S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   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

 A. 1310                             2
 
   (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;

 A. 1310                             3
 
   (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.