Senate Bill S532A

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  532--A
     Cal. No. 452
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by Sens. PERSAUD, SKOUFIS, BIAGGI, KAVANAGH, MANNION, REICH-
   LIN-MELNICK, RIVERA -- read twice and ordered printed, and when print-
   ed to be committed to  the  Committee  on  Housing,  Construction  and
   Community  Development  --  recommitted  to  the Committee on Housing,
   Construction and Community Development in accordance with Senate  Rule
   6,  sec. 8 -- reported favorably from said committee, ordered to first
   and second report, ordered to a third reading, passed  by  Senate  and
   delivered  to  the  Assembly, recalled, vote reconsidered, restored to
   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 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

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD03038-04-2
 S. 532--A                           2
 
 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
 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 SIX MONTHS FROM THE  DATE  OF  APPOINTMENT  FOR  BUILDING  SAFETY
 INSPECTORS  AND  WITHIN  TWELVE  MONTHS FROM THE DATE OF APPOINTMENT FOR
 CODE ENFORCEMENT OFFICIALS, PROVIDED  FURTHER  THAT  A  BUILDING  SAFETY
 INSPECTOR  MUST  COMPLETE  AT LEAST ONE-THIRD OF REQUIRED BASIC TRAINING
 COURSES PRIOR TO PERFORMING BUILDING SAFETY INSPECTOR ENFORCEMENT ACTIV-
 ITIES; AND A CODE ENFORCEMENT OFFICIAL MUST COMPLETE AT LEAST  ONE-SIXTH
 OF  REQUIRED  BASIC TRAINING COURSES PRIOR TO PERFORMING BUILDING SAFETY
 INSPECTOR  ENFORCEMENT  ACTIVITIES  AND  MUST  COMPLETE  TWO-THIRDS   OF
 REQUIRED  BASIC  TRAINING  COURSES  PRIOR TO PERFORMING CODE ENFORCEMENT
 OFFICIAL ENFORCEMENT ACTIVITIES;
   (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 AN ANNUAL MINIMUM
 OF TEN HOURS FOR BUILDING SAFETY INSPECTORS  AND  TWENTY-SIX  HOURS  FOR
 CODE  ENFORCEMENT  OFFICIALS,  AND  INCLUDE  TOPICS  ON  CHANGES IN LAW,
 ADVANCEMENTS IN CONSTRUCTION TECHNIQUES, OR DETECTION AND REMEDIATION OF
 COMMON VIOLATIONS OF THE UNIFORM CODE AND/OR ENERGY CODE;
   (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.
 WHERE SUCH SUSPENSION OR REVOCATION IS THE RESULT OF FAILURE TO COMPLETE
 IN-SERVICE  TRAINING  PURSUANT TO PARAGRAPH (H) OF THIS SUBDIVISION, ANY
 ADVERSE EMPLOYMENT  ACTION  SHALL  BE  BASED  ON  NEGLIGENT  FAILURE  TO
 COMPLETE  THE REQUIRED HOURS. NOTHING IN THIS SECTION SHALL BE DEEMED TO
 DIMINISH THE RIGHTS, PRIVILEGES, OR REMEDIES OF ANY APPLICANT OR CURRENT
 OR FORMER EMPLOYEE UNDER ANY  OTHER  LAW  OR  REGULATION  OR  UNDER  ANY
 COLLECTIVE BARGAINING AGREEMENT OR EMPLOYMENT CONTRACT; 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
 S. 532--A                           3
 
 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.