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

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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--B

                               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

        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

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03826-09-2
        S. 1003--B                          2

     1  certification  by  a  registered  architect  licensed to practice in the
     2  state of New York or a professional engineer licensed to practice in the
     3  state of New York that the intended work as set forth  in  the  building
     4  permit application meets the requirements of the Uniform Fire Prevention
     5  and  Building  Code, excluding the approval of fire service features and
     6  compliance with fire protection and life safety systems  as  defined  by
     7  the  fire  code  of  New  York  state,  or  any  more  restrictive local
     8  provisions relating to fire services, fire  protection  or  life  safety
     9  systems.  Such program shall include a requirement for a random audit of
    10  applications  for  a  building  permit to ensure compliance.   Provided,
    11  however, a city, town, or village establishing  a  program  pursuant  to
    12  this  section shall be prohibited from reducing or eliminating the posi-
    13  tion of any employee involved with the building permit application proc-
    14  ess during the effectiveness of this section.   Any program  established
    15  by  a city, town or village pursuant to this paragraph shall be referred
    16  to as a "self-certification program".
    17    (b) A self-certification program established pursuant to this subdivi-
    18  sion may not be utilized by any applicant  until  forty-five  days  have
    19  lapsed  following  the submission of a complete building permit applica-
    20  tion by the applicant to the  municipal  building  department,  provided
    21  that  the  municipal  building  department  has  not approved, denied or
    22  returned the application as incomplete within the forty-five day  period
    23  following submission.
    24    (c) The wrongful or negligent certification by a licensed professional
    25  pursuant  to  this  section  may constitute professional misconduct, and
    26  referral can be  made  to  the  state  education  department  office  of
    27  professions  upon  a finding of wrongdoing or negligence by the licensed
    28  professional by the  building  department  with  jurisdiction  over  the
    29  project.
    30    §  2.  This  act shall take effect immediately and shall expire and be
    31  deemed repealed October 1, 2024.