reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XXXII - Division of Code Enforcement and Administration › Part 1204 - Uniform Code: Administration And Enforcement By State Agencies › Section 1204.17 - Authorities and public benefit corporations

Current through Register Vol. 46, No. 28, July 10, 2024
Where a State authority or public benefit corporation
				  participates in the construction of a new building or in the conversion,
				  alteration, addition, or repair of an existing building and where upon its
				  completion such building will be in the custody of an entity other than a State
				  agency, administration and enforcement of the Uniform Code with respect to the
				  construction, conversion, alteration, addition or repair will be the
				  responsibility of the code enforcement agency generally performing those
				  functions at the location of the work. The responsibility of a local code
				  enforcement agency may be suspended during the period of the work if, acting
				  pursuant to an express statutory grant, the authority or public benefit
				  corporation exercises such discretion. In that event, a construction-permitting
				  agency will be responsible for administration and enforcement of the Uniform
				  Code with regard to the particular project. If previously designated as a
				  construction-permitting agency, the particular authority or public benefit
				  corporation participating in the project may serve as the agency responsible
				  for administration and enforcement of the code. A construction-permitting
				  agency will be similarly responsible where the Uniform Code is applied in lieu
				  of local building construction regulations. Upon completion of the work,
				  administration and enforcement of the Uniform Code will revert to the local
				  agency ordinarily responsible for same.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XXXII - Division of Code Enforcement and Administration › Part 1204 - Uniform Code: Administration And Enforcement By State Agencies › Section 1204.18 - Buildings under the supervision of the Department of Transportation Real Estate Division

Current through Register Vol. 46, No. 28, July 10, 2024
With regard to buildings on property acquired by the
				  Department of Transportation for proposed transportation projects and which are
				  the subject of permits issued by the Real Estate Division allowing use of the
				  building by private entities until the property is needed for the construction
				  of the transportation project, it shall be the responsibility of the occupants
				  of such buildings to ensure that the building complies with applicable
				  provisions of the Uniform Code. The local code enforcement agency ordinarily
				  responsible for code enforcement where the building is located shall be
				  responsible for administration and enforcement of the Uniform Code with regard
				  to the particular building. Such responsibility shall include providing for the
				  performance of periodic fire safety inspections of the building in accordance
				  with a schedule established by the local enforcement agency for the particular
				  category of the building. Upon the termination of a permit allowing the private
				  use of a building under the supervision of the Real Estate Division, the
				  Department of Transportation shall assume responsibility for ensuring that such
				  building is maintained in compliance with applicable provisions of the Uniform
				  Code and that periodic fire safety inspections of each building are conducted
				  in accordance with the schedule established in section
				  1204.12 of this
				  Part.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XXXII - Division of Code Enforcement and Administration › Part 1205 - Uniform Code: Variance and Appeals Procedures › Section 1205.1 - Introduction, definitions, and scope

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Introduction. Section 381  of the
				Executive Law directs the Secretary of State to promulgate rules and
				regulations for the administration of the Uniform Fire Prevention and Building
				Code (Uniform Code), including the establishment of a procedure whereby any
				provision or requirement of the Uniform Code may be varied or modified. Such
				procedures are the subject of this Part.
(b) Definitions. Unless otherwise expressly
				stated, for the purposes of this Part, the following terms shall be deemed to
				have the meanings shown in this subdivision:
(1) Authority having jurisdiction. Any city,
				town, village, county, state agency, or other governmental unit or agency
				responsible for administration and enforcement of the Uniform Code.
(2) Construction document evidence. Evidence
				that all construction documents were prepared by a design professional,
				including, but not limited to, the design professional's seal which clearly and
				legibly shows both the design professionalï's name and license number and
				is signed by the design professional whose name appears on the seal in such a
				manner that neither the name nor the number is obscured in any way, the design
				professionalï's registration expiration date, the design professional's
				firm name (if not a sole practitioner), and, if the documents are submitted by
				a professional engineering firm and not a sole practitioner professional
				engineer, the firm's Certificate of Authorization number.
(3) Department. The New York State Department
				of State.
(4) Design professional.
				A licensed and registered architect in accordance with Article 147 of the New
				York State Education Law or a licensed and registered professional engineer in
				accordance with Article 145 of the New York State Education Law.
(5) Independent design professional. A design
				professional, licensed and registered to practice in the State of New York, who
				assumes the peer review responsibilities set forth in alternative compliance
				cases, and who is not an employee, coworker, partner, or subcontractor of the
				designer of the subject project. An independent design professional is one who
				does not engage in any activities that may conflict with their objective
				judgment and integrity, including but not limited to having a financial and/or
				other interest in the design, construction, installation, manufacture, or
				maintenance of the buildings or components that they are reviewing.
(6) Secretary. The Secretary of State, or
				their designee.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XXXII - Division of Code Enforcement and Administration › Part 1205 - Uniform Code: Variance and Appeals Procedures › Section 1205.2 - Regional board of review membership requirements and terms

