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A02039 Summary:

COSPNSRHevesi, Rosenthal D, Cook, Abinanti, Pichardo, Reyes, Hyndman, McDonough, Williams, Glick, Fernandez, Colton, Hunter, Dickens, Taylor, Braunstein, Seawright
MLTSPNSRDe La Rosa, Simon
Add §241-c, Lab L
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.
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A02039 Text:

                STATE OF NEW YORK
                               2021-2022 Regular Sessions
                   IN ASSEMBLY
                                    January 14, 2021
        Introduced  by  M.  of  A.  DILAN,  HEVESI,  D. ROSENTHAL, SAYEGH, COOK,
          sored by -- M. of A. SIMON -- read once and referred to the  Committee
          on  Labor  --  reported  from  committee, advanced to a third reading,
          amended and ordered reprinted, retaining its place  on  the  order  of
          third  reading  -- recommitted to the Committee on Labor in accordance
          with Assembly Rule 3, sec. 2 -- committee  discharged,  bill  amended,
          ordered reprinted as amended and recommitted to said committee
        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.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        A. 2039--B                          2
     1    (d) "Manufactured building" shall mean a structure consisting  of  one
     2  or more transportable modular units built within a manufacturing facili-
     3  ty or facilities, where such building is designed to be greater than six
     4  stories in height.
     5    2.  Enforcement.  Enforcement of this section shall be by the New York
     6  City Department of Buildings.
     7    3. Off-site electrical, plumbing, and fire suppression work. All elec-
     8  trical, plumbing, and fire suppression work during off-site assembly  of
     9  a modular unit shall be performed by an applicable licensee with employ-
    10  ees under the licensee's supervision.
    11    4. Records demonstrating compliance. Each licensee performing off-site
    12  assemblies pursuant to this section shall maintain records demonstrating
    13  compliance  of  such  modular  unit  pursuant  to the provisions of this
    14  section with respect to the type of work being performed.  Such  records
    15  shall be maintained for at least six years from the date of the issuance
    16  of the final certificate of occupancy for the manufactured building.
    17    5.  Licensee certification. Prior to the transportation of any modular
    18  unit to the construction site  for  installation  within  a  city,  each
    19  licensee  shall  submit a signed and sealed certification to the depart-
    20  ment attesting to the compliance of such modular unit  pursuant  to  the
    21  provisions  of  this  section  with  respect  to  the type of work being
    22  performed. Each modular unit transported to the construction site within
    23  a city shall be accompanied with a copy of the applicable certifications
    24  required pursuant to this section. Such certifications shall be  submit-
    25  ted to the department, in a form and manner as determined by the depart-
    26  ment,  and  all inspectors prior to installation of the modular unit and
    27  shall be maintained at the jobsite until the completion of the  manufac-
    28  tured building.
    29    6.  Owner  certification.  Prior  to  the issuance of any work permits
    30  associated with the on-site  construction  of  a  manufactured  building
    31  within  a city, the owner of such manufactured building shall certify to
    32  the department that he or she hired the appropriate licensees to perform
    33  all electrical, plumbing, and fire suppression  work  for  such  modular
    34  unit with employees under the licensees' supervision.
    35    7.   On-site   construction.   All   electrical,  plumbing,  and  fire
    36  suppression work necessary for  installing  or  connecting  the  modular
    37  units  on  the  construction site within a city shall be performed by an
    38  applicable licensee with employees  under  the  licensee's  supervision,
    39  pursuant to a work permit covering such installations and connections.
    40    §  2.  1. The commissioner, in consultation with any department, divi-
    41  sion, board, bureau, commission, agency,  or  public  authority  of  the
    42  state  or  any  political  subdivision  thereof  deemed necessary by the
    43  commissioner, is directed to conduct a statewide survey which examines:
    44    (a) whether construction of manufactured buildings conflicts with  any
    45  local or state building codes,
    46    (b)  existing obstacles that modular units, component parts, and manu-
    47  factured buildings face in complying with local or state building codes,
    48    (c) the rate at which modular units, component parts, and manufactured
    49  buildings are used in construction in each county of the  state  of  New
    50  York,
    51    (d)  the  potential  hazards  that modular units, component parts, and
    52  manufactured buildings present when used in non-compliance with local or
    53  state building codes, and makes recommendations as to how:
    54    (i) local or state code enforcement officers can ensure modular units,
    55  component parts, and manufactured buildings comply with local  or  state
    56  building codes, and

        A. 2039--B                          3
     1    (ii)  how  to  mitigate  existing  obstacles  modular units, component
     2  parts, and manufactured buildings face in complying with local or  state
     3  building codes.
     4    2.  The commissioner shall report the findings of such survey findings
     5  to the governor, the temporary president of the senate, and the  speaker
     6  of the assembly no later than April 1st, 2024.
     7    § 3. This act shall take effect immediately.
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