BILL NUMBER: S5614A

SPONSOR: MARTINEZ
 
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:

The purpose of this bill is to allow a local government in Nassau,
Suffolk or Westchester County, as well as the City of Yonkers to estab-
lish a process allowing for the issuance of a building permit based upon
an independent certification by a registered architect licensed to prac-
tice 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 Nassau, Suffolk or Westchester County, as well as the
              

City of Yonkers to adopt permitting process based upon an independent
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, 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 no positions within a building department be
reduced during the duration of the program, and the independent certif-
ication would only apply to applications which were not denied by a
building department after 45 days, and that wrongful certification by a
licensed professional would be reportable to the state education depart-
ment 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. is the enacting clause

 
JUSTIFICATION:

This bill is an important step in addressing the pressing issue of the
housing crisis by streamlining the permitting process for municipalities
in Nassau, Suffolk, and Westchester County, as well as the City of Yonk-
ers. This legislation aims to expedite the approval of housing
construction and other projects while maintaining necessary safety stan-
dards.

The housing crisis is a complex problem which has resulted in a shortage
of affordable housing options for individuals and families.  Lengthy and
bureaucratic permitting processes can be a significant obstacle to the
timely completion of housing projects. Delays in obtaining permits
contribute to increased construction costs, limited housing supply, and
ultimately, higher prices for homebuyers and renters. Therefore, it is
crucial to streamline these processes to alleviate the housing crisis.

The proposed amendment allows municipalities in Nassau, Suffolk, West-
chester County, and the City of Yonkers to adopt a permitting process
based on independent certification from registered architects or profes-
sional engineers licensed to practice in the state. This certification
verifies the proposed work complies with the Uniform Fire Prevention and
Building Code.

By leveraging the expertise of licensed professionals, this bill ensures
that the construction or renovation projects meet necessary safety stan-
dards. The involvement of architects and engineers in the permitting
process enables a more efficient review of plans and eliminates unneces-
sary delays caused by bureaucratic red tape.

Moreover, the independent certification requirement applies only to
applications that have not been denied by a building department within
45 days. This provision prevents the certification process from further
delaying projects that have already undergone a thorough review by the
local authorities. It strikes a balance between expediting the approval
process and upholding the responsibility of the building departments to
assess applications diligently.

Lastly, the bill establishes a reporting mechanism whereby wrongful
certification by a licensed professional must be reported to the state
education department by the building department. This reporting require-
ment holds licensed professionals accountable for any improper certif-
ications, ensuring the highest standards of professional conduct are
maintained.

To guarantee ongoing compliance with safety standards, any local program
adopted pursuant to this section must include a random audit provision.
This provision ensures that projects approved through the streamlined
process are periodically audited to verify compliance with the estab-
lished regulations.

In summary, this legislation directly addresses the housing crisis by
streamlining the permitting process and facilitating timely completion
of housing construction and other projects. By reducing red tape, engag-
ing licensed professionals, and maintaining safety standards, this
amendment will help alleviate the shortage of affordable housing and
foster economic growth in Nassau, Suffolk, Westchester County, and the
City of Yonkers.

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
This act shall take effect immediately and shall expire and be deemed
repealed October 1, 2025.