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The regional boards of review previously
				created by the secretary for the Uniform Code and the regions previously
				designated for each of the boards by the secretary are continued, unless
				otherwise modified pursuant to subdivision (c) of this section. Each regional
				board of review shall be composed of five members, all of which shall be a
				resident of the region of the board to which they are appointed, except as
				otherwise provided in this section, and shall be comprised of each of the
				following:
(1) a licensed and registered
				architect in accordance with Article 147 of the New York State Education
				Law;
(2) a licensed and registered
				professional engineer in accordance with Article 145 of the New York State
				Education Law;
(3) an individual
				with a background in building code enforcement;
(4) an individual with a background in fire
				prevention; and
(5) a
				businessperson or lawyer.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XXXII - Division of Code Enforcement and Administration › Part 1205 - Uniform Code: Variance and Appeals Procedures › Section 1205.3 - Powers and duties

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Regional
				Board of Review.
(1) Variances. Each regional
				board of review shall have the power to vary or modify, in whole or in part,
				any provision or requirement of the Uniform Code in cases where strict
				compliance with such provision or requirement would entail practical
				difficulties or unnecessary hardship or would otherwise be unwarranted. Any
				such variance or modification shall not substantially adversely affect
				provisions for health, safety, and security; and equally safe and proper
				alternatives may be prescribed. When deciding whether to approve a variance or
				modification, the board of review shall have the authority to fashion suitable
				additional mitigating requirements as a condition to granting the variance or
				modification, so as to protect the building occupants from the hazards of fire
				and inadequate building construction. The party seeking the variance or
				modification shall show by the weight of the evidence that, in the particular
				case before the board of review, strict compliance with the particular
				provision or requirement:
(i) would create an
				excessive and unreasonable economic burden;
(ii) would not achieve the Uniform Code's
				intended objective;
(iii) would
				inhibit achievement of some other important public policy;
(iv) would be physically or legally
				impracticable;
(v) would be
				unnecessary either in light of alternatives which ensure the achievement of the
				Uniform Code's intended objective or in light of alternatives which, without a
				loss in the level of safety, achieve the Uniform Code's intended objective more
				efficiently, effectively, or economically; or
(vi) would entail a change so slight as to
				produce a negligible additional benefit consonant with the purposes of the
				Uniform Code.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XXXII - Division of Code Enforcement and Administration › Part 1205 - Uniform Code: Variance and Appeals Procedures › Section 1205.4 - Regional Board of Review Procedures

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Any person aggrieved may petition the
				regional board of review for relief of any provision or requirement of the
				Uniform Code under this Part. The petition shall be submitted to the department
				on a form prescribed by the department and shall include, at a minimum, all of
				the following:
(1) the fee(s) specified in or
				determined in accordance with section
				1205.6 of this Part;
(2) identification of the nature of the
				grievance, including specific provisions or requirements of the Uniform Code
				that the case is seeking to vary or modify;
(3) where necessary, electronic submission of
				construction documents (drawings and/or specifications), site plans, and
				descriptions of buildings and their histories, or where paper copies are
				required, copies in such number as the department may require;
(4) evidence substantiating that strict
				compliance with the specific provisions or requirements would entail practical
				difficulties or unnecessary hardship or would otherwise be unwarranted;
				and
(5) evidence substantiating
				that strict compliance with the particular provision or requirement satisfies
				one or more of the items identified in section
				1205.3(a) of this
				Part.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XXXII - Division of Code Enforcement and Administration › Part 1205 - Uniform Code: Variance and Appeals Procedures › Section 1205.5 - Routine Cases and Alternative Compliance Cases

