NY State Senate Bill 2021-S1003C

Archive: Last Bill Status - In Assembly 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

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 31, 2022	referred to local governments delivered to assembly passed senate
May 25, 2022	ordered to third reading cal.1522 committee discharged and committed to rules
May 16, 2022	print number 1003c
May 16, 2022	amend and recommit to local government
May 06, 2022	print number 1003b
May 06, 2022	amend and recommit to local government
Jan 05, 2022	referred to local government
Jun 01, 2021	print number 1003a
Jun 01, 2021	amend (t) and recommit to local government
Jan 06, 2021	referred to local government

Votes

- May 31, 2022 - Floor Vote
  S1003C
  
  48
  
  Aye
  
  15
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: May 31, 2022
      
      aye (48)
      
      Addabbo Jr.
      
      Bailey
      
      Biaggi
      
      Boyle
      
      Breslin
      
      Brisport
      
      Brooks
      
      Brouk
      
      Cleare
      
      Comrie
      
      Cooney
      
      Felder
      
      Gallivan
      
      Gaughran
      
      Gianaris
      
      Gounardes
      
      Harckham
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Kaminsky
      
      Kaplan
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Liu
      
      Mannion
      
      Martucci
      
      Mattera
      
      May
      
      Mayer
      
      Myrie
      
      Parker
      
      Persaud
      
      Ramos
      
      Reichlin-Melnick
      
      Rivera
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Savino
      
      Sepúlveda
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stewart-Cousins
      
      Thomas
      
      nay (15)
      
      Akshar
      
      Borrello
      
      Griffo
      
      Helming
      
      Jordan
      
      O'Mara
      
      Oberacker
      
      Ortt
      
      Palumbo
      
      Rath III
      
      Ritchie
      
      Serino
      
      Stec
      
      Tedisco
      
      Weik
  May 25, 2022 - Rules Committee Vote
  S1003C
  
  16
  
  Aye
  
  0
  
  Nay
  
  5
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: May 25, 2022
      
      aye (16)
      
      Addabbo Jr.
      
      Bailey
      
      Biaggi
      
      Boyle
      
      Breslin
      
      Comrie
      
      Gallivan
      
      Gianaris
      
      Kennedy
      
      Krueger
      
      Liu
      
      Mayer
      
      Parker
      
      Savino
      
      Sepúlveda
      
      Stewart-Cousins
      
      aye wr (5)
      
      Griffo
      
      Lanza
      
      O'Mara
      
      Ortt
      
      Ritchie

Bill Amendments

Original

C (Active)

co-Sponsors

2021-S1003 - Details

See Assembly Version of this Bill:: A7947
Current Committee:: Assembly Local Governments
Law Section:: General Municipal Law
Laws Affected:: Amd §125, Gen Muni L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S9108
2023-2024: S5614, A4202

2021-S1003 - Summary

Authorizes a city, town or village to establish a program whereby a building permit may be issued based upon certification by a registered architect or professional engineer.

2021-S1003 - Sponsor Memo

                                
 
BILL NUMBER: S1003

SPONSOR: GAUGHRAN
 
TITLE OF BILL:

An act to amend the general municipal law, in relation to building
permits

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill allows a locality to establish a process allowing for the
issuance of a building permit based upon certification by a registered
architect licensed to practice in the State of New York or a profes-
sional engineer licensed to practice in the state.

 
SUMMARY OF PROVISIONS:

Section 1. Amends Section 125 of the General Municipal Law to allow
municipalities to adopt permitting process based upon a certification
from a registered architect licensed to practice in the state, or a
professional engineer licensed to practice in the state, that the

intended work meets the requirements of the Uniform Fire Prevention and
Building Code. Any local program adopted pursuant to this section would
need to have a random audit provision to ensure compliance.

Section 2. Provides for an immediate effective date.

 
JUSTIFICATION:

Self-certification for building permits by licensed professionals allows
projects to move through the permitting process more efficiently.
Licensed professionals who are knowledgeable about the scope of a
particular project are capable of determining compliance with the
Uniform Fire Prevention and Building Code. Allowing municipalities the
option to initiate a permitting process containing this flexibility will
serve to decrease costs to local building departments, while still
ensuring the safety of the public through random audits.

 
PRIOR LEGISLATIVE HISTORY:

2020: S9108

 
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.

