Fire Prevention and Building Code Act 376-A - Code Enforcement Training and Certification.

§  376-a.  Code  enforcement  training  and  certification. 1. For the purpose of this section, the term code enforcement personnel shall  mean a  code  enforcement official certified pursuant to this section charged with enforcement of the uniform fire prevention and building code or the state energy conservation construction code.   2. In addition to the functions, powers and duties otherwise  provided by  this  article,  the  secretary  of  state  may  promulgate rules and regulations with respect to:  (a) The approval, or revocation thereof, of code enforcement  training programs for code enforcement personnel;  (b)  Minimum  courses of study, attendance requirements, and equipment and facilities to be required for  approved  code  enforcement  training programs for code enforcement personnel;  (c)  Minimum training and examination requirements to qualify for code enforcement officer  certification,  provided  that  such  training  and examination  requirements shall not result in code enforcement personnel that have otherwise completed the minimum basic training requirements in order to be eligible for continued employment or  permanent  appointment as  of  the  effective  date  of the chapter of the laws of two thousand seventeen that amended this  paragraph  from  being  ineligible  without further  training or examination for certification pursuant to paragraph (d) of this subdivision;  (d) Issuance of a  code  enforcement  officer  certification  when  an applicant  satisfies  the requirement set forth in paragraph (c) of this subdivision;  (e)  Revocation  or  suspension  of  the  certification  of  any  code enforcement personnel found after a hearing to have materially failed to uphold  duties  of a code enforcement officer, including but not limited to, making material errors or omissions on  an  inspection  report.  The hearing  required  prior  to such revocation or suspension shall provide the code enforcement officer the opportunity to be heard  and  shall  be conducted   pursuant  to  article  three  of  the  state  administrative procedure act;  (f)  Minimum  qualifications  for  instructors   for   approved   code enforcement training programs for code enforcement personnel;  (g)  The requirements of minimum basic training which code enforcement personnel  shall  complete  in  order  to  be  eligible  for   continued employment  or  permanent  appointment,  and  the time within which such basic training must be completed following such appointment;  (h) The requirements for  in-service  training  programs  designed  to assist  code  enforcement  personnel  in  maintaining  skills  and being informed of technological advances;  (i) Categories or  classifications  of  advanced  in-service  training programs  and  minimum courses of study and attendance requirements with respect to such categories or classifications;  (j) Exemptions from particular provisions of this article in the  case of any county, city, town, or village if in the opinion of the secretary of  state  the  standards  of  code enforcement training established and maintained by such county, city, town, or village are equal to or higher than those established pursuant to this article; or revocation in  whole or  in part of such exemption, if in his or her opinion the standards of code enforcement training established and  maintained  by  such  county, city, town, or village are lower than those established pursuant to this article;   3.  In  furtherance  of his or her functions, powers and duties as set forth in this section, the secretary of state may:  (a)  Recommend  studies,  surveys  and  reports  to  be  made  by  the department  of  state  regarding  the carrying out of the objectives and purposes of this section;  (b)  Visit and inspect any code enforcement training programs approved by the secretary of state or for which application for such approval has been made; and  (c) Recommend standards for promotion to supervisory positions.   4. In addition to the functions, powers and duties otherwise  provided by this section, the secretary of state shall:  (a)  Approve  code  enforcement training programs for code enforcement personnel and issue certificates  of  approval  to  such  programs,  and revoke such approval or certificate;  (b)  Certify,  as qualified, instructors for approved code enforcement training programs for code enforcement personnel and  issue  appropriate certificates to such instructors;  (c)   Certify  code  enforcement  personnel  who  have  satisfactorily completed basic training programs and in-service training programs,  and issue  appropriate  certificates to such code enforcement personnel, and revoke such certificate;  (d) Investigate  and  conduct  hearings  as  appropriate  relative  to complaints made against code enforcement personnel;  (e)   Cause   studies   and   surveys  to  be  made  relating  to  the establishment, operation, effectiveness and approval of code enforcement training programs;  (f) Cause studies and surveys to be made relating to the completion or partial completion of training programs by  video  or  computer  to  the maximum extent practicable;  (g)  Consult  with and cooperate with the state university of New York and private universities, colleges and institutes in the state  for  the development  of  specialized  courses  of  study  for  code  enforcement personnel.