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Routine cases. A routine case is one
				determined by the department to involve a de minimis variance or modification
				of the Uniform Code that does not substantially affect the code's provisions
				for health, safety, and security. At the department's discretion, in making
				this determination the department may coordinate with the petitioner, the
				authority having jurisdiction, and any known interested parties.
(1) Any person aggrieved may petition the
				department for relief under this subdivision. The petition shall be submitted
				to the department on a form prescribed by the department and shall include, at
				a minimum, all of the following:
(i) the
				fee(s) specified in or determined in accordance with section
				1205.6 of this Part;
(ii) a statement of the nature of the
				grievance and the relief sought in sufficient detail as would permit the
				department to make a determination on the basis of the information contained
				within the petition;
(iii) where
				necessary, construction documents (drawings and/or specifications), site plans,
				and descriptions of buildings and their histories; and
(iv) an explanation of the facts supporting
				the criteria upon which the petitioner relies as a basis for relief.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XXXII - Division of Code Enforcement and Administration › Part 1205 - Uniform Code: Variance and Appeals Procedures › Section 1205.6 - Fees

Current through Register Vol. 46, No. 28, July 10, 2024
The Department of State Variance Fee Schedule (publication
				  date: November 2022) published by the department is incorporated herein by
				  reference. Copies of the Department of State Variance Fee Schedule (publication
				  date: November 2022) may be obtained from the department and is available on
				  the department's website and for public inspection and copying at the following
				  address:
New York State Department of State
Division of Building Standards and Codes
One Commerce Plaza, 99 Washington Avenue
Albany, NY 12231-0001.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XXXII - Division of Code Enforcement and Administration › Part 1206 - Financial Assistance To Local Governments For Administration And Enforcement › Section 1206.1 - Purpose

Current through Register Vol. 46, No. 28, July 10, 2024
This Part establishes procedures through which local
				  governments may apply for and receive moneys available under section 54-g  of
				  the State Finance Law in support of activities related to the administration
				  and enforcement of fire prevention and building codes.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XXXII - Division of Code Enforcement and Administration › Part 1206 - Financial Assistance To Local Governments For Administration And Enforcement › Section 1206.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
After January 1, 1985, activities related to the
				  administration and enforcement of fire prevention and building codes means
				  activities conducted in accordance with the minimum standards for
				  administration and enforcement prescribed in Part 1203 of this Title,
				  regardless of the fire prevention or building code actually in force within a
				  local government.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XXXII - Division of Code Enforcement and Administration › Part 1206 - Financial Assistance To Local Governments For Administration And Enforcement › Section 1206.3 - Submitting applications

Current through Register Vol. 46, No. 28, July 10, 2024
(a) To be
				eligible to receive moneys in support of activities related to the
				administration and enforcement of fire prevention and building codes, a city,
				town or village must submit an application therefor, signed by its chief
				executive officer, not later than the last day of February following the end of
				the calendar year in which the activities were undertaken. Such application
				shall be made to the Secretary of State on a form provided for that purpose and
				shall include:
(1) an identification of the
				local law, ordinance or other regulation under which the local government
				enforces fire prevention and building codes;
(2) an identification of those building and
				fire prevention codes, if any, other than the New York State Uniform Fire
				Prevention and Building Code in effect within the local government;
(3) the number of building permits and
				certificates of occupancy issued by the local government during the subject
				calendar year.
(4) the number of
				existing structures which were inspected for compliance with the fire safety
				and housing maintenance provisions during the subject calendar year;
(5) the name, address and title of the local
				official charged with administration and enforcement of fire prevention and
				building codes; and
(6) the names
				and addresses of persons or firms, if any, which are authorized by applicant to
				provide, under contract or similar arrangement, inspection services or other
				support services related to administration and enforcement of fire prevention
				and building codes within the local government.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XXXII - Division of Code Enforcement and Administration › Part 1207 - Uniform Code: Reimbursement Of Local Government Training Costs › Section 1207.1 - Purpose

Current through Register Vol. 46, No. 28, July 10, 2024
This Part establishes procedures through which local
				  governments may apply for and receive moneys for reimbursement for training
				  costs associated with administration and enforcement of the New York State
				  Uniform Fire Prevention and Building Code (Uniform Code).
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XXXII - Division of Code Enforcement and Administration › Part 1207 - Uniform Code: Reimbursement Of Local Government Training Costs › Section 1207.2 - Eligible costs

