Bill Text: NY S07291 | 2019-2020 | General Assembly | Amended
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 5-0)
Status: (Engrossed - Dead) 2020-02-12 - referred to governmental operations [S07291 Detail]
Download: New_York-2019-S07291-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 7291--A IN SENATE January 16, 2020 ___________ Introduced by Sens. PERSAUD, SKOUFIS, BIAGGI, KAVANAGH -- read twice and ordered printed, and when printed to be committed to the Committee on Housing, Construction and Community Development -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee 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; 24 (e) Revocation or suspension of the certification of any code enforce- 25 ment personnel found after a hearing to have materially failed to uphold EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD13900-04-0S. 7291--A 2 1 duties of a code enforcement officer, including but not limited to, 2 making material errors or omissions on an inspection report. The hearing 3 required prior to such revocation or suspension shall provide the code 4 enforcement officer the opportunity to be heard and shall be conducted 5 pursuant to article three of the state administrative procedure act; 6 (f) Minimum qualifications for instructors for approved code enforce- 7 ment training programs for code enforcement personnel; 8 (g) The requirements of minimum basic training which code enforcement 9 personnel shall complete in order to be eligible for continued employ- 10 ment or permanent appointment, and the time within which such basic 11 training must be completed following such appointment, provided however, 12 that absent a written extension from the secretary of state for good 13 cause shown, the minimum basic training requirements shall be completed 14 within ninety days from the date of appointment for building safety 15 instructors and within six months from the date of appointment for code 16 enforcement officials; 17 (h) The requirements for in-service training programs designed to 18 assist code enforcement personnel in maintaining skills and being 19 informed of technological advances which shall include (i) an annual 20 minimum of ten hours for building safety instructors and twenty-six 21 hours for code enforcement officials, and (ii) one hour of advanced 22 in-service training on a matter determined annually by the secretary of 23 state relating to changes in law, advancements in construction tech- 24 niques, or detection and remediation of common violations of the uniform 25 code and/or energy code including but not limited to mold, lead paint 26 abatement and infestations of rodents and other pests; 27 (i) Categories or classifications of advanced in-service training 28 programs and minimum courses of study and attendance requirements with 29 respect to such categories or classifications; 30 (j) The prohibition of continued employment of an individual as code 31 enforcement personnel whose certification has been suspended or revoked, 32 unless such individual has received an extension to achieve an active 33 certification by the secretary of state upon a showing of good cause. 34 Where such suspension or revocation is the result of failure to complete 35 in-service training pursuant to paragraph (h) of this subdivision, any 36 adverse employment action shall be based on negligent failure to 37 complete the required hours. Nothing in this section shall be deemed to 38 diminish the rights, privileges, or remedies of any applicant or current 39 or former employee under any other law or regulation or under any 40 collective bargaining agreement or employment contract; and 41 (k) Exemptions from particular provisions of this article in the case 42 of any county, city, town, or village if in the opinion of the secretary 43 of state the standards of code enforcement training established and 44 maintained by such county, city, town, or village are equal to or higher 45 than those established pursuant to this article; or revocation in whole 46 or in part of such exemption, if in his or her opinion the standards of 47 code enforcement training established and maintained by such county, 48 city, town, or village are lower than those established pursuant to this 49 article[;]. 50 § 2. This act shall take effect on the one hundred twentieth day after 51 it shall have become a law. Effective immediately, the addition, amend- 52 ment and/or repeal of any rule or regulation necessary for the implemen- 53 tation of this act on its effective date are authorized to be made and 54 completed on or before such date.
