Bill Text: NY S07746 | 2015-2016 | General Assembly | Amended
Bill Title: Relates to code enforcement officer training and certification.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2016-06-17 - COMMITTED TO RULES [S07746 Detail]
Download: New_York-2015-S07746-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 7746--A Cal. No. 1357 IN SENATE May 12, 2016 ___________ Introduced by Sen. CARLUCCI -- read twice and ordered printed, and when printed to be committed to the Committee on Housing, Construction and Community Development -- reported favorably from said committee, ordered to first and second report, ordered to a third reading, amended and ordered reprinted, retaining its place in the order of third reading 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 sixteen that amended this paragraph from being ineligible without EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD15176-05-6S. 7746--A 2 1 further training or examination for certification pursuant to paragraph 2 (d) of this subdivision; 3 (d) Issuance of a code enforcement officer certification when an 4 applicant satisfies the requirement set forth in paragraph (c) of this 5 subdivision; 6 (e) Revocation or suspension of the certification of any code enforce- 7 ment personnel found after a hearing to have materially failed to uphold 8 duties of a code enforcement officer, including but not limited to, 9 making material errors or omissions on an inspection report. The hearing 10 required prior to such revocation or suspension shall provide the code 11 enforcement officer the opportunity to be heard and shall be conducted 12 pursuant to article three of the state administrative procedure act; 13 (f) Minimum qualifications for instructors for approved code enforce- 14 ment training programs for code enforcement personnel; 15 [(d)] (g) The requirements of minimum basic training which code 16 enforcement personnel shall complete in order to be eligible for contin- 17 ued employment or permanent appointment, and the time within which such 18 basic training must be completed following such appointment; 19 [(e)] (h) The requirements for in-service training programs designed 20 to assist code enforcement personnel in maintaining skills and being 21 informed of technological advances; 22 [(f)] (i) Categories or classifications of advanced in-service train- 23 ing programs and minimum courses of study and attendance requirements 24 with respect to such categories or classifications; 25 [(g)] (j) Exemptions from particular provisions of this article in the 26 case of any county, city, town, or village if in the opinion of the 27 secretary of state the standards of code enforcement training estab- 28 lished and maintained by such county, city, town, or village are equal 29 to or higher than those established pursuant to this article; or revoca- 30 tion in whole or in part of such exemption, if in his or her opinion the 31 standards of code enforcement training established and maintained by 32 such county, city, town, or village are lower than those established 33 pursuant to this article; 34 3. In furtherance of his or her functions, powers and duties as set 35 forth in this section, the secretary of state may: 36 (a) Recommend studies, surveys and reports to be made by the depart- 37 ment of state regarding the carrying out of the objectives and purposes 38 of this section; 39 (b) Visit and inspect any code enforcement training programs approved 40 by the secretary of state or for which application for such approval has 41 been made; and 42 (c) Recommend standards for promotion to supervisory positions. 43 4. In addition to the functions, powers and duties otherwise provided 44 by this section, the secretary of state shall: 45 (a) Approve code enforcement training programs for code enforcement 46 personnel and issue certificates of approval to such programs, and 47 revoke such approval or certificate; 48 (b) Certify, as qualified, instructors for approved code enforcement 49 training programs for code enforcement personnel and issue appropriate 50 certificates to such instructors; 51 (c) Certify code enforcement personnel who have satisfactorily 52 completed basic training programs and in-service training programs, and 53 issue appropriate certificates to such code enforcement personnel, and 54 revoke such certificate; 55 (d) Investigate and conduct hearings as appropriate relative to 56 complaints made against code enforcement personnel;S. 7746--A 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.
