S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4202--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 13, 2023
                                ___________
 
 Introduced  by  M.  of  A.  STERN, THIELE, RAMOS, JEAN-PIERRE, SILLITTI,
   K. BROWN -- read once and referred to the Committee on  Local  Govern-
   ments  --  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:
 
   Section 1. Section 125 of the general municipal law, as added by chap-
 ter 439 of the laws of 1998, is amended to read as follows:
   § 125. Issuance of building permits. 1. No city, town or village shall
 issue  a  building  permit  without  obtaining from the permit applicant
 either:
   [1.] (A) proof duly subscribed that  workers'  compensation  insurance
 and  disability  benefits  coverage  issued by an insurance carrier in a
 form  satisfactory  to  the chair of the  workers' compensation board as
 provided for in section fifty-seven of the workers' compensation law  is
 effective; or
   [2.]  (B)  an  affidavit that such permit applicant has not engaged an
 employer  or  any employees as those terms are defined in section two of
 the workers' compensation law to perform work relating to such  building
 permit.
   2.  (A)  NOTWITHSTANDING ANY LAW, RULE OR REGULATION TO THE CONTRARY A
 CITY, TOWN OR VILLAGE IN A COUNTY WITH A POPULATION OF ONE  MILLION  TWO
 HUNDRED  THOUSAND  OR  MORE, NOT WHOLLY CONTAINED WITHIN A CITY, OR IN A
 CITY WITH A POPULATION OF BETWEEN TWO  HUNDRED  NINE  THOUSAND  AND  TWO
 HUNDRED  TEN  THOUSAND AND IN A COUNTY WITH A POPULATION OF BETWEEN NINE
 HUNDRED NINETY THOUSAND AND ONE MILLION, MAY ESTABLISH A PROGRAM WHEREBY
 A BUILDING PERMIT MAY BE ISSUED BASED UPON A CERTIFICATION BY  A  REGIS-
 TERED  ARCHITECT  LICENSED  TO  PRACTICE  IN  THE STATE OF NEW YORK OR A
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02563-05-3
              

 A. 4202--A                          2
 
 PROFESSIONAL ENGINEER LICENSED TO PRACTICE IN THE STATE OF NEW YORK THAT
 THE INTENDED WORK AS SET FORTH IN THE BUILDING PERMIT APPLICATION  MEETS
 THE  REQUIREMENTS  OF  THE  UNIFORM  FIRE  PREVENTION AND BUILDING CODE,
 EXCLUDING THE APPROVAL OF FIRE SERVICE FEATURES AND COMPLIANCE WITH FIRE
 PROTECTION  AND  LIFE  SAFETY SYSTEMS AS DEFINED BY THE FIRE CODE OF NEW
 YORK STATE, OR ANY MORE RESTRICTIVE LOCAL PROVISIONS  RELATING  TO  FIRE
 SERVICES,  FIRE  PROTECTION  OR LIFE SAFETY SYSTEMS.  SUCH PROGRAM SHALL
 INCLUDE THE FOLLOWING REQUIREMENTS:
   (I) NO LATER THAN FORTY-FIVE  DAYS  AFTER  SUBMISSION  OF  A  BUILDING
 PERMIT  APPLICATION  WITH  A CERTIFICATION AS PROVIDED FOR HEREIN TO THE
 MUNICIPAL BUILDING DEPARTMENT SUCH APPLICATION SHALL BE DEEMED  APPROVED
 UNLESS DENIED;
   (II)  IN THE EVENT OF A DENIAL OF A BUILDING PERMIT APPLICATION WITH A
 CERTIFICATION THE BUILDING DEPARTMENT SHALL SET FORTH  THE  REASONS  FOR
 SUCH DENIAL AND SHALL CITE THE APPLICABLE PROVISIONS OF THE LAW OR REGU-
 LATION UPON WHICH SUCH DENIAL IS PREDICATED; AND
   (III)  A  RANDOM AUDIT OF APPLICATIONS FOR A BUILDING PERMIT TO ENSURE
 COMPLIANCE.  PROVIDED, HOWEVER, A CITY, TOWN, OR VILLAGE ESTABLISHING  A
 PROGRAM  PURSUANT  TO  THIS SECTION SHALL BE PROHIBITED FROM REDUCING OR
 ELIMINATING THE POSITION OF ANY  EMPLOYEE  INVOLVED  WITH  THE  BUILDING
 PERMIT  APPLICATION  PROCESS  DURING  THE EFFECTIVENESS OF THIS SECTION.
 ANY PROGRAM ESTABLISHED BY A CITY, TOWN  OR  VILLAGE  PURSUANT  TO  THIS
 PARAGRAPH   SHALL  BE  REFERRED  TO  AS  AN  "INDEPENDENT  CERTIFICATION
 PROGRAM".
   (B) THE WRONGFUL OR NEGLIGENT CERTIFICATION BY A LICENSED PROFESSIONAL
 PURSUANT TO THIS SECTION MAY  CONSTITUTE  PROFESSIONAL  MISCONDUCT,  AND
 REFERRAL  CAN  BE  MADE  TO  THE  STATE  EDUCATION  DEPARTMENT OFFICE OF
 PROFESSIONS UPON A FINDING OF WRONGDOING OR NEGLIGENCE BY  THE  LICENSED
 PROFESSIONAL  BY  THE  BUILDING  DEPARTMENT  WITH  JURISDICTION OVER THE
 PROJECT.
   § 2. This act shall take effect immediately and shall  expire  and  be
 deemed repealed October 1, 2025.