2021-S1003 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1003
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by Sen. GAUGHRAN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Local Government
 
 AN ACT to amend the general  municipal  law,  in  relation  to  building
   permits

   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. NOTWITHSTANDING ANY LAW, RULE OR REGULATION TO THE CONTRARY A CITY,
 TOWN OR VILLAGE MAY ESTABLISH 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 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. SUCH PROGRAM SHALL INCLUDE A REQUIRE-
 MENT FOR A RANDOM AUDIT OF APPLICATIONS FOR A BUILDING PERMIT TO  ENSURE
 COMPLIANCE.
   § 2. This act shall take effect immediately.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD03826-01-1

co-Sponsors

View additional co-sponsors

2021-S1003A - Details

See Assembly Version of this Bill:: A7947
Current Committee:: Assembly Local Governments
Law Section:: General Municipal Law
Laws Affected:: Amd §125, Gen Muni L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S9108
2023-2024: S5614, A4202

2021-S1003A - Summary

Authorizes a city, town or village to establish a program whereby a building permit may be issued based upon certification by a registered architect or professional engineer.

2021-S1003A - Sponsor Memo

                                 
BILL NUMBER: S1003A

SPONSOR: GAUGHRAN
 
TITLE OF BILL:

An act to amend the general municipal law, in relation to building
permits; and providing for the repeal of such provisions upon expiration
thereof

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill allows a local government in Nassau or Suffolk County to
establish a process allowing for the issuance of a building permit based
upon certification by a registered architect licensed to practice in the
State of New York or a professional engineer licensed to practice in the
state.

 
SUMMARY OF PROVISIONS:

Section 1. Amends Section 125 of the General Municipal Law to allow
municipalities in Suffolk or Nassau County to adopt permitting process
based upon a certification from a registered architect licensed to prac-

tice in the state, or a professional engineer licensed to practice in
the state, that the intended work meets the requirements of the Uniform
Fire Prevention and Building Code. Any local program adopted pursuant to
this section would need to have a random audit provision to ensure
compliance and the municipality would be prohibited from reducing posi-
tions based on participation in the program. This program would not
apply to fire related inspections.

Section 2. Provides for an immediate effective date and repeal on Octo-
ber 1, 2024.

 
JUSTIFICATION:

Self-certification for building permits by licensed professionals allows
projects to move through the permitting process more efficiently.
Licensed professionals who are knowledgeable about the scope of a
particular project are capable of determining compliance with the
Uniform Fire Prevention and Building Code. Allowing municipalities the
option to initiate a permitting process containing this flexibility will
serve to decrease costs to local building departments, while still
ensuring the safety of the public through random audits.

 
PRIOR LEGISLATIVE HISTORY:

2020: S9108

 
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 and shall expire and be deemed
repealed on October 1, 2024.

2021-S1003A - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1003--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced by Sens. GAUGHRAN, BROOKS, HARCKHAM, KAMINSKY, THOMAS -- read
   twice  and  ordered  printed,  and when printed to be committed to the
   Committee on Local Government -- committee discharged,  bill  amended,
   ordered reprinted as amended and recommitted to said committee

 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. NOTWITHSTANDING ANY LAW, RULE OR REGULATION TO THE CONTRARY A CITY,
 TOWN OR VILLAGE IN A COUNTY WITH A POPULATION OF ONE  MILLION  OR  MORE,
 NOT  WHOLLY  CONTAINED  WITHIN A CITY, MAY ESTABLISH 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  PROFES-
 SIONAL  ENGINEER  LICENSED TO PRACTICE IN THE STATE OF NEW YORK THAT THE
 INTENDED WORK AS SET FORTH IN THE BUILDING PERMIT APPLICATION MEETS  THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD03826-04-1

 S. 1003--A                          2
 
 REQUIREMENTS OF THE UNIFORM FIRE PREVENTION AND BUILDING CODE, EXCLUDING
 FIRE  RELATED INSPECTIONS.  SUCH PROGRAM SHALL INCLUDE A REQUIREMENT FOR
 A RANDOM AUDIT OF APPLICATIONS FOR A BUILDING PERMIT TO  ENSURE  COMPLI-
 ANCE.    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.
   § 2. This act shall take effect immediately and shall  expire  and  be
 deemed repealed October 1, 2024.

co-Sponsors

View additional co-sponsors

2021-S1003B - Details

See Assembly Version of this Bill:: A7947
Current Committee:: Assembly Local Governments
Law Section:: General Municipal Law
Laws Affected:: Amd §125, Gen Muni L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S9108
2023-2024: S5614, A4202

2021-S1003B - Summary

Authorizes a city, town or village to establish a program whereby a building permit may be issued based upon certification by a registered architect or professional engineer.