Current through Register Vol. 46, No. 28, July 10, 2024
The following categories of training costs incurred by local
				  governments shall be eligible for reimbursement by the State:
(a) travel expenses, lodging costs and
				registration fees associated with code enforcement training programs which have
				received certification from the State Fire Administrator pursuant to section
				434.2 of this Title;
(b) costs of
				the purchase of computers and/or software used for enforcement of the Uniform
				Code;
(c) costs of the purchase of
				standards or other written material referenced in the text of the Uniform
				Code.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XXXII - Division of Code Enforcement and Administration › Part 1207 - Uniform Code: Reimbursement Of Local Government Training Costs › Section 1207.3 - Eligible local governments

Current through Register Vol. 46, No. 28, July 10, 2024
(a) To be
				eligible to receive moneys for reimbursement of training costs associated with
				administration and enforcement of the Uniform Code, a city, town, village or
				county must employ a code enforcement official who has received certification,
				pursuant to section 434.5 of this Title, as having successfully completed a
				certified basic training program for code enforcement personnel.
(b) In addition, the city, town, village or
				county must establish that its program for administration and enforcement of
				the Uniform Code complies with the provisions of Part 1203 of this
				Title.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XXXII - Division of Code Enforcement and Administration › Part 1207 - Uniform Code: Reimbursement Of Local Government Training Costs › Section 1207.4 - Applications

Current through Register Vol. 46, No. 28, July 10, 2024
(a) To receive
				moneys for reimbursement for training costs associated with the administration
				and enforcement of the Uniform Code, a local government must submit an
				application therefor, signed by the chief executive officer, not later than the
				10th day of April following the end of the State fiscal year in which the
				training costs were incurred. Such application shall be made to the Secretary
				of State on a form provided for that purpose.
(b) The application shall include:
(1) an identification of the local law,
				ordinance or other regulation by which the local government administers and
				enforces the Uniform Code;
(2) the
				name and title of the local official(s) charged with administration and
				enforcement of the Uniform Code;
(3) the date on which a code enforcement
				official of the local government received certification of having successfully
				completed a certified basic training program for code enforcement
				personnel;
(4) the names and
				addresses of persons or firms, if any, which are authorized by the local
				government to provide, under contract or similar arrangement, inspection
				services or other support services related to administration and enforcement of
				the Uniform Code within the local government;
(5) the number of building permits and
				certificates of occupancy or compliance issued by the local government during
				the preceding calendar year; and
(6) the number of existing structures which
				were inspected for compliance with the fire safety and housing maintenance
				provisions of the Uniform Code during the preceding calendar year.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XXXII - Division of Code Enforcement and Administration › Part 1207 - Uniform Code: Reimbursement Of Local Government Training Costs › Section 1207.5 - Disbursal of moneys

Current through Register Vol. 46, No. 28, July 10, 2024
If the total of eligible training costs submitted for
				  reimbursement by local governments exceeds the amount appropriated for such
				  purpose by the State Legislature for any State fiscal year, the total of the
				  amount appropriated shall be disbursed on a pro rata basis.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XXXII - Division of Code Enforcement and Administration › Part 1208 - Uniform Code: Training of Staff › Subpart 1208-1 - Introduction, Purpose and Definitions › Section 1208-1.1 - Introduction and purpose

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Section 381  of the Executive Law authorizes the Secretary of State to
				  promulgate rules and regulations prescribing minimum standards for
				  administration and enforcement of the Uniform Fire Prevention and Building Code
				  (the Uniform Code) and the State Energy Conservation Construction Code (the
				  Energy Code). This Part includes that portion of the rules and regulations
				  promulgated pursuant to section 381  of the Executive Law that relates to:
1) qualifications of staff, including
				  requirements for certification of such staff, and
2) minimum basic training and in-service
				  training requirements for personnel charged with administration and enforcement
				  of the Uniform Code and/or the Energy Code. This Part shall apply to personnel
				  who work for local governments, counties or State agencies that administer and
				  enforce the Uniform Code and/or the Energy Code.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XXXII - Division of Code Enforcement and Administration › Part 1208 - Uniform Code: Training of Staff › Subpart 1208-1 - Introduction, Purpose and Definitions › Section 1208-1.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
In this Part, the following terms shall have the following
					 meanings, unless a different meaning is clearly required by the context:
(a)
Adjunct instructor
means
				  a person certified pursuant to this Part as qualified to teach or present one
				  or more specified in-service training courses.
(b)
Building safety
				  inspector
means a person who performs fire safety and property
				  maintenance inspections on existing buildings.
(c)
Certified building safety
				  inspector
means a person who has been certified pursuant to this Part
				  to perform building safety inspector enforcement activities and whose
				  certification has not been revoked or become inactive.
(d)
Certified code enforcement
				  official
means a person who has been certified pursuant to this Part
				  to perform code enforcement official enforcement activities and whose
				  certification has not been revoked or become inactive.
(e)
Code enforcement
				  official
means a person who performs any enforcement
				  activity.
(f)
Department
means the Department of State.
(g)
Energy Code
means the
				  New York State Energy Conservation Construction Code promulgated pursuant to
				  article 11 of the Energy Law.
(h)
Enforcement activity
means any activity related to
				  administration and/or enforcement of the Uniform Code and/or the Energy Code,
				  excluding purely ministerial acts (such as signing permits, certificates of
				  occupancy, orders, appearance tickets, or similar documents in reliance on
				  reviews, approvals and/or inspections performed by other persons) and
				  secretarial and other clerical activities. Special inspections as defined in
				  the Uniform Code are not considered an enforcement activity. There are two
				  levels of enforcement activities: building safety inspector and code
				  enforcement official:
(1)
Building
				  safety inspector enforcement activities
include:
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XXXII - Division of Code Enforcement and Administration › Part 1208 - Uniform Code: Training of Staff › Subpart 1208-2 - Minimum Training Requirements and Minimum Standards › Section 1208-2.1 - Minimum training requirements for building safety inspectors and code enforcement officials

