This rule will repeal 19 NYCRR Part 434, 19 NYCRR Part 435 and 19 NYCRR Part 1208. A new Part 1208 will be added to Title 19 of the Official Compilation of Codes, Rules, and Regulations of the State of New York to establish requirements for the training of code enforcement personnel that conform to the directives of Executive Law § 376-a.

Section 1208-1.1 of Part 1208 provides an introduction to the regulation and identifies its purpose as the promulgation of requirements relating to the training of code enforcement personnel who work for local governments, counties or State agencies that administer and enforce the Uniform Code and/or the State Energy Conservation Construction Code (“Energy Code”), and provides for a certification of such code enforcement personnel, the individual courses included as part of the training, and the instructors who teach such courses. Section 1208-1.2 sets forth definitions for certain terms used in the text of the regulation.

Section 1208-2.1 establishes the minimum training requirements for building safety inspectors and code cnforcement officials who perform enforcement activities. In addition, the section provides that local governments, counties or State agencies that employ building safety inspectors or code enforcement officials may impose more stringent training requirements for such staff.

Section 1208-2.2 identifies the duties relating to code enforcement training of local governments, counties and State Agencies responsible for administration and enforcement of the Uniform Code and/or the Energy Code. The section requires certification of building safety inspectors and code enforcement officials designated by local governments, counties or State agencies for administration and enforcement of all or a portion of the Uniform Code and Energy Code.

Section 1208-3.1 establishes the specific requirements for certification as a building safety inspector and code enforcement official. To maintain such certification, such person must satisfy the required in-service training established in the regulation. Additionally, this section addresses the requirements for a change in the level of certification of building safety inspector and code enforcement official.

Section 1208-3.2 establishes the requirements for the basic training programs required for certification as a building safety inspector and code enforcement official. The section specifies the required training hours, the topics that need to be addressed, and the time within which each basic training program must be completed. Additionally, the section specifies the allowance and requirements for filing for a waiver for one or more of the basic training courses.

Section 1208-3.3 establishes the requirements for in-service training. To maintain certification, a certified building safety inspector or a certified code enforcement official must satisfy the applicable in-service training requirements set forth in this section. A certified building safety inspector must successfully complete a minimum of 6 hours of in-service training during each calendar year. A certified code enforcement official must successfully complete a minimum of 24 hours of in-service training each calendar year. This section specifies the topic areas and minimum hours that need to be included in the annual in-service training for both building safety inspectors and code enforcement officials. Additionally, a specified number of training hours can be met through online learning and professional development electives. This section addresses the specific course requirements, adequate documentation, and reporting requirements associated with these alternative learning options.

Section 1208-3.4 establishes the requirements for advanced in-service training. The Secretary may from time to time require a certified building safety inspector or a certified code enforcement official to receive advanced in-service training relating to amendments, revisions, or additions to the Uniform Code and/or the Energy Code; other changes in law; development in construction technologies or techniques; or other matters which, in the opinion of the Secretary, warrant specific training. Additionally, this section provides that each hour of advanced in-service training successfully completed by a certified building safety inspector or a certified code enforcement official shall count toward satisfaction of his or her in-service training requirement for the calendar year in which such advanced in-service training is received.

Section 1208-3.5 establishes when the status of certification of a building safety inspector or a code enforcement official may be designated as inactive or be revoked. The Secretary shall designate certification of a certified building safety inspector or a certified code enforcement official as inactive, if such person fails to satisfy the applicable in-service training requirement during any calendar year or if such person fails to satisfy any applicable advanced in-service training requirement within the time specified by the Secretary. This section establishes that an adjustment and/or conditions to the inactive status, may be made by the Secretary, provided that the certified building safety inspector or certified code enforcement official documents good cause and circumstances make it impossible for the certified building safety inspector or certified code enforcement official to comply with the in-service training requirement or advanced in-service training requirement in a timely manner. Additionally, this section establishes the procedures and requirements for returning to “active” status after a certification has been designated as inactive or been revoked.

Section 1208-4.1 establishes the requirements for the certification of training courses. This section establishes minimum requirements, procedures, documentation and applications required for certifying training courses by the Department. Additionally, the section provides for revocation of certifications, specifying the reasons and procedures for a revocation by the Secretary.

Section 1208-4.2 establishes the requirements for the certification of standard instructors. This section establishes minimum requirements, procedures, documentation and applications required for certifying standard instructors by the Department. Additionally, the section provides for revocation of a certification, specifying the reasons and procedures for any such revocation.

Section 1208-4.3 establishes the requirements for the certification of adjunct instructors. This section establishes minimum requirements, procedures and documentation required for certifying adjunct instructors by the Department. Additionally, the section provides for revocation of a certification, specifying the reasons and procedures for any such revocation.

Section 1208-5.1 establishes requirements for any application made under this Part for approval, certification, waiver, exemption or extension. Such applications shall be in writing and include information and documentation establishing that the applicant satisfies the required criteria.

Section 1208-5.2 provides that the Department shall maintain a list of certified building safety inspectors and certified code enforcement officials, and may post such list on the Department’s website. Additionally, this section provides that the Department may omit from such website list any certified building safety inspector or certified code enforcement official who has failed to complete required in-service or advanced in-service training or whose certification has been designated inactive or been revoked.

Section 1208-5.3 establishes the effective date of the regulation as January 1, 2015. Additionally, this section states that this Part shall supersede any and all inconsistent provisions of 19 NYCRR Part 426.

Section 1208-5.4 establishes transitional provisions for persons holding a certification issued pursuant to former 19 NYCRR Part 434 for code enforcement official, code compliance technician, standard instructor or adjunct instructor.

A copy of the rule text is posted on the Department of State’s website and is available by clicking the “draft text” link or the “full text of Draft Rule” link on the following web page: http://www.dos.ny.gov/DCEA/noticadopt.html.

1. STATUTORY AUTHORITY:

Section 381 of the Executive Law authorizes the Secretary of State to promulgate rules and regulations prescribing minimum standards for administration and enforcement of the Uniform Fire Prevention and Building Code (the Uniform Code) and the State Energy Conservation Construction Code (the Energy Code). This Part includes that portion of the rules and regulations promulgated pursuant to Section 381 of the Executive Law that relates to the qualifications of code enforcement personnel who work for local governments, counties or State agencies that administer and enforce the Uniform Code and/or Energy Code and provides for such staff to be certified pursuant to the statute.

Section 376-a of the Executive Law authorizes the Secretary of State to promulgate rules and regulations relating to training of personnel charged with enforcement of the Uniform Code and/or the Energy Code, including, but not limited to, rules and regulations relating to code enforcement training programs for such code enforcement personnel; the minimum courses of study, attendance requirements, and equipment and facilities required for such code enforcement training programs; the qualifications for instructors for such code enforcement training programs; requirements of minimum basic training which code enforcement personnel must complete in order to be eligible for continued employment or permanent appointment and the time within which such basic training must be completed; and requirements for in-service training programs and advanced in-service training programs for code enforcement personnel. The proposed rule addresses the various components of code enforcement training identified in Executive Law section 376-a.

2. LEGISLATIVE OBJECTIVES:

This rule will further the legislative objective of ensuring that administration and enforcement of the Uniform Code be conducted in a manner that satisfies the minimum standards established by the rules and regulations promulgated by the Secretary of State pursuant to Executive Law section 381 and section 376-a. Parts 434 and 435 of Title 19 of the Official Compilation of Codes, Rules, and Regulations of the State of New York (“Part 434” and “Part 435”) currently provide standards for training applicable to code enforcement personnel in the State of New York. Part 1208 of Title 19 of the Official Compilation of Codes, Rules, and Regulations of the State of New York (“Part 1208”) establishes that code enforcement personnel who are charged with enforcement of the Uniform Code are required to comply with the standards established by Part 434.. However, Parts 434, 435 and 1208 do not include all of the features which are now directed to be included by the Executive Law. This rule would repeal Part 434, Part 435 and Part 1208 and would add a new 19 NYCRR Part 1208 to make the features of the DOS code education program substantially improved, and ensure that the administration and enforcement of the Uniform Code and the education of code enforcement personnel will be conducted in a manner that satisfies the directives of Executive Law sections 381 and 376-a.