2021-S1003B - Sponsor Memo

                                 
BILL NUMBER: S1003B

SPONSOR: GAUGHRAN
 
TITLE OF BILL:

An act to amend the general municipal law, in relation to building
permits; and providing for the repeal of such provisions upon expiration
thereof

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill allows a locality to establish a process allowing for the
issuance of a building permit based upon certification by a registered
architect licensed to practice in the State of New York or a profes-
sional engineer licensed to practice in the state.

 
SUMMARY OF PROVISIONS:

Section 1. Amends Section 125 of the General Municipal Law to allow
certain municipalities to adopt permitting process based upon a certif-
ication from a registered architect licensed to practice in the state,
or a professional engineer licensed to practice in the state, that the

intended work meets the requirements of the Uniform Fire Prevention and
Building Code, excluding the inspection of fire service features and
compliance with fire protection and life safety measures, along with
locally adopted fire standards that are more restrictive. The program
would require that no positions within a building department be reduced
during the pendency of the program, that the self-certification would
only apply to complete applications that were not approved or denied by
a building department after 45 days, and that wrongful certification by
a licensed professional would be reportable to the state education
department by a building department. Any local program adopted pursuant
to this section would need to have a random audit provision to ensure
compliance.

Section 2. Provides for an immediate effective date and repeal on Octo-
ber 1, 2024.

 
JUSTIFICATION:

Self-certification for building permits by licensed professionals allows
projects to move through the permitting process more efficiently.
Licensed professionals who are knowledgeable about the scope of a
particular project are capable of determining compliance with the
Uniform Fire Prevention and Building Code. Allowing municipalities the
option to initiate a permitting process containing this flexibility will
serve to decrease costs to local building departments, while still
ensuring the safety of the public through random audits.

 
PRIOR LEGISLATIVE HISTORY:

2020: S9108

 
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 and shall expire and be deemed
repealed on October 1, 2024.

2021-S1003B - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1003--B
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced by Sens. GAUGHRAN, BROOKS, HARCKHAM, KAMINSKY, KAPLAN, THOMAS
   -- read twice and ordered printed, and when printed to be committed to
   the  Committee  on  Local  Government  --  committee  discharged, bill
   amended, ordered reprinted as amended and recommitted to said  commit-
   tee  -- recommitted to the Committee on Local Government in accordance
   with Senate Rule 6, sec. 8  --  committee  discharged,  bill  amended,
   ordered reprinted as amended and recommitted to said committee
 
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD03826-09-2
 S. 1003--B                          2
 
 CERTIFICATION  BY  A  REGISTERED  ARCHITECT  LICENSED TO PRACTICE IN THE
 STATE OF NEW YORK OR A PROFESSIONAL ENGINEER LICENSED TO PRACTICE IN THE
 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 A REQUIREMENT FOR 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 POSI-
 TION OF ANY EMPLOYEE INVOLVED WITH THE BUILDING PERMIT APPLICATION PROC-
 ESS 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) A SELF-CERTIFICATION PROGRAM ESTABLISHED PURSUANT TO THIS SUBDIVI-
 SION MAY NOT BE UTILIZED BY ANY APPLICANT  UNTIL  FORTY-FIVE  DAYS  HAVE
 LAPSED  FOLLOWING  THE SUBMISSION OF A COMPLETE BUILDING PERMIT APPLICA-
 TION BY THE APPLICANT TO THE  MUNICIPAL  BUILDING  DEPARTMENT,  PROVIDED
 THAT  THE  MUNICIPAL  BUILDING  DEPARTMENT  HAS  NOT APPROVED, DENIED OR
 RETURNED THE APPLICATION AS INCOMPLETE WITHIN THE FORTY-FIVE DAY  PERIOD
 FOLLOWING SUBMISSION.
   (C) 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.

co-Sponsors

View additional co-sponsors

2021-S1003C (ACTIVE) - Details

See Assembly Version of this Bill:: A7947
Current Committee:: Assembly Local Governments
Law Section:: General Municipal Law
Laws Affected:: Amd §125, Gen Muni L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S9108
2023-2024: S5614, A4202

2021-S1003C (ACTIVE) - Summary

Authorizes a city, town or village to establish a program whereby a building permit may be issued based upon certification by a registered architect or professional engineer.

