NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A6450
SPONSOR: Stern (MS)
TITLE OF BILL:
An act to amend the general municipal law, in relation to a program
allowing the issuance of building permits based on certain professional
PURPOSE OR GENERAL IDEA OF BILL:
To enable towns and villages throughout the state to make the municipal
regulatory and project approval process more efficient by allowing
certain licensed design professionals to self-certify the acceptance of
their building permits.
SUMMARY OF PROVISIONS:
Section 1: amends section 125 of the general municipal law, as added by
chapter 439 of the laws of 1998.
Section 2: sets the effective date.
Numerous localities throughout the nation have implemented successful
programs that allow licensed design professionals, specifically regis-
tered architects and professional engineers, to self-certify the accept-
ance of their building permits. These self-certification programs allow
construction projects that already have proper zoning from the municipal
entity to.start construction sooner, thus speeding up the local permit-
ting process. This legislation is particularly timely given the fact
that the construction industry in New York State has been disproportion-
ately impacted by the COVID19 pandemic and programs such as this will
help put construction workers back to work sooner.
Importantly, this bill, which was modelled after best-practices adopted
across the country, does not affect the inspection process or the rest
of the building permit review process. It simply allows a municipality
to establish a program whereby a building permit may be issued based
upon certification of a registered architect or professional engineer,
licensed to practice in the state of New York, that the intended work as
set forth in the building permit application is in compliance with all
applicable building and zoning laws.
PRIOR LEGISLATIVE HISTORY:
This act shall take effect immediately.
STATE OF NEW YORK
2021-2022 Regular Sessions
March 17, 2021
Introduced by M. of A. STERN, THIELE, BROWN, GRIFFIN, DeSTEFANO, SMUL-
LEN, BRABENEC -- Multi-Sponsored by -- M. of A. LEMONDES -- read once
and referred to the Committee on Local Governments
AN ACT to amend the general municipal law, in relation to a program
allowing the issuance of building permits based on certain profes-
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
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
15 2. (a) Notwithstanding any law, rule or regulation to the contrary a
16 city, town or village may establish a program whereby a building permit
17 may be issued based upon certification by a registered architect
18 licensed to practice in the state of New York or a professional engineer
19 licensed to practice in the state of New York that the intended work as
20 set forth in the building permit application meets the requirements of
21 the Uniform Fire Prevention and Building Code and is in compliance with
22 all local laws and ordinances.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 is old law to be omitted.
A. 6450 2
1 (b) Such program shall require that persons certifying building,
2 drainage, grading or landscape design plans shall have:
3 (i) been licensed or registered in New York state for at least three
5 (ii) complete an initial training course for new self-certification
6 professionals and thereafter complete a training course at least once
7 every six years; and
8 (iii) be in good standing with the licensing agency.
9 (c) Such program shall include a requirement for a random audit of
10 applications for a building permit to ensure compliance.
11 (d) The provisions of this subdivision shall not apply to a city with
12 a population of one million or more.
13 § 2. This act shall take effect immediately.