N.Y. Comp. Codes R. & Regs. Tit. 19 §§ 1208-5.5

Current through Register Vol. 46, No. 45, November 2, 2024

Section 1208-5.5 - Nationally Recognized Certification Alternatives

(a) Nationally Recognized Certification Alternatives to Building Safety Inspector Basic Training.

(1) A person may be certified as a certified building safety inspector if they:

(i) possess a current nationally recognized certification approved by the secretary, or their designee, as an equivalent to the basic training program included in section 1208-3.2(b) of this Part; and

(ii) have successfully taken and passed the New York State Code Enforcement Principles and Practice Exam as identified in subdivision (c) of this section.

(2) To maintain certification granted pursuant to this subdivision, the person receiving such certification must satisfy the building safety inspector in-service training requirements described in section 1208-3.3(b) of this Part for each calendar year, starting with the calendar year following the initial approval and continuing every calendar year thereafter, and any and all building safety inspector advanced in-service training requirements made applicable pursuant to section 1208-3.4 of this Part. Maintenance of the approved alternative nationally recognized certification shall not be required for continued certification as a building safety inspector.

(3) The department shall maintain a list of approved nationally recognized certifications which may be amended from time to time as deemed necessary by the secretary or their designee, and any conditions on such approved certifications that may be imposed by the secretary or their designee shall be noted on such list.

(b) Nationally Recognized Certification Alternatives to Code Enforcement Official Basic Training.

(1) A person may be certified as a certified code enforcement official if they:

(i) possess a current nationally recognized certification approved by the secretary, or their designee, as an equivalent to the basic training program included in section 1208-3.2(c) of this Part; and

(ii) have successfully taken and passed the New York State Code Enforcement Principles and Practice Exam as identified in subdivision (c) of this section.

(2) To maintain certification granted pursuant to this subdivision, the person receiving such certification must satisfy the code enforcement official in-service training requirements described in section 1208-3.3(c) of this Part for each calendar year, starting with the calendar year following the initial approval and continuing every calendar year thereafter, and any and all code enforcement official advanced in-service training requirements made applicable pursuant to section 1208-3.4 of this Part. Maintenance of the approved alternative nationally recognized certification shall not be required for continued certification as a code enforcement official.

(3) The department shall maintain a list of approved nationally recognized certifications which may be amended from time to time as deemed necessary by the secretary or their designee, and any conditions on such approved certifications that may be imposed by the secretary or their designee shall be noted on such list.

(c) New York State Code Enforcement Principles and Practice Exam.

(1) Any person seeking to obtain certification as a building safety inspector or a code enforcement official pursuant to this section shall be required to take and pass a New York State Code Enforcement Principles and Practice Exam. Said exam shall be developed by the department and include New York specific administrative, technical, and legal topics.

(2) Applications for the New York State Code Enforcement Principles and Practice Exam shall be in accordance with section 1208-5.1 of this Subpart. Upon receipt of an application and following the department's approval of the application, the person shall be permitted to take the exam. Upon achievement of a passing score on the exam, the department shall issue a certificate of completion for the exam, and such individual shall be certified in accordance with section 1208-3.1(a) or (b) of this Part, as appropriate.

(d) Except where otherwise specifically provided in this Part, any person seeking to obtain certification as a building safety inspector or a code enforcement official pursuant to this section shall not be permitted to perform any enforcement activity until and unless they have obtained their certification from the department.

N.Y. Comp. Codes R. & Regs. Tit. 19 §§ 1208-5.5

Adopted 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