S T A T E O F N E W Y O R K
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1310
2017-2018 Regular Sessions
I N A S S E M B L Y
January 11, 2017
___________
Introduced by M. of A. ZEBROWSKI, JAFFEE -- read once and referred to
the Committee on Governmental Operations
AN ACT to amend the executive law, in relation to code enforcement offi-
cer's training and certificate
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 376-a of the executive law, as added by section 29
of part B of chapter 56 of the laws of 2010, is amended to read as
follows:
§ 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 regu-
lations 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 EXAM-
INATION 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;
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02395-01-7
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(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 ENFORCE-
MENT 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 enforce-
ment training programs for code enforcement personnel;
[(d)] (G) The requirements of minimum basic training which code
enforcement personnel shall complete in order to be eligible for contin-
ued employment or permanent appointment, and the time within which such
basic training must be completed following such appointment;
[(e)] (H) The requirements for in-service training programs designed
to assist code enforcement personnel in maintaining skills and being
informed of technological advances;
[(f)] (I) Categories or classifications of advanced in-service train-
ing programs and minimum courses of study and attendance requirements
with respect to such categories or classifications;
[(g)] (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 estab-
lished and maintained by such county, city, town, or village are equal
to or higher than those established pursuant to this article; or revoca-
tion 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 depart-
ment 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;
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(E) Cause studies and surveys to be made relating to the establish-
ment, operation, effectiveness and approval of code enforcement training
programs;
[(e)] (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;
[(f)] (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.
§ 2. This act shall take effect on the ninetieth day after it shall
have become a law.