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History
- Committed to rules
- Amended on third reading (t) 7746a
- Advanced to third reading
- 2nd report cal.
- 1st report cal.1357
- Referred to housing, construction and community development
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Establishes a process for the revocation of a code enforcement officer's certificate
In Senate Committee · Rules · Sponsor Kenneth Zebrowski
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
Title of bill
An act to amend the executive law, in relation to code enforcement officer's training and certificate
Purpose of the bill
The purpose of this bill is to provide the Department of State with a process to revoke a code enforcement officer's certification for misconduct.
Summary of provisions
Section one of the bill amends section 376-a of the executive law as it relates to authorizing the Secretary of State to establish minimum training and examination requirements for a code enforcement officer certificate. The Secretary would have the power to issue and revoke a code enforcement officer's certification on grounds of misconduct following a hearing.
Section two of the bill relates to the effective date.
Justification
The Department of State issues code enforcement certifications for individuals who have completed training on the uniform code. This certification demonstrates that an individual is qualified to enforce the building and fire codes for local governments.
Although the Department of State issues the certifications, the Department only has the authority to revoke the certification if the official failed to complete the training. There was an incident in Rockland where a fire inspector was cited by the State Education Department for failing to note serious violations at several non-public schools during the course of an annual fire inspection.
The alleged misconduct by the fire inspector is not grounds for revocation of their code enforcement certification. Unfortunately, the Department of State does not have the authority to revoke an individual's certificates even if allegations of serious misconduct are proven. This bill empowers the Secretary of State to develop a process to revoke a code enforcement official's certification if, after a hearing, they are found to have failed to uphold the duties of a code enforcement officer including but not limited to making material errors or omissions on an inspection report. This will provide the Department with the necessary authority to ensure that the integrity of the code enforcement certification is upheld.
Prior legislative history
New Bill.
Fiscal implications for state
None.
Effective date
This act shall take effect on the ninetieth day after it shall have become law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.