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  General. Except as otherwise provided in subdivision (b) of section
				  1208-2.2 of this Part, no person
				  shall perform any enforcement activity unless such person satisfies the minimum
				  training requirements applicable to such enforcement activity, as specified in
				  this section. There are two levels of enforcement activities: building safety
				  inspector and code enforcement official. If a person performs more than one
				  level of enforcement activity, he or she must satisfy the minimum training
				  requirements applicable to each level of enforcement activity he or she
				  performs.
(b) To satisfy the
				  minimum training requirements for a person who performs building safety
				  inspector enforcement activities, a person must be certified as a building
				  safety inspector pursuant to section
				  1208-3.1, section
				  1208-5.4, or section
				  1208-5.5 of this Part, and must
				  maintain such certification in the manner specified in section
				  1208-3.1 of this Part.
(c) To satisfy the minimum training
				  requirements for a person who performs code enforcement official enforcement
				  activities, a person must be certified as a code enforcement official pursuant
				  to section
				  1208-3.1, section
				  1208-5.4, or section
				  1208-5.5 of this Part, and must
				  maintain such certification in the manner specified in section
				  1208-3.1 of this Part.
(d) More stringent training requirements.
				  This section specifies minimum training requirements for persons who perform
				  enforcement activities. Nothing in this section shall be construed as
				  preventing any local government, county or State agency from imposing more
				  stringent training requirements for its building safety inspectors or code
				  enforcement officials.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XXXII - Division of Code Enforcement and Administration › Part 1208 - Uniform Code: Training of Staff › Subpart 1208-2 - Minimum Training Requirements and Minimum Standards › Section 1208-2.2 - Minimum standards for local governments, counties and State agencies

Current through Register Vol. 46, No. 28, July 10, 2024
(a) General.
				  Building safety inspectors and code enforcement officials designated by local
				  governments, counties or State agencies for administration and enforcement of
				  the Uniform Code, Energy Code, or portions thereof, shall be certified pursuant
				  to section
				  1208-3.1,
				  1208-5.4, or
				  1208-5.5 of this Part. A local
				  government, county or State agency responsible for administration and
				  enforcement of the Uniform Code and/or the Energy Code shall provide the
				  opportunity for training and certification for the designated building safety
				  inspector and/or code enforcement official pursuant to this Part.
(b) Exceptions. Notwithstanding the
				  provisions of section
				  1208-2.1 of this Part and
				  subdivision (a) of this section:
(1) A person
				  who has successfully completed at least one-third of the required building
				  safety inspector basic training program described in section
				  1208-3.2(b) of
				  this Part may, during such person's basic training period (as that term is
				  defined in paragraph (3) of this subdivision), perform building safety
				  inspector enforcement activities on behalf of the local government, county, or
				  State agency by which such person is employed, provided that:
(i) such local government, county, or State
				  agency designates such person to perform building safety inspector enforcement
				  activities on behalf of such local government, county, or State agency;
				  and
(ii) such person is progressing
				  toward completion of the building safety inspector basic training program at a
				  rate which, in the judgment of the local government, county, or State agency by
				  which such person is employed, will assure that such person will complete such
				  program within such person's basic training period.
If such person fails to complete the building safety
					 inspector basic training program within their basic training period, they shall
					 not be permitted to perform any building safety inspector enforcement
					 activities until and unless an extension is granted pursuant to section
					 1208-3.2(d) of
					 this Part.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XXXII - Division of Code Enforcement and Administration › Part 1208 - Uniform Code: Training of Staff › Subpart 1208-3 - Certification of Building Safety Inspectors and Code Enforcement Officials › Section 1208-3.1 - Certification of building safety inspectors and code enforcement officials

