S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7947--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               June 2, 2021
                                ___________
 
 Introduced  by  M.  of  A.  STERN,  GRIFFIN, SILLITTI, K. BROWN, THIELE,
   RAMOS, JEAN-PIERRE -- read once and referred to the Committee on Local
   Governments -- recommitted to the Committee on  Local  Governments  in
   accordance  with Assembly Rule 3, sec. 2 -- committee discharged, bill
   amended, ordered reprinted as amended and recommitted to said  commit-
   tee
 
 AN  ACT  to  amend  the  general  municipal law, in relation to building
   permits; and providing for the repeal of such provisions upon  expira-
   tion thereof
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 125 of the general municipal law, as added by chap-
 ter 439 of the laws of 1998, is amended to read as follows:
   § 125. Issuance of building permits. 1. No city, town or village shall
 issue a building permit without  obtaining  from  the  permit  applicant
 either:
   [1.]  (A)  proof  duly subscribed that workers' compensation insurance
 and  disability  benefits  coverage  issued by an insurance carrier in a
 form satisfactory to the chair of the   workers' compensation  board  as
 provided  for in section fifty-seven of the workers' compensation law is
 effective; or
   [2.] (B) an affidavit that such permit applicant has  not  engaged  an
 employer  or  any employees as those terms are defined in section two of
 the  workers' compensation law to perform work relating to such building
 permit.
   2. (A) NOTWITHSTANDING ANY LAW, RULE OR REGULATION TO THE  CONTRARY  A
 CITY,  TOWN  OR VILLAGE IN A COUNTY WITH A POPULATION OF ONE MILLION TWO
 HUNDRED THOUSAND OR MORE, NOT WHOLLY CONTAINED WITHIN A CITY, MAY ESTAB-
 LISH A PROGRAM WHEREBY A BUILDING PERMIT MAY  BE  ISSUED  BASED  UPON  A
 CERTIFICATION  BY  A  REGISTERED  ARCHITECT  LICENSED TO PRACTICE IN THE
 STATE OF NEW YORK OR A PROFESSIONAL ENGINEER LICENSED TO PRACTICE IN THE

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03826-12-2
              

 A. 7947--A                          2
 
 STATE OF NEW YORK THAT THE INTENDED WORK AS SET FORTH  IN  THE  BUILDING
 PERMIT APPLICATION MEETS THE REQUIREMENTS OF THE UNIFORM FIRE PREVENTION
 AND  BUILDING  CODE, EXCLUDING THE APPROVAL OF FIRE SERVICE FEATURES AND
 COMPLIANCE  WITH  FIRE  PROTECTION AND LIFE SAFETY SYSTEMS AS DEFINED BY
 THE FIRE  CODE  OF  NEW  YORK  STATE,  OR  ANY  MORE  RESTRICTIVE  LOCAL
 PROVISIONS  RELATING  TO  FIRE  SERVICES, FIRE PROTECTION OR LIFE SAFETY
 SYSTEMS.  SUCH PROGRAM SHALL INCLUDE THE FOLLOWING REQUIREMENTS:
   (I) NO LATER THAN FORTY-FIVE  DAYS  AFTER  SUBMISSION  OF  A  BUILDING
 PERMIT  APPLICATION  WITH  A CERTIFICATION AS PROVIDED FOR HEREIN TO THE
 MUNICIPAL BUILDING DEPARTMENT SUCH APPLICATION SHALL BE DEEMED  APPROVED
 UNLESS DENIED;
   (II)  IN THE EVENT OF A DENIAL OF A BUILDING PERMIT APPLICATION WITH A
 CERTIFICATION THE BUILDING DEPARTMENT SHALL SET FORTH  THE  REASONS  FOR
 SUCH DENIAL AND SHALL CITE THE APPLICABLE PROVISIONS OF THE LAW OR REGU-
 LATION UPON WHICH SUCH DENIAL IS PREDICATED; AND
   (III)  A  RANDOM AUDIT OF APPLICATIONS FOR A BUILDING PERMIT TO ENSURE
 COMPLIANCE.  PROVIDED, HOWEVER, A CITY, TOWN, OR VILLAGE ESTABLISHING  A
 PROGRAM  PURSUANT  TO  THIS SECTION SHALL BE PROHIBITED FROM REDUCING OR
 ELIMINATING THE POSITION OF ANY  EMPLOYEE  INVOLVED  WITH  THE  BUILDING
 PERMIT  APPLICATION  PROCESS  DURING  THE EFFECTIVENESS OF THIS SECTION.
 ANY PROGRAM ESTABLISHED BY A CITY, TOWN  OR  VILLAGE  PURSUANT  TO  THIS
 PARAGRAPH SHALL BE REFERRED TO AS A "SELF-CERTIFICATION PROGRAM".
   (B) THE WRONGFUL OR NEGLIGENT CERTIFICATION BY A LICENSED PROFESSIONAL
 PURSUANT  TO  THIS  SECTION  MAY CONSTITUTE PROFESSIONAL MISCONDUCT, AND
 REFERRAL CAN BE  MADE  TO  THE  STATE  EDUCATION  DEPARTMENT  OFFICE  OF
 PROFESSIONS  UPON  A FINDING OF WRONGDOING OR NEGLIGENCE BY THE LICENSED
 PROFESSIONAL BY THE  BUILDING  DEPARTMENT  WITH  JURISDICTION  OVER  THE
 PROJECT.
   §  2.  This  act shall take effect immediately and shall expire and be
 deemed repealed October 1, 2024.