Title 19 Part 1208

In this Part, the following terms shall have the following meanings, unless a different meaning is clearly required by the context:

Professional development electives include, but are not limited to, classes in the following topics: zoning, planning, ethics, management, communications, hazards, writing skills, time management, records management, media relations and other topics that contribute to the professional development of a code enforcement official or building safety inspector as determined by the secretary.

Except as otherwise provided in section 1208-2.2(b) of this Part, no person shall perform any enforcement activity unless such person satisfies the minimum training requirements applicable to such enforcement activity, as specified in this section. There are two levels of enforcement activities: building safety inspector and code enforcement official. If a person performs more than one level of enforcement activity, he or she must satisfy the minimum training requirements applicable to each level of enforcement activity he or she performs.

To satisfy the minimum training requirements for a person who performs building safety inspector enforcement activities, a person must be certified as a building safety inspector pursuant to section 1208-3.1 or section 1208-5.4 of this Part, and must maintain such certification in the manner specified in section 1208-3.1 of this Part.

To satisfy the minimum training requirements for a person who performs code enforcement official enforcement activities, a person must be certified as a code enforcement official pursuant to section 12.08-3.1 or section 1208-5.4 of this Part, and must maintain such certification in the manner specified in section 1208-3.1 of this Part.

This section specifies minimum training requirements for persons who perform enforcement activities. Nothing in this section shall be construed as preventing any local government, county or State agency from imposing more stringent training requirements for its building safety inspectors or code enforcement officials.

Building safety inspectors and code enforcement officials designated by local governments, counties or State agencies for administration and enforcement of the Uniform Code, Energy Code, or portions thereof, shall be certified pursuant to 1208-3.1 or 1208-5.4 of this Part. A local government, county or State agency responsible for administration and enforcement of the Uniform Code and/or the Energy Code shall provide the opportunity for training and certification for the designated building safety inspector and/or code enforcement official pursuant to this Part.

Notwithstanding the provisions of section 1208-2.1 of this Part and subdivision (a) of this section:

If such person fails to complete the building safety inspector basic training program within his or her basic training period, he or she shall not be permitted to perform any building safety inspector enforcement activities until and unless he or she does successfully complete such program.

If such person fails to complete the code enforcement official basic training program within his or her basic training period, he or she shall not be permitted to perform any code enforcement official enforcement activities until and unless he or she does successfully complete such program.

basic training period shall mean the period within which a person must complete a basic training course, as determined in accordance with section 1208-3.2(d) of this Part.

Nothing in this section shall be construed as negating or limiting the applicability of any other law, statute, rule, regulation or ordinance imposing any residency requirement or other requirement or limitation on the hiring of building safety inspectors and/or code enforcement officials.

This section specifies only those minimum standards that relate to training of building safety inspectors and code enforcement officials. Nothing in this section shall be construed as limiting the applicability of any minimum standard set forth in Parts 1201, 1202, 1203 and/or 1204 of this Title.

A person who successfully completes the building safety inspector basic training program described in section 1208-3.2(b) of this Subpart within the time required by subdivision (d) of that section shall be certified as a building safety inspector. To maintain such certification, such person must satisfy the building safety inspector in-service training requirements described in section 1208-3.3(b) of this Subpart and any and all advanced in-service training requirements made applicable pursuant to section 1208-3.4 of this Subpart.

A person who successfully completes the code enforcement official basic training program described in section 1208-3.2(c) of this Subpart within the time required by subdivision (d) of that section shall be certified as a code enforcement official. To maintain such certification, such person must satisfy the code enforcement official in-service training requirements described in section 1208-3.3(c) of this Subpart and any and all advanced in-service training requirements made applicable pursuant to section 1208-3.4 of this Subpart.

A certified building safety inspector may change his or her certification to certified code enforcement official by:

A certified code enforcement official may change his or her certification to building safety inspector by notifying the department that he or she elects to decrease the level of his or her certification. Such notification shall be in writing and shall include the certified code enforcement official's agreement that when the decrease in level of certification becomes effective, he or she will not perform any enforcement activities other than those defined as building safety inspector enforcement activities. Once the notification is received by the department, the status of the individual's certification as a code enforcement official shall be inactive.

A certified code enforcement official who changes his or her certification to certified building safety inspector must thereafter maintain such certification by satisfying the in-service training requirements and advanced in-service training requirements required for certified building safety inspectors.

Except as otherwise provided in section 1208-5.4 of this Part, to obtain certification as a certified building safety inspector or as a certified code enforcement official, a person must complete the applicable basic training program described in subdivision (b) or (c) of this section within the time required by subdivision (d) of this section. Only basic training courses which are:

The department may from time to time designate any basic training course(s) as prerequisite(s) for any other basic training course(s), and if the department makes any such designation, a student will not be permitted to take a basic training course unless such student shall have satisfied all prerequisite requirements applicable to such basic training course.

