S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4738--A
     Cal. No. 80
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 10, 2021
                                ___________
 
 Introduced  by  Sens.  RAMOS, MATTERA -- read twice and ordered printed,
   and when printed to be committed to the Committee on Labor  --  recom-
   mitted  to  the  Committee  on Labor in accordance with Senate Rule 6,
   sec. 8 -- reported favorably from said committee, ordered to first and
   second report, ordered to a third reading, passed by Senate and deliv-
   ered to the Assembly, recalled, vote reconsidered, restored  to  third
   reading,  amended  and  ordered  reprinted, retaining its place in the
   order of third reading
 
 AN ACT to amend the labor law, in relation to modular construction work
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The labor law is amended by adding a new section 241-c to
 read as follows:
   § 241-C. DEFINITIONS. AS USED IN  THIS  SECTION  THE  FOLLOWING  TERMS
 SHALL HAVE THE FOLLOWING MEANINGS:
   (A)  FOR THE PURPOSES OF THIS SECTION, "CITY" SHALL MEAN A CITY WITH A
 POPULATION OF ONE MILLION OR MORE.
   (B) "MODULAR UNIT" SHALL MEAN COMPONENT PARTS ASSEMBLED AT A  LOCATION
 OTHER  THAN  THE  CONSTRUCTION SITE WITHIN A CITY WHICH ARE TO BE TRANS-
 PORTED TO THE CONSTRUCTION SITE FOR INSTALLATION AS PART OF  A  MANUFAC-
 TURED BUILDING.
   (C)  "COMPONENT  PARTS"  SHALL  MEAN  ANY SUB-SYSTEM, SUB-ASSEMBLY, OR
 OTHER SYSTEM OR FABRICATION DESIGNED FOR USE IN OR AS PART OF  A  STRUC-
 TURE  IN A CITY, WHICH MAY INCLUDE WOODWORK, CASES, CABINETS OR COUNTERS
 AND THE FABRICATION OF ELECTRICAL, PLUMBING,  HEATING,  COOLING,  VENTI-
 LATION,  FIRE  PROTECTION,  EXHAUST  DUCT  SYSTEMS, AND MECHANICAL INSU-
 LATION, OR OTHER SYSTEMS AFFECTING HEALTH AND SAFETY, DESIGNED AND ENGI-
 NEERED FOR INSTALLATION IN THE CONSTRUCTION, REPAIR, OR RENOVATION OF  A
 MANUFACTURED BUILDING.
   (D)  "MANUFACTURED  BUILDING" SHALL MEAN A STRUCTURE CONSISTING OF ONE
 OR MORE TRANSPORTABLE MODULAR UNITS BUILT WITHIN A MANUFACTURING FACILI-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD04794-09-2
 S. 4738--A                          2
 
