19 CRR-NY 1208-3.5NY-CRR
STATE COMPILATION OF CODES, RULES AND REGULATIONS OF THE STATE OF NEW YORK
TITLE 19. DEPARTMENT OF STATE
CHAPTER XXXII. DIVISION OF CODE ENFORCEMENT AND ADMINISTRATION
PART 1208. MINIMUM STANDARDS FOR CODE ENFORCEMENT TRAINING IN THE STATE OF NEW YORK
SUBPART 1208-3. CERTIFICATION OF BUILDING SAFETY INSPECTORS AND CODE ENFORCEMENT OFFICIALS
19 CRR-NY 1208-3.5
19 CRR-NY 1208-3.5
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 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.
(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 Subpart or to an advanced in-service training requirement declared pursuant to section 1208-3.4 of this Subpart 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 of this Part.
(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 section 1208-3.3(a) or (b) of this Subpart, 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 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.
(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 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.
19 CRR-NY 1208-3.5
Current through October 31, 2021
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IMPORTANT NOTE REGARDING CONTENT CURRENCY: The "Current through" date indicated immediately above is the date of the most recently produced official NYCRR supplement covering this rule section. For later updates to this section, if any, please: consult editions of the NYS Register published after this date; or contact the NYS Department of State Division of Administrative Rules at [email protected]. See Help for additional information on the currency of this unofficial version of NYS Rules.