Sec. 1208-1.2. Definitions

In this Part, the following terms shall have the following meanings, unless a different meaning is clearly required by the context:

(a) Adjunct instructor means a person certified pursuant to this Part as qualified to teach or present one or more specified in-service training courses.

(b) Building safety inspector means a person who performs fire safety and property maintenance inspections on existing buildings.

(c) Certified building safety inspector means a person who has been certified pursuant to this Part as having successfully completed the applicable basic training program described in section 1208-3.2(b) of this Part and whose certification has not been revoked or become inactive.

(d) Certified code enforcement official means a person who has been certified pursuant to this Part as having successfully completed the applicable basic training program described in section 1208-3.2(c) of this Part and whose certification has not been revoked or become inactive.

(e) Code enforcement official means a person who performs any enforcement activity.

(f) Department means the Department of State.

(g) Energy Code means the New York State Energy Conservation Construction Code promulgated pursuant to article 11 of the Energy Law.

(h) Enforcement activity means any activity related to administration and/or enforcement of the Uniform Code and/or the Energy Code, excluding purely ministerial acts (such as signing permits, certificates of occupancy, orders, appearance tickets, or similar documents in reliance on reviews, approvals and/or inspections performed by other persons) and secretarial and other clerical activities. Special inspections as defined in the Uniform Code are not considered an enforcement activity. There are two levels of enforcement activities: building safety inspector and code enforcement official:

(1) Building safety inspector enforcement activities include:

(i) fire safety and/or property maintenance inspections of existing buildings and structures.

(2) Code enforcement official enforcement activities include:

(i) building safety inspector enforcement activities;

(ii) review and/or approval of plans incidental to the issuance of a permit for the construction or alteration of buildings and structures;

(iii) construction inspections performed during and/or upon completion of the construction or alteration of buildings and structures; and

(iv) any other enforcement activity that is not also a building safety inspector enforcement activity.

(i) Instructor means a person certified pursuant to this Part as qualified to teach or present training courses.

(j) Local government means a village, town (outside the area of any incorporated village) or city.

(k) Online training course means a training course in which at least one student is not physically present at the place of the course presentation, but participates at a remote location by viewing, hearing, and interacting with the course presentation by internet transmission, webinar, teleconference, or other similar means.

(l) Part 426 means Part 426 of this Title.

(m) Part 434 means the former Part 434 of this Title.

(n) Person means an individual.

(o) Professional development electives means training courses that are not included within the descriptions set forth in section 1208-3.3(a)(1), (2) and (3) of this Part, but whose subject matter advances the professional development of an individual code enforcement official or building safety inspector. Professional development electives include, but are not limited to, classes in the following topics: zoning, planning, ethics, management, communications, hazards, writing skills, time management, records management, media relations and other topics that contribute to the professional development of a code enforcement official or building safety inspector as determined by the secretary.

(p) Registry number means a number assigned by the secretary to a person who has been certified as a certified building safety inspector or as a certified code enforcement official.

(q) Remote participant means a student who participates in an online training course at a remote location.

(r) Secretary means the Secretary of State.

(s) Standard instructor means a person certified pursuant to this Part as qualified to teach or present one or more specified basic training courses.

(t) Student means a person who attends or participates in a training course. The term includes any person who attends a training course, without regard to whether such person is or is not employed as a building safety inspector or as a code enforcement official when he or she attends the training course, and without regard to amount of such person's experience (if any) as a building safety inspector or as a code enforcement official when he or she attends the training course.

(u) Successfully complete means:

(1) with respect to a basic training program:

(i) attend and participate (in person or, in the case of an online training course, remotely) in all class sessions in all basic training courses included in the basic training program; and

(ii) achieve a passing score on each examination; and

(2) with respect to any in-service training course or advanced in-service training course:

(i) attend and participate (in person or, in the case on an online training course, remotely) in all class sessions; and

(ii) achieve a passing score on each examination, if required.

(v) Training course means a course providing instruction in a topic specified in section 1208-3.2 or section 1208-3.3 of this Part or in a statement issued by the secretary pursuant to section 1208-3.4(b) of this Part. There are three types of training courses: basic training courses, in-service training courses, and advanced in-service training courses.

(w) Training course provider means the person or entity having overall responsibility for presenting a training course.

(x) Uniform Code means the New York State Uniform Fire Prevention and Building Code promulgated pursuant to article 18 of the Executive Law.