N.Y. Comp. Codes R. & Regs. Tit. 19 §§ 1208-6.2

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

Section 1208-6.2 - Suspension or revocation

(a) General. The secretary may suspend or revoke the certification of a building safety inspector or code enforcement official if the administrative law judge conducting a hearing pursuant to section 1208-6.5 of this Subpart finds, after such hearing, that such building safety inspector or code enforcement official has materially failed to uphold his or her code enforcement duties.

(b) Material failure to uphold code enforcement duties - building safety inspector. For the purposes of this Subpart, a building safety inspector shall be deemed to have materially failed to uphold his or her code enforcement duties if he or she:

(1) fails to note one or more serious violations of the Uniform Code on an inspection report relating to a fire safety and/or property maintenance inspection, provided that such violations are of a type that should have been observed by a certified building safety inspector exercising reasonable care in the performance of the inspection;

(2) makes any other material error or omission on an inspection report relating to a fire safety and/or property maintenance inspection, provided that such error or omission is of a type that should not have been made by a certified building safety inspector exercising reasonable care in the performance of the inspection;

(3) demonstrates, by act or omission, willful misconduct, gross negligence, or gross incompetence in the performance of his or her code enforcement activities;

(4) performs any code enforcement activity other than fire safety and/or property maintenance inspections of existing buildings; or

(5) performs any code enforcement activity at a time when his or her certification is inactive or suspended.

For the purposes of paragraphs (1) and (2) of this subdivision, the term "certified building safety inspector" shall have the meaning ascribed to that term by section 1208-1.2(c) of this Part.

(c) Material failure to uphold code enforcement duties - code enforcement official. For the purposes of this Subpart, a code enforcement official shall be deemed to have materially failed to uphold his or her code enforcement duties if he or she:

(1) fails to note one or more serious violations of the Uniform Code and/or Energy Code on an inspection report relating to any type of inspection, provided that such serious violations are of a type that should have been observed by a certified code enforcement official exercising reasonable care in the performance of the inspection;

(2) makes any other material error or omission on an inspection report relating to any type of inspection, provided that such error or omission is of a type that should not have been made by a certified code enforcement official exercising reasonable care in the performance of the inspection;

(3) demonstrates, by act or omission, willful misconduct, gross negligence, or gross incompetence in the performance of his or her code enforcement activities; or

(4) performs any code enforcement activity at a time when his or her certification is inactive or suspended.

For the purposes of paragraphs (1) and (2) of this subdivision, the term "certified code enforcement official" shall have the meaning ascribed to that term by section 1208-1.2(d) of this Part.

(d) Matters not constituting a material failure to uphold code enforcement duties. For the purposes of this Subpart, personnel-related matters such as tardiness, absenteeism, insubordination, rude behavior, and the like shall not be deemed to be a material failure to uphold code enforcement duties.

(e) Effect of suspension or revocation. Notwithstanding the nature of certification pursuant to this Part as an indication of satisfactory completion of specified training requirements, and without regard to the amount of training actually completed by a person whose certification has been suspended or revoked pursuant to this Subpart:

(1) the suspension of such person's certification pursuant to this Subpart shall result in such person being deemed not to be certified during the period of such suspension;

(2) the revocation of such person's certification pursuant to this Subpart shall result in such person being deemed not to be certified at any time on or after the date of such revocation;

(3) such suspension or revocation shall not be shortened or terminated by reason of such person taking or re-taking any basic training, in-service training, advanced in-service training, or other training (provided, however, that if a suspension of a certification is made subject to the condition that the person to whom the certification was issued receive specified training during the period of the suspension, and if such suspension further provides that the period of the suspension will end upon completion of such training, such provisions in such suspension shall be given effect); and

(4) except as may otherwise be provided in the order suspending or revoking such certification, such person shall not receive any new or additional certification, whether as a building safety inspector or a code enforcement official, and such person shall not be permitted to increase or decrease the level of his or her certification pursuant to subdivision (c) or subdivision (d) of section 1208-3.1 of this Part, at any time during the period of such suspension or at any time after such revocation.

N.Y. Comp. Codes R. & Regs. Tit. 19 §§ 1208-6.2

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