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Certified
				  building safety inspector. A person who successfully completes the building
				  safety inspector basic training program described in subdivision (b) of section
				  1208-3.2 of this Part within the
				  time required by subdivision (d) of that section shall be certified as a
				  building safety inspector. To maintain such certification, such person must
				  satisfy the building safety inspector in-service training requirements
				  described in subdivision (b) of section
				  1208-3.3 of this Part and any and
				  all advanced in-service training requirements made applicable pursuant to
				  section 1208-3.4 of this Part.
(b) Certified code enforcement official. A
				  person who successfully completes the code enforcement official basic training
				  program described in subdivision (c) of section
				  1208-3.2 of this Part within the
				  time required by subdivision (d) of that section shall be certified as a code
				  enforcement official. To maintain such certification, such person must satisfy
				  the code enforcement official in-service training requirements described in
				  subdivision (c) of section
				  1208-3.3 of this Part and any and
				  all advanced in-service training requirements made applicable pursuant to
				  section 1208-3.4 of this Part.
(c) Increase in level of certification. A
				  certified building safety inspector may change his or her certification to
				  certified code enforcement official by:
(1)
				  notifying the Department in writing that he or she intends to change his or her
				  level of certification to certified code enforcement official;
(2) completing the additional basic training
				  courses required for certification as a code enforcement official within such
				  time period as shall be prescribed by the Secretary (provided, however, that if
				  the certified building safety inspector previously held certification as a code
				  enforcement official, he or she will not be required to take such additional
				  basic training courses if he or she takes an examination in each such
				  additional basic training course and achieves a passing grade on each such
				  examination). A change in level of certification shall be effective when the
				  Secretary issues a certificate confirming such change. A certified building
				  safety inspector who changes his or her level of certification to certified
				  code enforcement official must thereafter maintain such certification by
				  satisfying the in-service training requirements and advanced in-service
				  training requirements applicable to a certified code enforcement official.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XXXII - Division of Code Enforcement and Administration › Part 1208 - Uniform Code: Training of Staff › Subpart 1208-3 - Certification of Building Safety Inspectors and Code Enforcement Officials › Section 1208-3.2 - Basic training programs

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  General
Except as otherwise provided in section
					 1208-5.4 and section
					 1208-5.5 of this Part, to obtain
					 certification as a certified building safety inspector or as a certified code
					 enforcement official, a person must complete the applicable basic training
					 program described in subdivision (b) or (c) of this section within the time
					 required by subdivision (d) of this section. Only basic training courses which
					 are:
(1) developed and presented by
				  the department; or
(2) approved and
				  certified by the secretary pursuant to this Part and taught or presented by
				  instructors approved and certified by the secretary pursuant to this Part,
				  shall count toward completion of a basic training program.
The department may from time to time designate any basic
					 training course(s) as prerequisite(s) for any other basic training course(s),
					 and if the department makes any such designation, a student will not be
					 permitted to take a basic training course unless such student shall have
					 satisfied all prerequisite requirements applicable to such basic training
					 course.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XXXII - Division of Code Enforcement and Administration › Part 1208 - Uniform Code: Training of Staff › Subpart 1208-3 - Certification of Building Safety Inspectors and Code Enforcement Officials › Section 1208-3.3 - In-service training requirements

