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S07291 Text:

                STATE OF NEW YORK
                    IN SENATE
                                    January 16, 2020
        Introduced by Sens. PERSAUD, SKOUFIS, BIAGGI, KAVANAGH -- read twice and
          ordered  printed, and when printed to be committed to the Committee on
          Housing,  Construction  and   Community   Development   --   committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee
        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:
     1    Section  1.  Subdivision  2  of section 376-a of the executive law, as
     2  amended by chapter 468 of the laws  of  2017,  is  amended  to  read  as
     3  follows:
     4    2.  In addition to the functions, powers and duties otherwise provided
     5  by this article, the secretary of state [may] shall promulgate rules and
     6  regulations with respect to:
     7    (a) The approval, or revocation thereof, of code enforcement  training
     8  programs for code enforcement personnel;
     9    (b)  Minimum  courses of study, attendance requirements, and equipment
    10  and facilities to be required for  approved  code  enforcement  training
    11  programs for code enforcement personnel;
    12    (c)  Minimum training and examination requirements to qualify for code
    13  enforcement officer certification, provided that such training and exam-
    14  ination requirements shall not result in code enforcement personnel that
    15  have otherwise completed the  minimum  basic  training  requirements  in
    16  order  to  be eligible for continued employment or permanent appointment
    17  as of the effective date of [the] chapter four  hundred  sixty-eight  of
    18  the  laws  of  two thousand seventeen [that amended this paragraph] from
    19  being ineligible without further training  or  examination  for  certif-
    20  ication pursuant to paragraph (d) of this subdivision;
    21    (d)  Issuance  of  a  code  enforcement  officer certification when an
    22  applicant satisfies the requirement set forth in paragraph (c)  of  this
    23  subdivision;
    24    (e) Revocation or suspension of the certification of any code enforce-
    25  ment personnel found after a hearing to have materially failed to uphold
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        S. 7291--A                          2
     1  duties  of  a  code  enforcement  officer, including but not limited to,
     2  making material errors or omissions on an inspection report. The hearing
     3  required prior to such revocation or suspension shall provide  the  code
     4  enforcement  officer  the opportunity to be heard and shall be conducted
     5  pursuant to article three of the state administrative procedure act;
     6    (f) Minimum qualifications for instructors for approved code  enforce-
     7  ment training programs for code enforcement personnel;
     8    (g)  The requirements of minimum basic training which code enforcement
     9  personnel shall complete in order to be eligible for  continued  employ-
    10  ment  or  permanent  appointment,  and  the time within which such basic
    11  training must be completed following such appointment, provided however,
    12  that absent a written extension from the secretary  of  state  for  good
    13  cause  shown, the minimum basic training requirements shall be completed
    14  within ninety days from the date  of  appointment  for  building  safety
    15  instructors  and within six months from the date of appointment for code
    16  enforcement officials;
    17    (h) The requirements for  in-service  training  programs  designed  to
    18  assist  code  enforcement  personnel  in  maintaining  skills  and being
    19  informed of technological advances which shall  include  (i)  an  annual
    20  minimum  of  ten  hours  for  building safety instructors and twenty-six
    21  hours for code enforcement officials, and  (ii)  one  hour  of  advanced
    22  in-service  training on a matter determined annually by the secretary of
    23  state relating to changes in law,  advancements  in  construction  tech-
    24  niques, or detection and remediation of common violations of the uniform
    25  code  and/or  energy  code including but not limited to mold, lead paint
    26  abatement and infestations of rodents and other pests;
    27    (i) Categories or  classifications  of  advanced  in-service  training
    28  programs  and  minimum courses of study and attendance requirements with
    29  respect to such categories or classifications;
    30    (j) The prohibition of continued employment of an individual  as  code
    31  enforcement personnel whose certification has been suspended or revoked,
    32  unless  such  individual  has received an extension to achieve an active
    33  certification by the secretary of state upon a showing  of  good  cause.
    34  Where such suspension or revocation is the result of failure to complete
    35  in-service  training  pursuant to paragraph (h) of this subdivision, any
    36  adverse employment  action  shall  be  based  on  negligent  failure  to
    37  complete  the required hours. Nothing in this section shall be deemed to
    38  diminish the rights, privileges, or remedies of any applicant or current
    39  or former employee under any  other  law  or  regulation  or  under  any
    40  collective bargaining agreement or employment contract; and
    41    (k)  Exemptions from particular provisions of this article in the case
    42  of any county, city, town, or village if in the opinion of the secretary
    43  of state the standards of  code  enforcement  training  established  and
    44  maintained by such county, city, town, or village are equal to or higher
    45  than  those established pursuant to this article; or revocation in whole
    46  or in part of such exemption, if in his or her opinion the standards  of
    47  code  enforcement  training  established  and maintained by such county,
    48  city, town, or village are lower than those established pursuant to this
    49  article[;].
    50    § 2. This act shall take effect on the one hundred twentieth day after
    51  it shall have become a law. Effective immediately, the addition,  amend-
    52  ment and/or repeal of any rule or regulation necessary for the implemen-
    53  tation  of  this act on its effective date are authorized to be made and
    54  completed on or before such date.
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