The building safety inspector basic training program includes at least 60 hours of training in the following topics: Training program overview (1 hour) Historic role of codes (3 hours) New York State regulations (3 hours) Role of New York State in code enforcement practices (1.5 hours) Role of local government in code enforcement practices (2 hours) Legal issues (1.5 hours) Communication and the building safety inspector (l hour) Role of the media (1 hour) Recordkeeping (1 hour) The court system (1 hour) Liability issues (1 hour) Operational permits (1 hour) Review of the code books (2 hours) Property and occupancy classification (3 hours) Type of construction (1 hour) Building area (1 hour) Fire Code administrative issues (1 hour) Fire Code fire safety issues (1.5 hours) Emergency planning and the role of the BSI and CEO in providing post disaster assistance (2 hours) Fire service issues (1.5 hours) Existing building systems (1.5 hours) Existing fire-rated construction (2 hours) Existing interior finishes (1 hour) Existing fire protection systems (4 hours) Existing means of egress (2 hours) Fire safety during construction (1 hour) Occupancy specific issues (2 hours) Tents and membrane structures (1 hour) Hazardous materials (2 hours) Reference standards (4 hours) Property maintenance code (3 hours) Exam (4 hours)

The code enforcement official basic training program includes not less than a total of 120 hours of training, including the 60-hour building safety inspector basic training program described in subdivision (b) of this section and at least an additional 60 hours of training in the following topics: Residential construction: Building planning (2 hours) Energy (2 hours) Foundation and footings (2 hours) Floor assembly (2 hours) Wall assembly (2 hours) Roof assembly (1 hour) Chimney assembly (1.5 hours) Mechanical issues (1.5 hours) Fuel gas issues (1 hour) Plumbing issues (1.5 hours) Electrical issues (2 hours) Plan review (5 hours) Swimming pools (1.5 hours) Existing residential construction (2.5 hours) Exam (2.5 hours) Commercial construction: Energy (2 hours) Mechanical issues (1 hour) Fuel gas issues (1 hour) Plumbing issues (1.5 hours) Design loads (1.5 hours) Structural requirements and documentation (2 hours) Foundation systems (1.5 hours) Building materials (1.5 hours) Wood framing (1.5 hours) Plan review (4 hours) Occupancy and construction area (1.5 hours) Mixed uses (1.5 hours) Fire-rated construction (2 hours) Egress (1.5 hours) Structural issues (1.5 hours) Fire protection issues (2 hours) Exam (2.5 hours)

In general, a person must complete the entire basic training program applicable to such person's proposed level of certification within 18 months of the date on which he or she attended the first training course included in that basic training program. However, a person who is or who becomes employed as a building safety inspector or as a code enforcement official by a local government, county or State agency prior to completion of the applicable basic training program must complete that basic training program within the shorter of:

Failure to complete a basic training program within the time period established in this subdivision shall result in the forfeiture of any and all accrued basic code enforcement training credit. The time period established in this subdivision for the completion of a basic training program may be extended by the secretary for good cause shown. An application for such an extension shall set forth the reason(s) supporting such a grant of an extension. Any such extension shall be in writing, signed by the secretary or the secretary's designee, and shall be subject to such terms and conditions as the secretary may prescribe.

Upon application made by a person participating in a basic training program, the secretary may waive the requirement that such person take anyone or more of the basic training courses included in such basic training program, provided that such person submits proof of having successfully completed a fire or code enforcement training course which, in the opinion of the secretary, is equivalent to the basic training course for which waiver is requested, and which is a course offered by an accredited college, university, professional society, or by the International Code Council, or other state or nationally recognized organization. Upon preliminary approval of an application for waiver, the applicant will be required to take an examination in the basic training course for which waiver is requested. Failure to achieve a passing score on such examination will result in the denial of the waiver.

To maintain certification, a certified building safety inspector or a certified code enforcement official must satisfy the applicable in-service training requirements set forth in this section. In-service training courses shall count towards satisfaction of the in-service training requirement if they are:

To maintain certification, a certified building safety inspector must successfully complete a minimum of six hours of in-service training each calendar year following the calendar year in which he or she received certification as a certified building safety inspector. The in-service training required during each calendar year shall include at least three hours of in-service training in training courses that are included within the descriptions set forth in paragraphs (a)(1), (2), and (3) of this section and address subjects included in the main topic area of code enforcement and administration:

To maintain certification, a certified code enforcement official must successfully complete a minimum of 24 hours of in-service training each calendar year following the calendar year in which he or she received certification as a certified code enforcement official. The in-service training required during each calendar year shall include at least 12 hours of in-service training in training courses that are included within the description set forth in paragraphs (a)(1), (2), and (3) of this section. A minimum of three hours in the main topic area described in subdivision (b) of this section (“Code enforcement and administration”), and at least three hours of training in each of the following additional main topic areas:

Such records shall be retained by the building safety inspector or code enforcement official for at least three years from the date of completion and shall be available for review by the department.

