Bill Text: NY A02512 | 2023-2024 | General Assembly | Introduced


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: Moderate Partisan Bill (Democrat 18-2)

Status: (Introduced) 2024-01-03 - referred to labor [A02512 Detail]

Download: New_York-2023-A02512-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          2512

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    January 26, 2023
                                       ___________

        Introduced  by  M. of A. DILAN, HEVESI, D. ROSENTHAL, COOK, REYES, HYND-
          MAN, McDONOUGH, WILLIAMS,  GLICK,  COLTON,  HUNTER,  DICKENS,  TAYLOR,
          BRAUNSTEIN,  SEAWRIGHT -- Multi-Sponsored by -- M. of A. SIMON -- 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. Definitions. As used in  this  section  the  following  terms
     4  shall have the following meanings:
     5    (a)  For the purposes of this section, "city" shall mean a city with a
     6  population of one million or more.
     7    (b) "Modular unit" shall mean component parts assembled at a  location
     8  other  than  the  construction site within a city which are to be trans-
     9  ported to the construction site for installation as part of  a  manufac-
    10  tured building.
    11    (c)  "Component  parts"  shall  mean  any sub-system, sub-assembly, or
    12  other system or fabrication designed for use in or as part of  a  struc-
    13  ture  in a city, which may include woodwork, cases, cabinets or counters
    14  and the fabrication of electrical, plumbing,  heating,  cooling,  venti-
    15  lation,  fire  protection,  exhaust  duct  systems, and mechanical insu-
    16  lation, or other systems affecting health and safety, designed and engi-
    17  neered for installation in the construction, repair, or renovation of  a
    18  manufactured building.
    19    (d)  "Manufactured  building" shall mean a structure consisting of one
    20  or more transportable modular units built within a manufacturing facili-
    21  ty or facilities, where such building is designed to be greater than six
    22  stories in height.
    23    2. Enforcement. Enforcement of this section shall be by the  New  York
    24  City Department of Buildings.
    25    3. Off-site electrical, plumbing, and fire suppression work. All elec-
    26  trical,  plumbing, and fire suppression work during off-site assembly of

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03153-01-3

        A. 2512                             2

     1  a modular unit shall be performed by an applicable licensee with employ-
     2  ees under the licensee's supervision.
     3    4. Records demonstrating compliance. Each licensee performing off-site
     4  assemblies pursuant to this section shall maintain records demonstrating
     5  compliance  of  such  modular  unit  pursuant  to the provisions of this
     6  section with respect to the type of work being performed.  Such  records
     7  shall be maintained for at least six years from the date of the issuance
     8  of the final certificate of occupancy for the manufactured building.
     9    5.  Licensee certification. Prior to the transportation of any modular
    10  unit to the construction site  for  installation  within  a  city,  each
    11  licensee  shall  submit a signed and sealed certification to the depart-
    12  ment attesting to the compliance of such modular unit  pursuant  to  the
    13  provisions  of  this  section  with  respect  to  the type of work being
    14  performed. Each modular unit transported to the construction site within
    15  a city shall be accompanied with a copy of the applicable certifications
    16  required pursuant to this section. Such certifications shall be  submit-
    17  ted to the department, in a form and manner as determined by the depart-
    18  ment,  and  all inspectors prior to installation of the modular unit and
    19  shall be maintained at the jobsite until the completion of the  manufac-
    20  tured building.
    21    6.  Owner  certification.  Prior  to  the issuance of any work permits
    22  associated with the on-site  construction  of  a  manufactured  building
    23  within  a city, the owner of such manufactured building shall certify to
    24  the department that he or she hired the appropriate licensees to perform
    25  all electrical, plumbing, and fire suppression  work  for  such  modular
    26  unit with employees under the licensees' supervision.
    27    7.   On-site   construction.   All   electrical,  plumbing,  and  fire
    28  suppression work necessary for  installing  or  connecting  the  modular
    29  units  on  the  construction site within a city shall be performed by an
    30  applicable licensee with employees  under  the  licensee's  supervision,
    31  pursuant to a work permit covering such installations and connections.
    32    §  2.  1. The commissioner, in consultation with any department, divi-
    33  sion, board, bureau, commission, agency,  or  public  authority  of  the
    34  state  or  any  political  subdivision  thereof  deemed necessary by the
    35  commissioner, is directed to conduct a statewide survey which examines:
    36    (a) whether construction of manufactured buildings conflicts with  any
    37  local or state building codes,
    38    (b)  existing obstacles that modular units, component parts, and manu-
    39  factured buildings face in complying with local or state building codes,
    40    (c) the rate at which modular units, component parts, and manufactured
    41  buildings are used in construction in each county of the  state  of  New
    42  York,
    43    (d)  the  potential  hazards  that modular units, component parts, and
    44  manufactured buildings present when used in non-compliance with local or
    45  state building codes, and makes recommendations as to how:
    46    (i) local or state code enforcement officers can ensure modular units,
    47  component parts, and manufactured buildings comply with local  or  state
    48  building codes, and
    49    (ii)  how  to  mitigate  existing  obstacles  modular units, component
    50  parts, and manufactured buildings face in complying with local or  state
    51  building codes.
    52    2.  The commissioner shall report the findings of such survey findings
    53  to the governor, the temporary president of the senate, and the  speaker
    54  of the assembly no later than April 1st, 2025.
    55    § 3. This act shall take effect immediately.
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