3. NEEDS AND BENEFITS:

The purpose of the proposed rule is to establish uniform minimum training standards designed to increase the level of competency and reliability of code enforcement personnel, to improve and expand the professional training available to such personnel, to encourage the active participation of local governments in the code enforcement training standards process, and to develop training criteria that will enhance each local government's ability to protect the lives and property of its citizens from improper construction, fire and other related hazards.

Due to reorganization of the Department of State, the State Fire Administrator now resides within the Division of Homeland and Security; therefore changes to Department of State regulations are necessary. The statutory responsibility for promulgating and maintaining code enforcement personnel training now resides with the Secretary of State. Revised regulations need to incorporate these changes. A proposed new rule was developed that would best serve the interests of the code enforcement community. In drafting the proposed rule, the Department of State established a Code Enforcement Training Work Group. This work group consisted of representatives from: New York State Building Officials Conference, New York State Association of Fire Chiefs, New York State Association of Fire Districts, New York State Fire Marshals and Inspectors Association, Firemen’s Association of the State of New York, Municipal Code Enforcement and Municipal Fire Departments. The group considered the existing provisions, as well as, recommending provisions that best serve their represented and regulated parties.

The current regulations (Part 434 and Part 1208) do not include all of the features which should be included in a code enforcement personnel training program and have some inconsistencies. This rule would repeal Parts 434 and 1208 and adopt a new Part 1208 to make the features of the DOS code education program substantially improved to ensure that administration and enforcement of the Uniform Code and education of code enforcement personnel will be conducted in a manner that satisfies the minimum standards for administration and enforcement of the Uniform Code by local governments, counties, and State agencies established by the Secretary of State pursuant to Executive Law section 381.

The proposed rule corrects existing inconsistencies, provides further clarification on existing requirements and includes expanded training requirements on the Energy Code. The proposed rule will establish basic training programs for code enforcement personnel; establish annual in-service training requirements and advanced in-service training requirements for code enforcement personnel; provide for certification of code enforcement personnel who complete the basic training program; require code enforcement personnel to maintain their certification by satisfying the annual in-service training requirements and any advanced in-service training requirements; provide for revocation and inactive status of code enforcement personnel certifications; and provide approval and certification of training courses, standard instructors and adjunct instructors.

The proposed rule will introduce the concept of two levels of code enforcement personnel certification. Building safety inspector certification will be equivalent to the code compliance technician certification under 19 NYCRR Part 426. Code enforcement official certification will be equivalent to code enforcement official certification under 19 NYCRR Part 434. The proposed rule will establish different basic training programs and different in-service training and advanced in-service training requirements for each level of certification.

The proposed rule provides for advancement in technologies in regards to online training. Existing regulation limits the amount of in-service hours that a code enforcement official can obtain online to 6 hours annually. The proposed rule allows code enforcement personnel to obtain all of the required annual in-service training online. This not only provides flexibility in obtaining annual in-service training for the regulated parties, but also offers the savings of travel expenses associated with traditional instructor led classes.

Among the benefits expected from the adoption of the proposed rulemaking are the added flexibility for a code enforcement personnel to obtain in-service training, considerations in advancement in technologies and additional training opportunities.

4. COSTS:

(a) Costs to Regulated Parties.

Basic and advanced in-service training are currently provided at no cost to regulated parties by the Department of State. In-service training is normally provided on a limited basis by the Department of State at no cost. Regulated parties that are unable to attend these classes have several other options for obtaining their annual in-service training. Many manufacturers and other organizations offer training at no cost. These courses are offered on a limited basis and are limited in the number of hours available. Additional training is offered through local, state and national trade organizations which include monthly meetings and annual conferences. The cost associated with the training varies, but can cost anywhere from $10 per credit hour up to $15 per credit hour. Additionally, the proposed rule allows regulated parties to obtain the 24 hours of annual in-service training through online learning. The current regulations limit online learning to 6 hours annually. The proposed rule will allow regulated parties the flexibility to obtain training without the need for travel expense.

