Bill Text: NY A07947 | 2021-2022 | General Assembly | Amended


Bill Title: 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.

Spectrum: Moderate Partisan Bill (Democrat 6-1)

Status: (Introduced - Dead) 2022-05-19 - print number 7947a [A07947 Detail]

Download: New_York-2021-A07947-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                         7947--A

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                      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:

     1    Section 1. Section 125 of the general municipal law, as added by chap-
     2  ter 439 of the laws of 1998, is amended to read as follows:
     3    § 125. Issuance of building permits. 1. No city, town or village shall
     4  issue a building permit without  obtaining  from  the  permit  applicant
     5  either:
     6    [1.]  (a)  proof  duly subscribed that workers' compensation insurance
     7  and  disability  benefits  coverage  issued by an insurance carrier in a
     8  form satisfactory to the chair of the   workers' compensation  board  as
     9  provided  for in section fifty-seven of the workers' compensation law is
    10  effective; or
    11    [2.] (b) an affidavit that such permit applicant has  not  engaged  an
    12  employer  or  any employees as those terms are defined in section two of
    13  the  workers' compensation law to perform work relating to such building
    14  permit.
    15    2. (a) Notwithstanding any law, rule or regulation to the  contrary  a
    16  city,  town  or village in a county with a population of one million two
    17  hundred thousand or more, not wholly contained within a city, may estab-
    18  lish a program whereby a building permit may  be  issued  based  upon  a
    19  certification  by  a  registered  architect  licensed to practice in the
    20  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

     1  state of New York that the intended work as set forth  in  the  building
     2  permit application meets the requirements of the Uniform Fire Prevention
     3  and  Building  Code, excluding the approval of fire service features and
     4  compliance  with  fire  protection and life safety systems as defined by
     5  the fire  code  of  New  York  state,  or  any  more  restrictive  local
     6  provisions  relating  to  fire  services, fire protection or life safety
     7  systems.  Such program shall include the following requirements:
     8    (i) no later than forty-five  days  after  submission  of  a  building
     9  permit  application  with  a certification as provided for herein to the
    10  municipal building department such application shall be deemed  approved
    11  unless denied;
    12    (ii)  in the event of a denial of a building permit application with a
    13  certification the building department shall set forth  the  reasons  for
    14  such denial and shall cite the applicable provisions of the law or regu-
    15  lation upon which such denial is predicated; and
    16    (iii)  a  random audit of applications for a building permit to ensure
    17  compliance.  Provided, however, a city, town, or village establishing  a
    18  program  pursuant  to  this section shall be prohibited from reducing or
    19  eliminating the position of any  employee  involved  with  the  building
    20  permit  application  process  during  the effectiveness of this section.
    21  Any program established by a city, town  or  village  pursuant  to  this
    22  paragraph shall be referred to as a "self-certification program".
    23    (b) The wrongful or negligent certification by a licensed professional
    24  pursuant  to  this  section  may constitute professional misconduct, and
    25  referral can be  made  to  the  state  education  department  office  of
    26  professions  upon  a finding of wrongdoing or negligence by the licensed
    27  professional by the  building  department  with  jurisdiction  over  the
    28  project.
    29    §  2.  This  act shall take effect immediately and shall expire and be
    30  deemed repealed October 1, 2024.
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