Bill Text: NY S01003 | 2021-2022 | General Assembly | Amended

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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: Partisan Bill (Democrat 6-0)

Status: (Engrossed - Dead) 2022-05-31 - referred to local governments [S01003 Detail]

Download: New_York-2021-S01003-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         1003--C

                               2021-2022 Regular Sessions

                    IN SENATE

                                       (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:

     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

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03826-11-2
        S. 1003--C                          2

     1  hundred thousand or more, not wholly contained within a city, may estab-
     2  lish a program whereby a building permit may  be  issued  based  upon  a
     3  certification  by  a  registered  architect  licensed to practice in the
     4  state of New York or a professional engineer licensed to practice in the
     5  state  of  New  York that the intended work as set forth in the building
     6  permit application meets the requirements of the Uniform Fire Prevention
     7  and Building Code, excluding the approval of fire service  features  and
     8  compliance  with  fire  protection and life safety systems as defined by
     9  the fire  code  of  New  York  state,  or  any  more  restrictive  local
    10  provisions  relating  to  fire  services, fire protection or life safety
    11  systems.  Such program shall include the following requirements:
    12    (i) no later than forty-five  days  after  submission  of  a  building
    13  permit  application  with  a certification as provided for herein to the
    14  municipal building department such application shall be deemed  approved
    15  unless denied;
    16    (ii)  in the event of a denial of a building permit application with a
    17  certification the building department shall set forth  the  reasons  for
    18  such denial and shall cite the applicable provisions of the law or regu-
    19  lation upon which such denial is predicated; and
    20    (iii)  a  random audit of applications for a building permit to ensure
    21  compliance.  Provided, however, a city, town, or village establishing  a
    22  program  pursuant  to  this section shall be prohibited from reducing or
    23  eliminating the position of any  employee  involved  with  the  building
    24  permit  application  process  during  the effectiveness of this section.
    25  Any program established by a city, town  or  village  pursuant  to  this
    26  paragraph shall be referred to as a "self-certification program".
    27    (b) The wrongful or negligent certification by a licensed professional
    28  pursuant  to  this  section  may constitute professional misconduct, and
    29  referral can be  made  to  the  state  education  department  office  of
    30  professions  upon  a finding of wrongdoing or negligence by the licensed
    31  professional by the  building  department  with  jurisdiction  over  the
    32  project.
    33    §  2.  This  act shall take effect immediately and shall expire and be
    34  deemed repealed October 1, 2024.