2023 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 shall 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 chapter four hundred sixty-eight of the laws
of two thousand seventeen 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,  provided
however, that absent a written extension from the secretary of state for
good  cause  shown,  the  minimum  basic  training requirements shall be
completed within six months from the date of  appointment  for  building
safety  inspectors and within twelve months from the date of appointment
for code enforcement officials, provided further that a building  safety
inspector  must  complete  at least one-third of required basic training
courses  prior  to  performing  building  safety  inspector  enforcement
activities;  and  a  code  enforcement  official  must complete at least
one-sixth  of  required  basic  training  courses  prior  to  performing
building  safety  inspector  enforcement  activities  and  must complete
two-thirds of required basic training courses prior to  performing  code
enforcement official enforcement activities;
(h)  The  requirements  for  in-service  training programs designed to
assist code  enforcement  personnel  in  maintaining  skills  and  being
informed of technological advances which shall include topics on changes
in  law,  advancements  in  construction  techniques,  or  detection and
remediation of common violations of the uniform code and/or energy code;
(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)  The  prohibition of continued employment of an individual as code
enforcement personnel whose certification has been suspended or revoked,
unless such individual has received an extension to  achieve  an  active
certification  by  the  secretary of state upon a showing of good cause.
Where such suspension or revocation is the result of failure to complete
in-service training pursuant to paragraph (h) of this  subdivision,  any
adverse  employment  action  shall  be  based  on  negligent  failure to
complete the required hours. Nothing in this section shall be deemed  to
diminish the rights, privileges, or remedies of any applicant or current
or  former  employee  under  any  other  law  or regulation or under any
collective bargaining agreement or employment contract; and
(k) 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.