NY State Senate Bill 2019-S9109

Senate Bill S9109

2019-2020 Legislative Session

Establishes a program where a municipal department of buildings may accept certain construction documents for code compliance

download bill text pdf

Archive: Last Bill Status - In Senate Committee Rules Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Nov 30, 2020	referred to rules

2019-S9109 (ACTIVE) - Details

Current Committee:: Senate Rules
Law Section:: Executive Law
Laws Affected:: Amd §381, Exec L
Versions Introduced in 2021-2022 Legislative Session:: S1004

2019-S9109 (ACTIVE) - Summary

Establishes a program where a municipal department of buildings may accept construction documents required to be filed in relation to code compliance prior to issuance of a certificate of occupancy with less than a full examination by such municipal department of buildings based on a professional certification of an applicant who is an architect or professional engineer; makes related provisions.

2019-S9109 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S9109

SPONSOR: GAUGHRAN
 
TITLE OF BILL:

An act to amend the executive law, in relation to acceptance by a munic-
ipal building department of professional certification of compliance
with the New York state uniform fire prevention and building code and
the New York state energy conservation construction code

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill directs the Secretary of State to develop a program where a
municipality may accept construction documents needed for the issuance
of a certificate of occupancy, which have been certified by a licensed
professional, without the need for a full examination by the munici-
pality.

 
SUMMARY OF PROVISIONS:

Section 1. Amends Section 381 of the Executive Law by adding a new

section directing the Secretary of State to establish a process whereby
a municipality by accept construction documents needed prior to the
issuance of a certificate of occupancy, which have been certified by a
licensed engineer or architect, without the need for a full review by
the municipality. Any municipal building department opting to partic-
ipate would need to utilize a random audit process to ensure compliance
by the licensed professionals.

Section 2. Provides for an immediate effective date.

 
JUSTIFICATION:

New York City already has a Certificate of Occupancy program that allows
for the certification of construction documents by licensed profes-
sionals without the need for a full review by the municipality.  This
bill would merely extend the option of utilizing a similar program to
other municipalities across the state. In order to ensure the safety of
the general public, this legislation requires any participating munici-
pality to establish a random audit process of certified construction
documents.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None to the State. May serve to decrease costs to local governments that
choose to participate.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2019-S9109 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9109
 
                             I N  S E N A T E
 
                             November 30, 2020
                                ___________
 
 Introduced  by Sen. GAUGHRAN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the executive law, in relation to acceptance by a munic-
   ipal building department of professional certification  of  compliance
   with  the New York state uniform fire prevention and building code and
   the New York state energy conservation construction code

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Paragraphs h and i of subdivision 1 of section 381 of the
 executive law, as added by chapter 560 of the laws of 2010, are  amended
 and a new paragraph j is added to read as follows:
   h.  minimum  basic  training  and in-service training requirements for
 personnel charged with administration and enforcement of the state ener-
 gy conservation construction code; [and]
   i. standards and procedures for measuring the rate of compliance  with
 the  state energy conservation construction code, and provisions requir-
 ing that such rate of compliance be measured on an annual basis[.]; AND
   J. ESTABLISH A PROGRAM WHERE A MUNICIPAL DEPARTMENT OF  BUILDINGS  MAY
 ACCEPT  CONSTRUCTION  DOCUMENTS REQUIRED TO BE FILED IN RELATION TO CODE
 COMPLIANCE PRIOR TO ISSUANCE OF A CERTIFICATE  OF  OCCUPANCY  WITH  LESS
 THAN  FULL EXAMINATION BY THE MUNICIPAL DEPARTMENT OF BUILDINGS BASED ON
 A PROFESSIONAL CERTIFICATION OF AN APPLICATION WHO IS  AN  ARCHITECT  OR
 ENGINEER  REGISTERED WITH THE NEW YORK STATE DEPARTMENT OF EDUCATION AND
 SUCH APPLICANT PROVIDES EVIDENCE OF  INSURANCE  COVERAGE  WITH  REQUIRED
 LIMITS.  SUCH  PROGRAM  SHALL  INCLUDE  A REQUIREMENT THAT THE MUNICIPAL
 DEPARTMENT OF BUILDINGS SHALL AUDIT SUCH SUBMISSIONS ON A RANDOM  BASIS.
 FOR   PURPOSES   OF  SUCH  PROGRAM  AND  THE  CODE,  THE  ACCEPTANCE  OF
 CONSTRUCTION DOCUMENTS, IN ACCORDANCE WITH THIS PROGRAM SHALL  HAVE  THE
 SAME  FORCE  AND  EFFECT AS THE APPROVAL OF CONSTRUCTION DOCUMENTS AFTER
 FULL EXAMINATION BY A MUNICIPAL DEPARTMENT OF  BUILDINGS.  PARTICIPATION
 IN  SUCH  PROGRAM SHALL BE AT THE OPTION OF THE MUNICIPALITY. THE SECRE-
 TARY SHALL PROMULGATE ANY RULES  AND  REGULATIONS  DEEMED  NECESSARY  TO
 CARRY INTO EFFECT THE PROVISIONS OF THIS PARAGRAPH.
   § 2. This act shall take effect on the one hundred twentieth day after
 it shall have become a law.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD17327-01-0

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.