§ 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 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
examination 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 chapter four hundred sixty-eight of the laws
of two thousand seventeen from being ineligible without further training
or examination for certification 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
enforcement 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
enforcement 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
employment 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
activities; 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 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
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.

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
department 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;

(e) Cause studies and surveys to be made relating to the
establishment, operation, effectiveness and approval of code enforcement
training programs;

(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;

(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.