Bill Text: NY A10249 | 2017-2018 | General Assembly | Introduced

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Bill Title: Relates to modular construction work; provides that modular construction shall comply with any existing municipal licensing requirements for all electrical, plumbing, and fire suppression work.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2018-03-26 - referred to labor [A10249 Detail]

Download: New_York-2017-A10249-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          10249
                   IN ASSEMBLY
                                     March 26, 2018
                                       ___________
        Introduced  by M. of A. DILAN -- read once and referred to the Committee
          on Labor
        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:
     1    Section  1.  The labor law is amended by adding a new section 241-c to
     2  read as follows:
     3    § 241-c. Modular construction work. 1. As used in this section:
     4    (a) "Closed construction" shall mean any building, building component,
     5  assembly, or system manufactured in such a  manner  that  all  concealed
     6  parts  or  processes of manufacture cannot be inspected before installa-
     7  tion at the building site without disassembly, damage, or destruction.
     8    (b) "Component" shall mean  any  sub-system,  sub-assembly,  or  other
     9  system  or  fabrication  designed  for use in or as part of a structure,
    10  which may include woodwork, cases, cabinets or counters and  the  fabri-
    11  cation  of  electrical,  plumbing,  heating,  cooling, ventilation, fire
    12  protection, exhaust duct systems, and mechanical  insulation,  or  other
    13  systems affecting health and safety, designed and engineered for instal-
    14  lation  in  the  construction,  repair,  or renovation of a manufactured
    15  building.
    16    (c) "Manufactured building" shall mean a structure consisting  of  one
    17  or  more  transportable  sections  of closed construction built within a
    18  manufacturing facility when such building is designed to be greater than
    19  six stories in height.
    20    (d)"Manufacturing facility" shall mean the place or  places  at  which
    21  machinery, equipment, and other materials are assembled and operated for
    22  the purposes of making, fabricating, forming, or assembling manufactured
    23  buildings or components.
    24    (e)  "Modular construction" shall mean all aspects of the construction
    25  of a manufactured building.
    26    (f) "Municipal" or "municipality" shall mean a city with a  population
    27  of one million or more.
    28    2.  Modular  construction  shall  comply  with  any existing municipal
    29  licensing  requirements  for  all   electrical,   plumbing,   and   fire
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15199-01-8
        A. 10249                            2
     1  suppression  work,  including licensing requirements that require plumb-
     2  ing, fire suppression, and electrical work to be done under  the  direct
     3  and  continuing  supervision  of a person licensed by such municipality,
     4  whether  any  phase of such construction is done within the geographical
     5  boundaries of such municipality or in a manufacturing  facility  located
     6  outside   the   municipality.   No  municipality  shall  exempt  modular
     7  construction from any such licensing requirements and shall consider all
     8  phases  of  such  modular  construction   the   same   as   conventional
     9  construction  erected  within the geographical boundaries of the munici-
    10  pality for purposes of such licensing requirements.
    11    § 2. Section 242 of the labor law, as amended by chapter  367  of  the
    12  laws of 1969, is amended to read as follows:
    13    §  242.  Application  and enforcement of article.  Notwithstanding any
    14  other law or regulation, local or general, the provisions of this  arti-
    15  cle  and  the  rules  issued  thereunder shall be applicable exclusively
    16  throughout the state and the commissioner shall have exclusive authority
    17  to enforce this article and the rules  issued  thereunder.  Section  two
    18  hundred  forty-one-c  of this article shall supersede any existing state
    19  or local law or rule except  any  requirements  already  existing  under
    20  article  twenty-one-b  of  the  executive  law; further, no municipality
    21  shall adopt a  law  or  regulation  which  is  intended  to  reduce  the
    22  restrictions  as  set  forth  in section two hundred forty-one-c of this
    23  article.
    24    § 3. This act shall take effect immediately.