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A06450 Summary:

BILL NOA06450
 
SAME ASNo Same As
 
SPONSORStern (MS)
 
COSPNSRThiele, Brown, Griffin, DeStefano, Smullen, Brabenec
 
MLTSPNSRLemondes
 
Amd §125, Gen Muni L
 
Authorizes localities to establish a program to allow the issuance of building permits based on certain professional certifications.
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A06450 Actions:

BILL NOA06450
 
03/17/2021referred to local governments
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A06450 Memo:

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 certifications   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.   JUSTIFICATION: 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: New bill.   FISCAL IMPLICATIONS: None.   EFFECTIVE DATE: This act shall take effect immediately.
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A06450 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          6450
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                     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-
          sional certifications
 
          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 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.
                                                                   LBD08540-02-1

        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
     4  years;
     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.
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