S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9676
 
                           I N  A S S E M B L Y
 
                             February 4, 2020
                                ___________
 
 Introduced  by  M.  of  A.  ZEBROWSKI  --  read once and referred to the
   Committee on Governmental Operations
 
 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:

   Section 1. Subdivision 2 of section 376-a of  the  executive  law,  as
 amended  by  chapter  468  of  the  laws  of 2017, is amended to read as
 follows:
   2. In addition to the functions, powers and duties otherwise  provided
 by this article, the secretary of state [may] SHALL promulgate rules and
 regulations 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 FOUR HUNDRED SIXTY-EIGHT of
 the laws of two thousand seventeen [that amended  this  paragraph]  from
 being  ineligible  without  further  training or examination for certif-
 ication pursuant to paragraph (d) of this subdivision;
   (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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD13900-03-9

 A. 9676                             2
 
 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;
   (g) The requirements of minimum basic training which code  enforcement
 personnel  shall  complete in order to be eligible for continued employ-
 ment or permanent appointment, and the  time  within  which  such  basic
 training must be completed following such appointment, PROVIDED HOWEVER,
 THAT  ABSENT  A  WRITTEN  EXTENSION FROM THE SECRETARY OF STATE FOR GOOD
 CAUSE SHOWN, THE MINIMUM BASIC TRAINING REQUIREMENTS SHALL BE  COMPLETED
 WITHIN  NINETY  DAYS  FROM  THE  DATE OF APPOINTMENT FOR BUILDING SAFETY
 INSTRUCTORS AND WITHIN SIX MONTHS FROM THE DATE OF APPOINTMENT FOR  CODE
 ENFORCEMENT OFFICIALS;
   (h)  The  requirements  for  in-service  training programs designed to
 assist code  enforcement  personnel  in  maintaining  skills  and  being
 informed  of  technological  advances  WHICH SHALL INCLUDE (I) AN ANNUAL
 MINIMUM OF TEN HOURS FOR  BUILDING  SAFETY  INSTRUCTORS  AND  TWENTY-SIX
 HOURS  FOR  CODE  ENFORCEMENT  OFFICIALS,  AND (II) ONE HOUR OF ADVANCED
 IN-SERVICE TRAINING ON A MATTER DETERMINED ANNUALLY BY THE SECRETARY  OF
 STATE  RELATING  TO  CHANGES  IN LAW, ADVANCEMENTS IN CONSTRUCTION TECH-
 NIQUES, OR DETECTION AND REMEDIATION OF COMMON VIOLATIONS OF THE UNIFORM
 CODE AND/OR ENERGY CODE INCLUDING BUT NOT LIMITED TO  MOLD,  LEAD  PAINT
 ABATEMENT AND INFESTATIONS OF RODENTS AND OTHER PESTS;
   (i)  Categories  or  classifications  of  advanced in-service training
 programs and minimum courses of study and attendance  requirements  with
 respect to such categories or classifications;
   (j)  THE  PROHIBITION OF CONTINUED EMPLOYMENT OF AN INDIVIDUAL AS CODE
 ENFORCEMENT PERSONNEL WHOSE CERTIFICATION HAS BEEN SUSPENDED OR REVOKED,
 UNLESS SUCH INDIVIDUAL HAS RECEIVED AN EXTENSION TO  ACHIEVE  AN  ACTIVE
 CERTIFICATION  BY  THE  SECRETARY OF STATE UPON A SHOWING OF GOOD CAUSE;
 AND
   (K) 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 established and
 maintained by such county, city, town, or village are equal to or higher
 than those established pursuant to this article; or revocation 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[;].
   § 2. This act shall take effect on the one hundred twentieth day after
 it  shall have become a law. Effective immediately, the addition, amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation of this act on its effective date are authorized to be  made  and
 completed on or before such date.