Current through Register Vol. 46, No. 28, July 10, 2024
(a) General. To maintain certification, a
				  certified building safety inspector or a certified code enforcement official
				  must satisfy the applicable in-service training requirements set forth in this
				  section. In-service training courses shall count towards satisfaction of the
				  in-service training requirement if they are:
(1) developed and presented by the
				  Department, or
(2) approved and
				  certified by the Secretary pursuant to this Part and taught or presented by
				  instructors or adjunct instructors approved and certified by the Secretary
				  pursuant to this Part, or
(3)
				  approved and certified by the Secretary pursuant to this Part as an online
				  training course, or
(4) accepted by
				  the Secretary pursuant to this Part as a professional development elective,
				  or
(5) accepted as professional
				  certification by the International Code Council or another nationally
				  recognized organization in any of the following categories: "Code enforcement,"
				  "Energy," "Fire," "Green building," "Commercial, residential or special
				  inspector," or "Plans examiner," or similar category as determined by the
				  Secretary. Certification in each category shall be deemed to be the successful
				  completion of 8 hours of in-service training for each professional
				  certification received for the calendar year in which such professional
				  certification was obtained.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XXXII - Division of Code Enforcement and Administration › Part 1208 - Uniform Code: Training of Staff › Subpart 1208-3 - Certification of Building Safety Inspectors and Code Enforcement Officials › Section 1208-3.4 - Advanced in-service training requirements

Current through Register Vol. 46, No. 28, July 10, 2024
(a) To maintain certification, a certified
				  building safety inspector or a certified code enforcement official must
				  successfully complete all advanced in-service training requirements made
				  applicable to his or her category of certification pursuant to this section,
				  within the time established pursuant to this section. Only advanced in-service
				  training courses which are:
(1) developed and
				  presented by the Department, or
(2)
				  approved and certified by the Secretary pursuant to this Part and taught or
				  presented by instructors or adjunct instructors approved and certified by the
				  Secretary pursuant to this Part, shall satisfy an advanced in-service training
				  requirement.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XXXII - Division of Code Enforcement and Administration › Part 1208 - Uniform Code: Training of Staff › Subpart 1208-3 - Certification of Building Safety Inspectors and Code Enforcement Officials › Section 1208-3.5 - Inactive status of certification of building safety inspectors and code enforcement officials

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Inactive certification status for failure to satisfy in-service training
				  requirement or advanced in-service training requirement. The Secretary shall
				  designate a certified building safety inspector's certification or a certified
				  code enforcement official's certification as inactive, if such person fails to
				  satisfy the applicable in-service training requirement specified in section
				  1208-3.3 of this Part during any
				  calendar year or if such person fails to satisfy any applicable advanced
				  in-service training requirement within the time specified in the statement
				  issued by the Secretary pursuant to subdivision (b) of section
				  1208-3.4 of this Part.
(1) Adjustments and/or conditions to
				  in-service training requirement or advanced in-service training requirement.
				  The Secretary may grant an adjustment and/or conditions to an in-service
				  training requirement specified in section
				  1208-3.3 of this Part or to an
				  advanced in-service training requirement declared pursuant to section
				  1208-3.4 of this Part provided
				  that the certified building safety inspector or certified code enforcement
				  official documents his or her request for adjustment and/or conditions with a
				  showing of good cause and in the judgment of the Secretary the certified
				  building safety inspector or certified code enforcement official would be
				  unable to comply with the in-service training requirement or advanced
				  in-service training requirement in a timely manner. Adjustment to an in-service
				  training requirement or to an advanced in-service training requirement may be
				  granted for reasons of health certified by an appropriate health care
				  professional, for extended active duty with the armed forces of the United
				  States, or for other good cause acceptable to the Secretary.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XXXII - Division of Code Enforcement and Administration › Part 1208 - Uniform Code: Training of Staff › Subpart 1208-4 - Certification of Training Courses and Instructors › Section 1208-4.1 - Certification of training courses

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Types of training courses. There are
				  three types of training courses: basic training courses, in-service training
				  courses, and advanced in-service training courses.
(b) Standards for certification of training
				  courses. To be certified, a training course must satisfy each of the following
				  requirements:
(1) the training course must
				  include instruction in a topic specified in the applicable subdivision of
				  Section 1208-3.2 of this Part (in the case
				  of a basic training course), a topic specified in the applicable subdivision of
				  section 1208-3.3 of this Part (in the case
				  of an in-service training course), or a topic specified in the applicable
				  provision of the statement issued by the Secretary pursuant to subdivision (b)
				  of section
				  1208-3.4 of this Part (in the case
				  of an advanced in-service training course);
(2) the training course must be taught or
				  presented by an instructor who has been certified to teach or present such
				  training course pursuant to Section
				  1208-4.2 of this Part, or by an
				  adjunct instructor who has been certified to teach or present such training
				  course pursuant to Section
				  1208-4.3 of this Part;
(3) the training course should not serve to
				  endorse individual products or systems; this shall not prohibit courses
				  covering proprietary products or systems.
(4) the training course must establish a
				  system sufficient to monitor and record each student's attendance and
				  participation in each class session, the grade achieved by each student on each
				  examination, if applicable, and each student's success in completing the
				  training course; and
(5) if the
				  course is to be offered as an online training course, the training course must
				  include a system sufficient to monitor, verify and record each remote
				  participant's attendance and participation in each class session, the grade
				  achieved by each remote participant on each examination, and each remote
				  participant's success in completing the training course.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XXXII - Division of Code Enforcement and Administration › Part 1208 - Uniform Code: Training of Staff › Subpart 1208-4 - Certification of Training Courses and Instructors › Section 1208-4.2 - Certification of standard instructors