 TY OR FACILITIES, WHERE SUCH BUILDING IS DESIGNED TO BE GREATER THAN SIX
 STORIES IN HEIGHT.
   2.  ENFORCEMENT.  ENFORCEMENT OF THIS SECTION SHALL BE BY THE NEW YORK
 CITY DEPARTMENT OF BUILDINGS.
   3. OFF-SITE ELECTRICAL, PLUMBING, AND FIRE SUPPRESSION WORK. ALL ELEC-
 TRICAL, PLUMBING, AND FIRE SUPPRESSION WORK DURING OFF-SITE ASSEMBLY  OF
 A MODULAR UNIT SHALL BE PERFORMED BY AN APPLICABLE LICENSEE WITH EMPLOY-
 EES UNDER THE LICENSEE'S SUPERVISION.
   4. RECORDS DEMONSTRATING COMPLIANCE. EACH LICENSEE PERFORMING OFF-SITE
 ASSEMBLIES PURSUANT TO THIS SECTION SHALL MAINTAIN RECORDS DEMONSTRATING
 COMPLIANCE  OF  SUCH  MODULAR  UNIT  PURSUANT  TO THE PROVISIONS OF THIS
 SECTION WITH RESPECT TO THE TYPE OF WORK BEING PERFORMED.  SUCH  RECORDS
 SHALL BE MAINTAINED FOR AT LEAST SIX YEARS FROM THE DATE OF THE ISSUANCE
 OF THE FINAL CERTIFICATE OF OCCUPANCY FOR THE MANUFACTURED BUILDING.
   5.  LICENSEE CERTIFICATION. PRIOR TO THE TRANSPORTATION OF ANY MODULAR
 UNIT TO THE CONSTRUCTION SITE  FOR  INSTALLATION  WITHIN  A  CITY,  EACH
 LICENSEE  SHALL  SUBMIT A SIGNED AND SEALED CERTIFICATION TO THE DEPART-
 MENT ATTESTING TO THE COMPLIANCE OF SUCH MODULAR UNIT  PURSUANT  TO  THE
 PROVISIONS  OF  THIS  SECTION  WITH  RESPECT  TO  THE TYPE OF WORK BEING
 PERFORMED. EACH MODULAR UNIT TRANSPORTED TO THE CONSTRUCTION SITE WITHIN
 A CITY SHALL BE ACCOMPANIED WITH A COPY OF THE APPLICABLE CERTIFICATIONS
 REQUIRED PURSUANT TO THIS SECTION. SUCH CERTIFICATIONS SHALL BE  SUBMIT-
 TED TO THE DEPARTMENT, IN A FORM AND MANNER AS DETERMINED BY THE DEPART-
 MENT,  AND  ALL INSPECTORS PRIOR TO INSTALLATION OF THE MODULAR UNIT AND
 SHALL BE MAINTAINED AT THE JOBSITE UNTIL THE COMPLETION OF THE  MANUFAC-
 TURED BUILDING.
   6.  OWNER  CERTIFICATION.  PRIOR  TO  THE ISSUANCE OF ANY WORK PERMITS
 ASSOCIATED WITH THE ON-SITE  CONSTRUCTION  OF  A  MANUFACTURED  BUILDING
 WITHIN  A CITY, THE OWNER OF SUCH MANUFACTURED BUILDING SHALL CERTIFY TO
 THE DEPARTMENT THAT HE OR SHE HIRED THE APPROPRIATE LICENSEES TO PERFORM
 ALL ELECTRICAL, PLUMBING, AND FIRE SUPPRESSION  WORK  FOR  SUCH  MODULAR
 UNIT WITH EMPLOYEES UNDER THE LICENSEES' SUPERVISION.
   7.   ON-SITE   CONSTRUCTION.   ALL   ELECTRICAL,  PLUMBING,  AND  FIRE
 SUPPRESSION WORK NECESSARY FOR  INSTALLING  OR  CONNECTING  THE  MODULAR
 UNITS  ON  THE  CONSTRUCTION SITE WITHIN A CITY SHALL BE PERFORMED BY AN
 APPLICABLE LICENSEE WITH EMPLOYEES  UNDER  THE  LICENSEE'S  SUPERVISION,
 PURSUANT TO A WORK PERMIT COVERING SUCH INSTALLATIONS AND CONNECTIONS.
   §  2.  1. The commissioner, in consultation with any department, divi-
 sion, board, bureau, commission, agency,  or  public  authority  of  the
 state  or  any  political  subdivision  thereof  deemed necessary by the
 commissioner, is directed to conduct a statewide survey which examines:
   (a) whether construction of manufactured buildings conflicts with  any
 local or state building codes,
   (b)  existing obstacles that modular units, component parts, and manu-
 factured buildings face in complying with local or state building codes,
   (c) the rate at which modular units, component parts, and manufactured
 buildings are used in construction in each county of the  state  of  New
 York,
   (d)  the  potential  hazards  that modular units, component parts, and
 manufactured buildings present when used in non-compliance with local or
 state building codes, and makes recommendations as to how:
   (i) local or state code enforcement officers can ensure modular units,
 component parts, and manufactured buildings comply with local  or  state
 building codes, and
 S. 4738--A                          3
 
   (ii)  how  to  mitigate  existing  obstacles  modular units, component
 parts, and manufactured buildings face in complying with local or  state
 building codes.
   2.  The commissioner shall report the findings of such survey findings
 to the governor, the temporary president of the senate, and the  speaker
 of the assembly no later than April 1st, 2024.
   § 3. This act shall take effect immediately.