1. (1) the applicant must have received certification as a certified code enforcement official, and must have maintained such certification by satisfying all applicable in-service training requirements and all applicable advanced in-service training requirements;
2. (2) the applicant's certification as a certified code enforcement official must not be inactive or revoked;
3. (3) the applicant must have successfully completed fire service instructor I and fire service instructor II training or a minimum of three credit hours of equivalent training acceptable to the department (such training to be in addition to, and not part of, the basic training, in-service training and advanced in-service training required for certification as a certified code enforcement official). For the purposes of this paragraph, the successful completion of fire service instructor I and fire service instructor II training shall mean successful completion of the courses of study listed in section 426.4(b)(4)(iv) and (vi) of this Title; and

4. (4) if applicable, the applicant must have the physical capacity to perform instructional duties incidental to the training course(s) the applicant proposes to teach; in addition, the applicant must satisfy at least one of the following requirements:

   1. (i) the applicant must have at least three years of experience as a full-time code enforcement official performing enforcement activities; or
   2. (ii) the applicant must have been awarded an associate's degree (or a higher degree) in building construction or engineering, code administration, or inspection technology from an accredited educational institution and the applicant must have at least one year of experience as a full-time code enforcement official performing enforcement activities; or
   3. (iii) the applicant must be a full-time training, technical, or field representative of the State of New York having duties or expertise specifically related to code enforcement programs;

5. (5) for each training course which the applicant proposes to teach or present, the applicant must complete the qualifying procedure established by the department.

   (b) Certification as a standard instructor.

   Upon approval of an application for certification as a standard instructor, the secretary shall issue a certificate certifying the applicant as a standard instructor and specifying the training course(s) which the instructor is qualified to teach or present. Such certification shall be subject to such terms and conditions as may be specified in the certificate, and, if not sooner revoked, such certification may be renewed upon the date specified in such certificate if the secretary finds that the instructor still qualifies for certification as a standard instructor. The department may audit courses taught by instructors at any time to ensure continued satisfactory performance.

   (c) Revocation of certification as a standard instructor.

   A certification issued to a standard instructor pursuant to this section may be revoked by the secretary if:

6. (1) the instructor fails to maintain certification as a certified code enforcement official, or the instructor's certification as a certified code enforcement official is revoked, is designated as inactive or is reduced to the level of building safety inspector; or

7. (2) the secretary determines, after notice and an opportunity to be heard, that:

   1. (i) the application for certification of the instructor contained any false or misleading statement; or
   2. (ii) the instructor has demonstrated incompetency or untrustworthiness; or

8. (3) the secretary determines as a result of an audit, after notice and an opportunity to be heard, that the instructor fails to demonstrate adequate knowledge or skills to teach or present the training course.

   (d) Employees of the department.

   Subdivisions (a) through (c) of this section shall not apply to instructors who are employees of the department. However, no employee of the department shall act as an instructor unless such employee is, in the judgment of the department, capable of teaching or presenting training courses in a manner that will provide appropriate training to persons who are or who wish to become building safety inspectors or code enforcement officials.

(a) Standards for certification of standard instructors.

To be certified as a standard instructor, an applicant must satisfy each of the following requirements: