N.Y. Executive Law § 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 that can be completed online, with flexible scheduling options

that allow for completion at the desired time and pace of such 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.