New York State Assembly

 
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A01310 Summary:

A01310 Actions:

A01310 Committee Votes:

Committee:GOVERNMENTAL OPERATIONS   Chair:Peoples-Stokes      
DATE:03/07/2017AYE/NAY:12/1  Action: Favorable refer to committee Codes        
Peoples-Stokes
Aye
Johns
Aye
Galef
Aye
Goodell
Nay
Benedetto
Aye
Lalor
Aye
Glick
Aye
Byrne
Aye
Kim
Aye
Buchwald
Aye
Bichotte
Aye
Blake
Aye
Hyndman
Aye

Committee:CODES   Chair:Lentol      
DATE:03/13/2017AYE/NAY:20/0  Action: Favorable         
Lentol
Aye
Graf
Aye
Schimminger
Aye
Giglio
Aye
Weinstein
Aye
McKevitt
Aye
Pretlow
Aye
Montesano
Aye
Cook
Aye
Ra
Aye
Cymbrowitz
Aye
Morinello
Aye
Titus
Absent
O'Donnell
Aye
Lavine
Aye
Perry
Aye
Zebrowski
Aye
Abinanti
Aye
Weprin
Aye
Mosley
Aye
Hevesi
Excused
Fahy
Aye

A01310 Floor Votes:

A01310 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          1310
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                    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:

     1    Section  1. Section 376-a of the executive law, as added by section 29
     2  of part B of chapter 56 of the laws of  2010,  is  amended  to  read  as
     3  follows:
     4    §  376-a.  Code  enforcement  training  and  certification. 1. For the
     5  purpose of this section, the term code enforcement personnel shall  mean
     6  a  code  enforcement official certified pursuant to this section charged
     7  with enforcement of the uniform fire prevention and building code or the
     8  state energy conservation construction code.
     9    2. In addition to the functions, powers and duties otherwise  provided
    10  by  this  article, the secretary of state may promulgate rules and regu-
    11  lations with respect to:
    12    (a) The approval, or revocation thereof, of code enforcement  training
    13  programs for code enforcement personnel;
    14    (b)  Minimum  courses of study, attendance requirements, and equipment
    15  and facilities to be required for  approved  code  enforcement  training
    16  programs for code enforcement personnel;
    17    (c)  Minimum training and examination requirements to qualify for code
    18  enforcement officer certification, provided that such training and exam-
    19  ination requirements shall not result in code enforcement personnel that
    20  have otherwise completed the  minimum  basic  training  requirements  in
    21  order  to  be eligible for continued employment or permanent appointment
    22  as of the effective date of the chapter of  the  laws  of  two  thousand
    23  seventeen  that  amended  this  paragraph  from being ineligible without
    24  further training or examination for certification pursuant to  paragraph
    25  (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
 
     1    (d)  Issuance  of  a  code  enforcement  officer certification when an
     2  applicant satisfies the requirement set forth in paragraph (c)  of  this
     3  subdivision;
     4    (e) Revocation or suspension of the certification of any code enforce-
     5  ment personnel found after a hearing to have materially failed to uphold
     6  duties  of  a  code  enforcement  officer, including but not limited to,
     7  making material errors or omissions on an inspection report. The hearing
     8  required prior to such revocation or suspension shall provide  the  code
     9  enforcement  officer  the opportunity to be heard and shall be conducted
    10  pursuant to article three of the state administrative procedure act;
    11    (f) Minimum qualifications for instructors for approved code  enforce-
    12  ment training programs for code enforcement personnel;
    13    [(d)]  (g)  The  requirements  of  minimum  basic  training which code
    14  enforcement personnel shall complete in order to be eligible for contin-
    15  ued employment or permanent appointment, and the time within which  such
    16  basic training must be completed following such appointment;
    17    [(e)]  (h)  The requirements for in-service training programs designed
    18  to assist code enforcement personnel in  maintaining  skills  and  being
    19  informed of technological advances;
    20    [(f)]  (i) Categories or classifications of advanced in-service train-
    21  ing programs and minimum courses of study  and  attendance  requirements
    22  with respect to such categories or classifications;
    23    [(g)] (j) Exemptions from particular provisions of this article in the
    24  case  of  any  county,  city,  town, or village if in the opinion of the
    25  secretary of state the standards of  code  enforcement  training  estab-
    26  lished  and  maintained by such county, city, town, or village are equal
    27  to or higher than those established pursuant to this article; or revoca-
    28  tion in whole or in part of such exemption, if in his or her opinion the
    29  standards of code enforcement training  established  and  maintained  by
    30  such  county,  city,  town,  or village are lower than those established
    31  pursuant to this article;
    32    3. In furtherance of his or her functions, powers and  duties  as  set
    33  forth in this section, the secretary of state may:
    34    (a)  Recommend  studies, surveys and reports to be made by the depart-
    35  ment of state regarding the carrying out of the objectives and  purposes
    36  of this section;
    37    (b)  Visit and inspect any code enforcement training programs approved
    38  by the secretary of state or for which application for such approval has
    39  been made; and
    40    (c) Recommend standards for promotion to supervisory positions.
    41    4. In addition to the functions, powers and duties otherwise  provided
    42  by this section, the secretary of state shall:
    43    (a)  Approve  code  enforcement training programs for code enforcement
    44  personnel and issue certificates  of  approval  to  such  programs,  and
    45  revoke such approval or certificate;
    46    (b)  Certify,  as qualified, instructors for approved code enforcement
    47  training programs for code enforcement personnel and  issue  appropriate
    48  certificates to such instructors;
    49    (c)   Certify  code  enforcement  personnel  who  have  satisfactorily
    50  completed basic training programs and in-service training programs,  and
    51  issue  appropriate  certificates to such code enforcement personnel, and
    52  revoke such certificate;
    53    (d) Investigate  and  conduct  hearings  as  appropriate  relative  to
    54  complaints made against code enforcement personnel;
        A. 1310                             3
 
     1    (e)  Cause  studies  and surveys to be made relating to the establish-
     2  ment, operation, effectiveness and approval of code enforcement training
     3  programs;
     4    [(e)]  (f)  Cause  studies  and  surveys  to  be  made relating to the
     5  completion or partial  completion  of  training  programs  by  video  or
     6  computer to the maximum extent practicable;
     7    [(f)]  (g) Consult with and cooperate with the state university of New
     8  York and private universities, colleges and institutes in the state  for
     9  the  development  of  specialized  courses of study for code enforcement
    10  personnel.
    11    § 2. This act shall take effect on the ninetieth day  after  it  shall
    12  have become a law.