N.Y. Comp. Codes R. & Regs. tit. 19 § 1208-2.2

Current through Register Vol. 46, No. 25, June 18, 2024

Section 1208-2.2 - Minimum standards for local governments, counties and State agencies

(a) General. 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 section 1208-3.1, 1208-5.4, or 1208-5.5 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.

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

(1) A person who has successfully completed at least one-third of the required building safety inspector basic training program described in section 1208-3.2(b) of this Part may, during such person's basic training period (as that term is defined in paragraph (3) of this subdivision), perform building safety inspector enforcement activities on behalf of the local government, county, or State agency by which such person is employed, provided that:

(i) such local government, county, or State agency designates such person to perform building safety inspector enforcement activities on behalf of such local government, county, or State agency; and

(ii) such person is progressing toward completion of the building safety inspector basic training program at a rate which, in the judgment of the local government, county, or State agency by which such person is employed, will assure that such person will complete such program within such person's basic training period.

If such person fails to complete the building safety inspector basic training program within their basic training period, they shall not be permitted to perform any building safety inspector enforcement activities until and unless an extension is granted pursuant to section 1208-3.2(d) of this Part.

(2) A person who has successfully completed at least one-sixth of the required code enforcement official basic training program described in section 1208-3.2(c) of this Part may, during such person's basic training period (as that term is defined in paragraph (3) of this subdivision), perform building safety inspector enforcement activities on behalf of the local government, county, or State agency by which such person is employed; and a person who has completed at least two-thirds of the required code enforcement official basic training program described in section 1208-3.2(c) of this Part may, during the such person's basic training period (as that term is defined in paragraph (3) of this subdivision), perform code enforcement official enforcement activities on behalf of the local government, county, or State agency by which such person is employed, provided that:

(i) such local government, county, or State agency designates such person to perform code enforcement official enforcement activities on behalf of such local government, county, or State agency; and

(ii) such person is progressing toward completion of the code enforcement official basic training program at a rate which, in the judgment of the local government, county, or State agency by which such person is employed, will assure that such person will complete such program within such person's basic training period.

If such person fails to complete the code enforcement official basic training program within their basic training period, they shall not be permitted to perform any code enforcement official enforcement activities or building safety inspector enforcement activities until and unless an extension is granted pursuant to section 1208-3.2(d) of this Part.

(3) For the purposes of paragraphs 1 and 2 of this subdivision, the term basic training period shall mean the period within which a person must complete a basic training course, as determined in accordance with subdivision (d) of section 1208-3.2 of this Part.

(4) If any local government or county establishes and maintains standards of code enforcement training which, in the opinion of the Secretary, are equal to or higher than those established by this Part, the Secretary may exempt building safety inspectors and/or code enforcement officials employed by such local government or county from satisfaction of the training requirements established by this Part, provided that such building safety inspectors and/or code enforcement officials satisfy the basic training requirements and continuing training requirements established by such local government or county. Any such exemption 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. Any such exemption may be revoked by the Secretary, in whole or in part, if, in the opinion of the Secretary, the standards of code enforcement training established and maintained by such local government or county are or become lower than those established by this Part.

(c) Other requirements. 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.

(d) Other minimum standards. 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 Part 1201, Part 1202, Part 1203 and/or Part 1204 of Title 19 of the Official Compilation of Codes, Rules and Regulations of the State of New York.

N.Y. Comp. Codes R. & Regs. Tit. 19 § 1208-2.2

Adopted by New York State Register December 31, 2014/Volume XXXVI, Issue 52, eff. 1/1/2015

Amended New York State Register April 26, 2023/Volume XLV, Issue 17, eff. 4/27/2023

Amended New York State Register May 17, 2023/Volume XLV, Issue 20, eff. 4/27/2023