N.Y. Comp. Codes R. & Regs. tit. 19 § 1208-3.5

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

Section 1208-3.5 - Inactive status of certification of building safety inspectors and code enforcement officials

(a) Inactive certification status for failure to satisfy in-service training requirement or advanced in-service training requirement. 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 Part 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 subdivision (b) of section 1208-3.4 of this Part.

(1) Adjustments and/or conditions to in-service training requirement or advanced in-service training requirement. The Secretary may grant an adjustment and/or conditions to an in-service training requirement specified in section 1208-3.3 of this Part or to an advanced in-service training requirement declared pursuant to section 1208-3.4 of this Part provided that the certified building safety inspector or certified code enforcement official documents his or her request for adjustment and/or conditions with a showing of good cause and in the judgment of the Secretary the certified building safety inspector or certified code enforcement official would be unable to comply with the in-service training requirement or advanced in-service training requirement in a timely manner. Adjustment to an in-service training requirement or to an advanced in-service training requirement may be granted for reasons of health certified by an appropriate health care professional, for extended active duty with the armed forces of the United States, or for other good cause acceptable to the Secretary.

(b) Revocations based on failure to complete training requirement properly.

(1) The secretary may revoke a certified building safety inspector's certification or a certified code enforcement official's certification if the secretary determines, after notice and an opportunity to be heard, that such certified building safety inspector or certified code enforcement official:

(i) did not actually attend and participate (in person or, in the case of an online training course, remotely) in any class session in any required basic training course, in-service training course, or advanced in-service training course; or

(ii) achieved a passing grade on the examination in any required basic training course, in-service training course, or advanced in-service training course by fraudulent or dishonest means.

(2) The provisions of this section are in addition to, and not in substitution for or limitation of, the provisions of Subpart 1208-6.

(c) Change in status for individuals with inactive certification status of less than three consecutive years. 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 subdivision (b) or (c) of section 1208-3.3o f this Part, as applicable, for the current calendar year.

(d) Change in status for individuals with an inactive certification status for three or more consecutive years.

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 section 1208-3.2(d) of this Subpart. 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.

(e) Re-certification after revocation.

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 section 1208-3.2(d) of this Subpart. The procedures outlined in section 1208-5.5 of this Part may not be utilized to obtain re-certification after revocation. 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.

(f) An individual whose certification has been classified as inactive or revoked pursuant to this section shall not be permitted to perform any building safety inspector enforcement activities or any code enforcement official enforcement activities until and unless such individual has satisfied the reclassification or recertification requirements of this section. Pursuant to Executive Law section 376-a(2)(j), 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.

N.Y. Comp. Codes R. & Regs. Tit. 19 § 1208-3.5

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

Amended New York State Register August 22, 2018/Volume XL, Issue 34, eff.8/22/2018

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