Any statement issued by the secretary pursuant to this subdivision shall be posted on the department's website.

The secretary shall designate a certified building safety inspector's certification or a certified code enforcement official's certification as inactive, if such person fails to satisfy the applicable in-service training requirement specified in section 1208-3.3 of this Subpart during any calendar year or if such person fails to satisfy any applicable advanced in-service training requirement within the time specified in the statement issued by the secretary pursuant to section 1208-3.4(b) of this Subpart.

To be reclassified with active certification as a building safety inspector or as a code enforcement official following an inactive certification status pursuant to subdivision (a) of this section for a period of less than three years, a person must complete the in-service training requirements described in section 1208-3.3(a) or (b) of this Subpart, as applicable, for the current calendar year.

To be reclassified with active certification as a building safety inspector or as a code enforcement official following an inactive certification status pursuant to subdivision (a) of this section for a period of three or more consecutive years, a person must repeat, and successfully complete, the applicable basic training program described in section 1208-3.2 of this Subpart within the time period determined pursuant to subdivision (d) of that section. For the purposes of section 1208-3.2(d) of this Subpart, the applicant will have 18 months from the date the application is received by the department to complete the training. The requirement that the basic training program be repeated may be waived, at the discretion of the secretary, if the person seeking re-certification takes an examination for each basic training course for the desired category of certification and achieves a passing score on each such examination.

To be re-certified as a certified building safety inspector or as a certified code enforcement official following revocation of certification pursuant to subdivision (b) of this section, a person must repeat, and successfully complete, the applicable basic training program described in section 1208-3.2 of this Subpart within the time period determined pursuant to subdivision (d) of that section. For the purposes of subdivision (d) of that section, the applicant will have 18 months from the date the application is received by the department to complete the training. The requirement that the basic training program be repeated may be waived, at the discretion of the secretary, if the person seeking re-certification takes an examination for each basic training course for the desired category of certification and achieves a passing score on each such examination.

There are three types of training courses: basic training courses, in-service training courses, and advanced in-service training courses.

To be certified, a training course must satisfy each of the following requirements:

An application for certification of a training course must be submitted to the department at least eight weeks prior to the date on which the training course is intended to be first presented. The application shall include the following:

Upon approval of a training course, the secretary shall issue a certificate or letter attesting to such approval, and specifying the number of hours of training credit for which the training course has been approved. Such certification shall be subject to such terms and conditions as may be specified in the certificate or letter, and shall expire on the expiration date specified in the certificate or letter unless, in accordance with subdivision (e) of this section, the secretary determines that the certification of the training course should be revoked earlier.

A certification of a training course issued pursuant to this section may be revoked by the secretary if:

This section shall not apply to training courses developed by the department which are taught or presented by employee(s) of the department.

To be certified as a standard instructor, an applicant must satisfy each of the following requirements:

fire service instructor I and fire service instructor II training shall mean successful completion of the courses of study listed in section 426.4(b)(4)(iv) and (vi) of this Title; and

Upon approval of an application for certification as a standard instructor, the secretary shall issue a certificate certifying the applicant as a standard instructor and specifying the training course(s) which the instructor is qualified to teach or present. Such certification shall be subject to such terms and conditions as may be specified in the certificate, and, if not sooner revoked, such certification may be renewed upon the date specified in such certificate if the secretary finds that the instructor still qualifies for certification as a standard instructor. The department may audit courses taught by instructors at any time to ensure continued satisfactory performance.

A certification issued to a standard instructor pursuant to this section may be revoked by the secretary if:

Subdivisions (a) through (c) of this section shall not apply to instructors who are employees of the department. However, no employee of the department shall act as an instructor unless such employee is, in the judgment of the department, capable of teaching or presenting training courses in a manner that will provide appropriate training to persons who are or who wish to become building safety inspectors or code enforcement officials.

To be certified as an adjunct instructor, an applicant must satisfy at least one of the following requirements:

Upon approval of an application for certification as an adjunct instructor, the secretary shall issue a certificate or letter certifying the applicant as an adjunct instructor and specifying the training course which the adjunct instructor is certified to teach or present. Such certification or letter shall be subject to such terms and conditions as may be specified, and, if not sooner revoked, such certification may be renewed on the date specified in such certificate if the secretary finds that the instructor still qualifies for certification as an adjunct instructor.