2021-S1003C (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S1003C

SPONSOR: GAUGHRAN
 
TITLE OF BILL:

An act to amend the general municipal law, in relation to building
permits; and providing for the repeal of such provisions upon expiration
thereof

 
SUMMARY OF PROVISIONS:

Section 1. Amends Section 125 of the General Municipal Law to allow
certain municipalities to adopt permitting process based upon a certif-
ication from a registered architect licensed to practice in the state,
or a professional engineer licensed to practice in the state, that the
intended work meets the requirements of the Uniform Fire Prevention and
Building Code, excluding the inspection of fire service features and
compliance with fire protection and life safety measures, along with
locally adopted fire standards that are more restrictive. The program
would require that no positions within a building department be reduced
during the pendency of the program, that the self-certification would
only apply to applications that were not denied by a building department
after 45 days, and that wrongful certification by a licensed profes-

sional would be reportable to the state education department by a build-
ing department. Any local program adopted pursuant to this section would
need to have a random audit provision to ensure compliance.

Section 2. Provides for an immediate effective date and repeal on Octo-
ber 1, 2024.

 
JUSTIFICATION:

Self-certification for building permits by licensed professionals allows
projects to move through the permitting process more efficiently.
Licensed professionals who are knowledgeable about the scope of a
particular project are capable of determining compliance with the
Uniform Fire Prevention and Building Code: Allowing municipalities the
option to initiate a permitting process containing this flexibility will
serve to decrease costs to local building departments, while still
ensuring the safety of the public through random audits.

 
PRIOR LEGISLATIVE HISTORY:

2020: S9108

 
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 and shall expire and be deemed
repealed on October 1, 2024.

2021-S1003C (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1003--C
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced by Sens. GAUGHRAN, BROOKS, HARCKHAM, KAMINSKY, KAPLAN, THOMAS
   -- read twice and ordered printed, and when printed to be committed to
   the  Committee  on  Local  Government  --  committee  discharged, bill
   amended, ordered reprinted as amended and recommitted to said  commit-
   tee  -- recommitted to the Committee on Local Government in accordance
   with Senate Rule 6, sec. 8  --  committee  discharged,  bill  amended,
   ordered  reprinted  as  amended  and  recommitted to said committee --
   committee discharged, bill amended, ordered reprinted as  amended  and
   recommitted to said committee
 
 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

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

                                                            LBD03826-11-2
 S. 1003--C                          2
 
 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
 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.

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Senate Bill S1003C

Sponsored By

Archive: Last Bill Status - In Assembly Committee

May 31, 2022 - Floor Vote

Floor Vote: May 31, 2022

May 25, 2022 - Rules Committee Vote

Rules Committee Vote: May 25, 2022

Bill Amendments

co-Sponsors

2021-S1003 - Details

2021-S1003 - Summary

2021-S1003 - Sponsor Memo

2021-S1003 - Bill Text download pdf

co-Sponsors

2021-S1003A - Details

2021-S1003A - Summary

2021-S1003A - Sponsor Memo

2021-S1003A - Bill Text download pdf

co-Sponsors

2021-S1003B - Details

2021-S1003B - Summary

2021-S1003B - Sponsor Memo

2021-S1003B - Bill Text download pdf

co-Sponsors

2021-S1003C (ACTIVE) - Details

2021-S1003C (ACTIVE) - Summary

2021-S1003C (ACTIVE) - Sponsor Memo

2021-S1003C (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S1003C

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Sponsored By

Archive: Last Bill Status - In Assembly Committee

Bill Amendments

co-Sponsors

2021-S1003 - Details

2021-S1003 - Summary

2021-S1003 - Sponsor Memo

2021-S1003 - Bill Text download pdf

co-Sponsors

2021-S1003A - Details

2021-S1003A - Summary

2021-S1003A - Sponsor Memo

2021-S1003A - Bill Text download pdf

co-Sponsors

2021-S1003B - Details

2021-S1003B - Summary

2021-S1003B - Sponsor Memo

2021-S1003B - Bill Text download pdf

co-Sponsors

2021-S1003C (ACTIVE) - Details

2021-S1003C (ACTIVE) - Summary

2021-S1003C (ACTIVE) - Sponsor Memo

2021-S1003C (ACTIVE) - Bill Text download pdf

Comments