Bill Text: NY S00532 | 2021-2022 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relates to minimum standards for code enforcement personnel; requires the secretary of state to promulgate rules and regulations in relation to minimum standards for code enforcement personnel including requirements for training.

Spectrum: Partisan Bill (Democrat 7-0)

Status: (Passed) 2022-12-28 - APPROVAL MEMO.82 [S00532 Detail]

Download: New_York-2021-S00532-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                           532

                               2021-2022 Regular Sessions

                    IN SENATE

                                       (Prefiled)

                                     January 6, 2021
                                       ___________

        Introduced  by Sens. PERSAUD, SKOUFIS -- read twice and ordered printed,
          and when  printed  to  be  committed  to  the  Committee  on  Housing,
          Construction and Community Development

        AN  ACT to amend the executive law, in relation to minimum standards for
          code enforcement personnel

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Subdivision  2  of section 376-a of the executive law, as
     2  amended by chapter 468 of the laws  of  2017,  is  amended  to  read  as
     3  follows:
     4    2.  In addition to the functions, powers and duties otherwise provided
     5  by this article, the secretary of state [may] shall promulgate rules and
     6  regulations with respect to:
     7    (a) The approval, or revocation thereof, of code enforcement  training
     8  programs for code enforcement personnel;
     9    (b)  Minimum  courses of study, attendance requirements, and equipment
    10  and facilities to be required for  approved  code  enforcement  training
    11  programs for code enforcement personnel;
    12    (c)  Minimum training and examination requirements to qualify for code
    13  enforcement officer certification, provided that such training and exam-
    14  ination requirements shall not result in code enforcement personnel that
    15  have otherwise completed the  minimum  basic  training  requirements  in
    16  order  to  be eligible for continued employment or permanent appointment
    17  as of the effective date of [the] chapter four  hundred  sixty-eight  of
    18  the  laws  of  two thousand seventeen [that amended this paragraph] from
    19  being ineligible without further training  or  examination  for  certif-
    20  ication pursuant to paragraph (d) of this subdivision;
    21    (d)  Issuance  of  a  code  enforcement  officer certification when an
    22  applicant satisfies the requirement set forth in paragraph (c)  of  this
    23  subdivision;

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03038-01-1
        S. 532                              2

     1    (e) Revocation or suspension of the certification of any code enforce-
     2  ment personnel found after a hearing to have materially failed to uphold
     3  duties  of  a  code  enforcement  officer, including but not limited to,
     4  making material errors or omissions on an inspection report. The hearing
     5  required  prior  to such revocation or suspension shall provide the code
     6  enforcement officer the opportunity to be heard and shall  be  conducted
     7  pursuant to article three of the state administrative procedure act;
     8    (f)  Minimum qualifications for instructors for approved code enforce-
     9  ment training programs for code enforcement personnel;
    10    (g) The requirements of minimum basic training which code  enforcement
    11  personnel  shall  complete in order to be eligible for continued employ-
    12  ment or permanent appointment, and the  time  within  which  such  basic
    13  training must be completed following such appointment, provided however,
    14  that  absent  a  written  extension from the secretary of state for good
    15  cause shown, the minimum basic training requirements shall be  completed
    16  within  ninety  days  from  the  date of appointment for building safety
    17  instructors and within six months from the date of appointment for  code
    18  enforcement officials;
    19    (h)  The  requirements  for  in-service  training programs designed to
    20  assist code  enforcement  personnel  in  maintaining  skills  and  being
    21  informed  of  technological  advances  which shall include (i) an annual
    22  minimum of ten hours for  building  safety  instructors  and  twenty-six
    23  hours  for  code  enforcement  officials,  and (ii) one hour of advanced
    24  in-service training on a matter determined annually by the secretary  of
    25  state  relating  to  changes  in law, advancements in construction tech-
    26  niques, or detection and remediation of common violations of the uniform
    27  code and/or energy code including but not limited to  mold,  lead  paint
    28  abatement and infestations of rodents and other pests;
    29    (i)  Categories  or  classifications  of  advanced in-service training
    30  programs and minimum courses of study and attendance  requirements  with
    31  respect to such categories or classifications;
    32    (j)  The  prohibition of continued employment of an individual as code
    33  enforcement personnel whose certification has been suspended or revoked,
    34  unless such individual has received an extension to  achieve  an  active
    35  certification  by  the  secretary of state upon a showing of good cause.
    36  Where such suspension or revocation is the result of failure to complete
    37  in-service training pursuant to paragraph (h) of this  subdivision,  any
    38  adverse  employment  action  shall  be  based  on  negligent  failure to
    39  complete the required hours. Nothing in this section shall be deemed  to
    40  diminish the rights, privileges, or remedies of any applicant or current
    41  or  former  employee  under  any  other  law  or regulation or under any
    42  collective bargaining agreement or employment contract; and
    43    (k) Exemptions from particular provisions of this article in the  case
    44  of any county, city, town, or village if in the opinion of the secretary
    45  of  state  the  standards  of  code enforcement training established and
    46  maintained by such county, city, town, or village are equal to or higher
    47  than those established pursuant to this article; or revocation in  whole
    48  or  in part of such exemption, if in his or her opinion the standards of
    49  code enforcement training established and  maintained  by  such  county,
    50  city, town, or village are lower than those established pursuant to this
    51  article[;].
    52    § 2. This act shall take effect on the one hundred twentieth day after
    53  it  shall have become a law. Effective immediately, the addition, amend-
    54  ment and/or repeal of any rule or regulation necessary for the implemen-
    55  tation of this act on its effective date are authorized to be  made  and
    56  completed on or before such date.