Bill Text: NY A01310 | 2017-2018 | General Assembly | Introduced
Bill Title: Relates to code enforcement officer training and certification.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Passed) 2017-12-18 - signed chap.468 [A01310 Detail]
Download: New_York-2017-A01310-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 1310 2017-2018 Regular Sessions IN ASSEMBLY 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: 1 Section 1. Section 376-a of the executive law, as added by section 29 2 of part B of chapter 56 of the laws of 2010, is amended to read as 3 follows: 4 § 376-a. Code enforcement training and certification. 1. For the 5 purpose of this section, the term code enforcement personnel shall mean 6 a code enforcement official certified pursuant to this section charged 7 with enforcement of the uniform fire prevention and building code or the 8 state energy conservation construction code. 9 2. In addition to the functions, powers and duties otherwise provided 10 by this article, the secretary of state may promulgate rules and regu- 11 lations with respect to: 12 (a) The approval, or revocation thereof, of code enforcement training 13 programs for code enforcement personnel; 14 (b) Minimum courses of study, attendance requirements, and equipment 15 and facilities to be required for approved code enforcement training 16 programs for code enforcement personnel; 17 (c) Minimum training and examination requirements to qualify for code 18 enforcement officer certification, provided that such training and exam- 19 ination requirements shall not result in code enforcement personnel that 20 have otherwise completed the minimum basic training requirements in 21 order to be eligible for continued employment or permanent appointment 22 as of the effective date of the chapter of the laws of two thousand 23 seventeen that amended this paragraph from being ineligible without 24 further training or examination for certification pursuant to paragraph 25 (d) of this subdivision; EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD02395-01-7A. 1310 2 1 (d) Issuance of a code enforcement officer certification when an 2 applicant satisfies the requirement set forth in paragraph (c) of this 3 subdivision; 4 (e) Revocation or suspension of the certification of any code enforce- 5 ment personnel found after a hearing to have materially failed to uphold 6 duties of a code enforcement officer, including but not limited to, 7 making material errors or omissions on an inspection report. The hearing 8 required prior to such revocation or suspension shall provide the code 9 enforcement officer the opportunity to be heard and shall be conducted 10 pursuant to article three of the state administrative procedure act; 11 (f) Minimum qualifications for instructors for approved code enforce- 12 ment training programs for code enforcement personnel; 13 [(d)] (g) The requirements of minimum basic training which code 14 enforcement personnel shall complete in order to be eligible for contin- 15 ued employment or permanent appointment, and the time within which such 16 basic training must be completed following such appointment; 17 [(e)] (h) The requirements for in-service training programs designed 18 to assist code enforcement personnel in maintaining skills and being 19 informed of technological advances; 20 [(f)] (i) Categories or classifications of advanced in-service train- 21 ing programs and minimum courses of study and attendance requirements 22 with respect to such categories or classifications; 23 [(g)] (j) Exemptions from particular provisions of this article in the 24 case of any county, city, town, or village if in the opinion of the 25 secretary of state the standards of code enforcement training estab- 26 lished and maintained by such county, city, town, or village are equal 27 to or higher than those established pursuant to this article; or revoca- 28 tion in whole or in part of such exemption, if in his or her opinion the 29 standards of code enforcement training established and maintained by 30 such county, city, town, or village are lower than those established 31 pursuant to this article; 32 3. In furtherance of his or her functions, powers and duties as set 33 forth in this section, the secretary of state may: 34 (a) Recommend studies, surveys and reports to be made by the depart- 35 ment of state regarding the carrying out of the objectives and purposes 36 of this section; 37 (b) Visit and inspect any code enforcement training programs approved 38 by the secretary of state or for which application for such approval has 39 been made; and 40 (c) Recommend standards for promotion to supervisory positions. 41 4. In addition to the functions, powers and duties otherwise provided 42 by this section, the secretary of state shall: 43 (a) Approve code enforcement training programs for code enforcement 44 personnel and issue certificates of approval to such programs, and 45 revoke such approval or certificate; 46 (b) Certify, as qualified, instructors for approved code enforcement 47 training programs for code enforcement personnel and issue appropriate 48 certificates to such instructors; 49 (c) Certify code enforcement personnel who have satisfactorily 50 completed basic training programs and in-service training programs, and 51 issue appropriate certificates to such code enforcement personnel, and 52 revoke such certificate; 53 (d) Investigate and conduct hearings as appropriate relative to 54 complaints made against code enforcement personnel;A. 1310 3 1 (e) Cause studies and surveys to be made relating to the establish- 2 ment, operation, effectiveness and approval of code enforcement training 3 programs; 4 [(e)] (f) Cause studies and surveys to be made relating to the 5 completion or partial completion of training programs by video or 6 computer to the maximum extent practicable; 7 [(f)] (g) Consult with and cooperate with the state university of New 8 York and private universities, colleges and institutes in the state for 9 the development of specialized courses of study for code enforcement 10 personnel. 11 § 2. This act shall take effect on the ninetieth day after it shall 12 have become a law.