A certification issued to an adjunct instructor pursuant to this section may be revoked by the secretary if the secretary determines, after notice and an opportunity to be heard, that the application for certification of the adjunct instructor contains any false or misleading statement, or that the instructor has demonstrated incompetency or untrustworthiness. The department may audit courses taught by adjunct instructors at any time to ensure satisfactory performance.

Subdivisions (a) through (c) of this section shall not apply to adjunct instructors who are employees of the department. However, no employee of the department shall act as an adjunct instructor unless such employee is, in the judgment of the department, capable of teaching or presenting training courses in a manner that will provide appropriate training to persons who are or who wish to become building safety inspectors or code enforcement officials.

An application made under any provision of this Part for approval, certification, waiver, exemption or extension shall be in writing, shall be submitted to the department on a form provided by or otherwise acceptable to the department, and shall include or be accompanied by information and documentation establishing to the satisfaction of the secretary that the applicant satisfies the respective criteria applicable to the type of application submitted.

The department shall maintain a list of certified building safety inspectors and certified code enforcement officials, and may post such list on the department's website. Such list may include the name of each certified building safety inspector and certified code enforcement official, his or her level of certification, and, if applicable, the local government, county, or State agency that employs such certified building safety inspector or certified code enforcement official, together with such other information as the department may determine to be relevant. The secretary may omit from such website list any certified building safety inspector or certified code enforcement official who has failed to maintain his or her certification in the manner specified in this Part, or whose certification has been designated as inactive or has been revoked.

This Part shall take effect on January 1,2015. Thereafter, the provisions of this Part shall supersede any and all inconsistent provisions of Part 426 of this Title.

Section 376-a of the Executive Law was amended by chapter 468 of the Laws of 2017. The amendments included the addition of new provisions that authorize the secretary to promulgate rules and regulations with respect to the 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. This Subpart implements those new provisions.

In this Subpart, the term authority having jurisdiction shall mean any city, town, village, county, State agency, or other governmental unit or agency charged with or otherwise accountable or responsible for administration and enforcement of the Uniform Code and/or Energy Code.

The department shall notify the building safety inspector or code enforcement official who was the subject of the investigation and each authority having jurisdiction that employs or otherwise uses the services of such building safety inspector or code enforcement official of the department’s determination.

The department may refer the question of whether a building safety inspector or code enforcement official did or did not materially fail to uphold his or her code enforcement duties to the department’s Office of Administrative Hearings. Upon such referral, an Administrative Law Judge in the Office of Administrative Hearings shall conduct a hearing and shall render a decision in writing.

The hearing shall be conducted in accordance with the provisions of article 3 of the State Administrative Procedure Act and Part 400 of this Title that are applicable to proceedings to suspend or revoke a license. For that purpose, in any provision of article 3 of the State Administrative Act or Part 400 of this Title (including but not necessarily limited to section 400.4[a] of this Title) that is applicable to proceedings to suspend or revoke a license, the term license shall be deemed to include a certification as a building safety inspector or code enforcement official issued pursuant to any provision of this Part. However, nothing in this section or elsewhere in this Part shall be construed as categorizing any certification issued pursuant to this Part as a license for the purposes of any provision of the State Administrative Procedure Act or Part 400 of this Title (including but not necessarily limited to section 400.4[b] and section 400.13[b] of this Title) that is applicable to a determination to deny an application for a license or for renewal of a license.

The decision shall include findings of fact and conclusions of law or reasons for the decision, determination, or order. If the Administrative Law Judge finds that the building safety inspector or code enforcement official did materially fail to uphold his or her code enforcement duties, the Administrative Law Judge shall:

Each person who has performed or hereafter performs any enforcement activity on behalf of any authority having jurisdiction shall be deemed to have consented to:

Section 1208-2.2(b)(1), (2), and (4) of this Part authorize certain persons who have not satisfied the training requirements specified in this Part to perform certain enforcement activities, subject to the terms and conditions specified in those sections. For the purposes of this Subpart, any authority to perform enforcement activities given to a person under section 1208-2.2(b)(1), (2), or (4) of this Part shall be deemed to be a certification. If a person having such authority materially fails to uphold his or her code enforcement duties, such authority shall be subject to suspension or revocation pursuant to this Subpart.

If a person whose certification has been designated as inactive pursuant to section 1208-3.5 of this Part materially fails to uphold his or her code enforcement duties, whether before or after such designation, such person’s certification shall be subject to suspension or revocation pursuant to this Subpart. However:

certified building safety inspector and certified code enforcement official , and a person whose certification has been designated as inactive is not a certified building safety inspector (as defined in section 1208-1.2[c] of this Part) or a certified building safety inspector (as defined in section 1208-1.2[d] of this Part); and

The provisions of this Subpart are in addition to, and not in substitution for or limitation of, the provisions of section 1208-3.5(b) of this Part.