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Standards for certification of standard
				  instructors. To be certified as an standard instructor, an applicant must
				  satisfy each of the following requirements:
(1) the applicant must have received
				  certification as a certified code enforcement official, and must have
				  maintained such certification by satisfying all applicable in-service training
				  requirements and all applicable advanced in-service training
				  requirements;
(2) the applicant's
				  certification as a certified code enforcement official must not be inactive or
				  revoked;
(3) the applicant must
				  have successfully completed fire service instructor I and fire service
				  instructor II training or a minimum of three credit hours of equivalent
				  training acceptable to the Department (such training to be in addition to, and
				  not part of, the basic training, in-service training and advanced in-service
				  training required for certification as a certified code enforcement official).
				  For the purposes of this paragraph, the successful completion of "fire service
				  instructor I and fire service instructor II training" shall mean successful
				  completion of the courses of study listed in subparagraphs (iv) and (vi) of
				  paragraph (4) of subdivision (b) of section 426.4 of Title 19 of the Official
				  Compilation of Codes, Rules, and Regulations of the State of New York;
				  and
(4) if applicable, the
				  applicant must have the physical capacity to perform instructional duties
				  incidental to the training course(s) the applicant proposes to teach; in
				  addition, the applicant must satisfy at least one of the following
				  requirements:
(i) the applicant must have at
				  least three years of experience as a full-time code enforcement official
				  performing enforcement activities; or
(ii) the applicant must have been awarded an
				  associate's degree (or a higher degree) in building construction or
				  engineering, code administration, or inspection technology from an accredited
				  educational institution and the applicant must have at least one year of
				  experience as a full-time code enforcement official performing enforcement
				  activities; or
(iii) the applicant
				  must be a full-time training, technical, or field representative of the State
				  of New York having duties or expertise specifically related to code enforcement
				  programs.
(5) for each
				  Training Course which the applicant proposes to teach or present, the applicant
				  must complete the qualifying procedure established by the
				  Department.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XXXII - Division of Code Enforcement and Administration › Part 1208 - Uniform Code: Training of Staff › Subpart 1208-4 - Certification of Training Courses and Instructors › Section 1208-4.3 - Certification of adjunct instructors

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Standards for certification of adjunct
				  instructors. To be certified as an adjunct instructor, an applicant must
				  satisfy at least one of the following requirements:
(1) the applicant must have special skills,
				  training, knowledge or qualifications in the particular subject for which
				  adjunct instructor certification is sought; or
(2) the applicant must have a supervisory
				  position in the occupational field of the particular subject for which adjunct
				  instructor certification is sought; or
(3) the applicant must have substantial
				  teaching experience in the particular subject for which adjunct instructor
				  certification is sought; or
(4) the
				  applicant must have an associate's degree (or higher level degree) in a field
				  related to the subject(s) for which adjunct instructor certification is sought
				  from an accredited educational institution, or a professional certification in
				  a subject or field related to the subject(s) for which adjunct instructor
				  certification is sought from a recognized professional association.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XXXII - Division of Code Enforcement and Administration › Part 1208 - Uniform Code: Training of Staff › Subpart 1208-5 - Miscellaneous Provisions › Section 1208-5.1 - Applications

Current through Register Vol. 46, No. 28, July 10, 2024
An application made under any provision of this Part for
					 approval, certification, waiver, exemption or extension shall be in writing,
					 shall be submitted to the Department on a form provided by or otherwise
					 acceptable to the Department, and shall include or be accompanied by
					 information and documentation establishing to the satisfaction of the Secretary
					 that the applicant satisfies the respective criteria applicable to the type of
					 application submitted.