Complaints

The Department of State Division of Building Standards and Codes Oversight Unit is responsible for receiving, reviewing, and investigating complaints that allege (1) a municipality is not administering and enforcing the New York State Uniform Fire Prevention and Building Code (Uniform Code) and/or the State Energy Conservation Construction Code (Energy Code) in accordance with minimum standards and/or (2) a Building Safety Inspector (BSI) or Code Enforcement Official (CEO) has materially failed to uphold their code enforcement duties as they pertain to the enforcement of the Uniform Code and/or Energy Code.

The description of a material failure may vary depending on the certification level of the individual as follows:
 

Building Safety Inspector (BSI)

1. fails to note one or more serious violations of the Uniform Code on an inspection report relating to a fire safety and/or property maintenance inspection, provided that such violations are of a type that should have been observed by a certified building safety inspector exercising reasonable care in the performance of the inspection;
2. makes any other material error or omission on an inspection report relating to a fire safety and/or property maintenance inspection, provided that such error or omission is of a type that should not have been made by a certified building safety inspector exercising reasonable care in the performance of the inspection;
3. demonstrates, by act or omission, willful misconduct, gross negligence, or gross incompetence in the performance of their code enforcement activities;
4. performs any code enforcement activity other than fire safety and/or property maintenance inspections of existing buildings; or
5. performs any code enforcement activity at a time when their certification is inactive or suspended.
    

Code Enforcement Officer (CEO)

1. fails to note one or more serious violations of the Uniform Code and/or Energy Code on an inspection report relating to any type of inspection, provided that such serious violations are of a type that should have been observed by a certified code enforcement official exercising reasonable care in the performance of the inspection;
2. makes any other material error or omission on an inspection report relating to any type of inspection, provided that such error or omission is of a type that should not have been made by a certified code enforcement official exercising reasonable care in the performance of the inspection;
3. demonstrates, by act or omission, willful misconduct, gross negligence, or gross incompetence in the performance of their code enforcement activities; or
4. performs any code enforcement activity at a time when their certification is inactive or suspended.
    

Matters Outside the Scope of the Division's Authority to Review

• Locally regulated items such as, zoning and land-use regulations, zoning boards of appeals procedures; or
• Personnel related items such as, rude behavior, tardiness, absenteeism, insubordination, and similar behaviors.

Before filing a complaint with the Department of State, you should make reasonable attempts to resolve the matter at the local level through discussions with the involved parties as appropriate. Please keep a record of those attempts and copies of any documentation that is exchanged and attach them when filing your complaint.

If you are unsure if your complaint falls within the jurisdiction of the Division of Building Standards and Codes or if you have questions about the complaint process, please feel free to contact the Oversight Unit for assistance. The Oversight Unit may be reached by email at [email protected] or by calling (518) 474 – 4073, option# 6.

To file a complaint against a Code Enforcement Official or a Building Safety Inspector you may utilize the CEO/BSI Complaint Form to allege that a CEO or a BSI has materially failed to uphold their code enforcement duties as a CEO or BSI. (These items are described in 19 NYCRR Section 1208-6.2).
 

CEO/BSI Complaint Form

To file a complaint against an Authority Having Jurisdiction (AHJ) responsible for the administration and enforcement of the Uniform Code and/or Energy Code (i.e. city, town, village, or county) you may utilize the AHJ Complaint Form to allege that the AHJ is failing to administer and enforce the Uniform Code and/or Energy Code in compliance with the minimum standards established by the Department of State’s regulations set forth in 19 NYCRR Part 1203.
 

AHJ Complaint Form

Complainants will be notified their complaint has been received and will include the case number assigned to their complaint. Please reference your case number when corresponding with the Oversight Unit.

Complaints that contain allegations of a material failure will be placed in the queue to be assigned to an investigator in the order they are received. The investigator may contact you to discuss your complaint if necessary. Complaints that contain allegations that are not addressed by the Uniform Code or the Department’s regulations and are therefore outside the scope of the Department’s authority to review will be dismissed without further action by the Department. If your complaint is dismissed, you will receive notification containing an explanation of the reason for the dismissal.