(b) Costs to the Department of State and the State of New York.

Neither the Department of State nor the State of New York will incur any cost in implementing this rule.

(c) Costs to local governments.

In general, though not mandated, local governments have historically absorbed the cost of training for their appointed code enforcement personnel. The new options included in this rule could decrease the cost to local governments.

5. PAPERWORK:

This rule will not impose any new reporting requirements.

6. LOCAL GOVERNMENT MANDATES:

This rule will not impose any new program, service, duty or responsibility upon any county, city, town, village, school district, fire district or other special district.

7. DUPLICATION:

The rule does not duplicate any existing Federal or State requirement.

8. ALTERNATIVES:

The alternative of making no change to Part 434 and Part 1208 was considered. However, due to reorganization of the Department of State, the State Fire Administrator now resides within the Division of Homeland and Security and therefore changes to the existing regulations are necessary. The changes included in the proposed rule include recommendations by a special work group established by the Department of State (“Code Enforcement Training Work Group”), as well as accommodations for the existing business practices of the Department of State. In drafting the proposed rule the Department of State incorporated concepts from both the current regulations and the recommendations from the work group.

9. FEDERAL STANDARDS:

There are no standards of the Federal Government which address the subject matter of the rule.

10. COMPLIANCE SCHEDULE:

It is anticipated that regulated persons will be able to achieve compliance with this rule immediately.

1. EFFECT OF RULE:

This rule making will repeal existing regulations which established minimum standards for the training of local government, county and State agency staff who perform activities associated with administration and enforcement of the Uniform Fire Prevention and Building Code (“Uniform Code”) and the State Energy Conservation Construction Code (“Energy Code”). A new 19 NYCRR Part 1208 will be adopted to establish minimum standards for the training of code enforcement officials in New York State including course work to be completed as part of such training and the qualifications of the instructors teaching such courses. No small businesses will be regulated or affected by the adoption of this rule. Local governments charged with the responsibility of administering and enforcing the Uniform Code and the Energy Code will be required to employ code enforcement personnel who are in compliance with the standards established by the rule.

2. COMPLIANCE REQUIREMENTS:

No reporting or recordkeeping requirements are imposed upon small businesses or local governments by the rule. Local governments subject to the rule will be required to employ appointed code enforcement officials who comply with the rule. This rule making will not change local government’s responsibility for administering and enforcing the Uniform Code. There will be no change in requirements for local governments concerning reporting, recordkeeping, and other compliance requirements, or professional services.

3. PROFESSIONAL SERVICES:

The rule establishes minimum standards and training requirements for code enforcement officials in New York State. No professional services will be required to comply with the rule.

4. COMPLIANCE COSTS:

As small businesses are not subject to the rule, they will not incur any compliance costs. Basic and advanced in-service training required under this rule are provided at no cost by the Department of State. In-service training is normally provided at no cost on a limited basis by the Department of State. Code enforcement officials who are unable to attend these classes have several other options for obtaining their annual in-service training. Many manufacturers and other organizations offer training at no cost on a limited basis. Additional training is offered through local, state and national trade organizations including monthly meetings and annual conferences. The average cost associated with such training varies, but generally varies between $10 per credit hour to $15 per credit hour. In general, though not mandated, local governments have historically absorbed the cost of training for their appointed code enforcement official. New options for obtaining code enforcement training included in this rule could potentially decrease the cost to local governments.

5. ECONOMIC AND TECHNOLOGICAL FEASIBILITY:

As small businesses are not regulated by the rule, the economic and technological feasibility of their compliance with the rule is not a factor. This rule imposes no substantial capital expenditures. No new technology need be developed for compliance with this rule. Consequently, it is economically and technologically feasible for local governments to comply with the rule.

6. MINIMIZING ADVERSE IMPACT:

As small businesses are not subject to provisions of this rule, it will have no adverse economic impact on small businesses. The economic impact of this rule on local governments will be no greater than the economic impact of the rule on other regulated parties. Such economic impact will be limited to any costs for training courses for code enforcement officials which the particular local government may choose to absorb and time away from the job while a code enforcement official attends training. Consequently, the rule cannot be designed to further minimize any economic impact on local governments and the approaches for minimizing adverse economic impact suggested in SAPA § 202-b(1) were not considered as such alternatives would not be appropriate.

7. SMALL BUSINESS AND LOCAL GOVERNMENT PARTICIPATION:

The Department of State (DOS) provided interested parties throughout the State with an early opportunity to participate in the development of this proposed rule by posting a notice on the Department’s website, and publishing a notice in Building New York, an electronic news bulletin covering topics related to the Uniform Code and the construction industry, which is prepared by DOS and currently distributed to over 10,000 subscribers, including local governments, design professionals and others involved in all aspects of the construction industry in all areas of the State.

The Department of State has posted the full text of this rule on the Department’s website.

1. TYPES AND ESTIMATED NUMBERS OF RURAL AREAS:

This rule making will repeal 19 NYCRR Part 434, 19 NYCRR Part 435, and 19 NYCRR Part 1208 and adopt a new Part 1208 to set forth minimum standards for the training of code enforcement officials in New York State. This rule will apply to local governments that enforce the Uniform Code and Energy Code in all rural areas across the State.

2. REPORTING, RECORDKEEPING AND OTHER COMPLIANCE REQUIREMENTS; AND PROFESSIONAL SERVICES:

Code enforcement officials will need to comply with these regulations in order to qualify to enforce the Uniform and Energy Code within a municipality. This rule will not impose any new reporting, recordkeeping or other compliance requirements.

No professional services will be needed in rural areas in order to comply with this rule.

3. COSTS:

Compliance with this rule will not require any initial capital costs. Basic and advanced in-service training required under this rule are provided at no cost to regulated parties by the Department of State. In-service training is normally provided at no cost on a limited basis by the Department of State. Code enforcement officials who are unable to attend these classes have several other options for obtaining annual in-service training. Many manufacturers and other organizations offer training at no cost on a limited basis. Additional training is offered through local, state and national trade organizations including monthly meetings and annual conferences. The average cost associated with the training varies, but generally costs between $10 per credit hour and $15 per credit hour. This rule provides more flexibility in how a regulated party may obtain in-service training. Providing expanded options could potentially decrease costs for regulated parties.

4. MINIMIZING ADVERSE IMPACT:

The economic impact of this rule in rural areas will be no greater than the economic impact of this rule in non rural areas, and the ability of individuals or public or private entities located in rural areas to comply with the requirements of this rule should be no different than the ability to comply in non-rural areas. Therefore, the approaches suggested by SAPA § 202-bb(2) to minimize adverse impacts in rural areas were considered but not utilized in the development of this rule.

5. RURAL AREA PARTICIPATION:

The Department of State provided interested parties throughout the State with an early opportunity to participate in the development of this proposed rule by posting a notice on the Department’s website, and publishing a notice in Building New York, an electronic news bulletin covering topics related to the Uniform Code and the construction industry which is prepared by the Department of State and which is currently distributed to over 10,000 subscribers, including local governments, design professionals and others involved in all aspects of the construction industry in all areas of the State, including rural areas.

The Department of State has posted the full text of this rule on the Department’s website.

The Department of State has concluded, after reviewing the nature and purpose of the rule, that it will not have a substantial adverse impact on jobs and employment opportunities.

A new 19 NYCRR Part 1208 will establish improved minimum standards for training applicable to code enforcement personnel in the State of New York.

Code enforcement officials who enforce the Uniform Fire Prevention and Building Code and the State Energy Conservation Construction Code for a municipality will be required to comply with this regulation. However, regulated parties currently are, or should be, subject to substantially similar obligations under current regulations.

Based on the foregoing, it is anticipated that this rule will have no significant adverse impact on jobs or employment opportunities in the building industry, or in any related businesses or industry.