The New York State Senate

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  10249

                          I N  A S S E M B L Y

                             March 26, 2018
                               ___________

Introduced  by M. of A. DILAN -- 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:

  Section  1.  The labor law is amended by adding a new section 241-c to
read as follows:
  § 241-C. MODULAR CONSTRUCTION WORK. 1. AS USED IN THIS SECTION:
  (A) "CLOSED CONSTRUCTION" SHALL MEAN ANY BUILDING, BUILDING COMPONENT,
ASSEMBLY, OR SYSTEM MANUFACTURED IN SUCH A  MANNER  THAT  ALL  CONCEALED
PARTS  OR  PROCESSES OF MANUFACTURE CANNOT BE INSPECTED BEFORE INSTALLA-
TION AT THE BUILDING SITE WITHOUT DISASSEMBLY, DAMAGE, OR DESTRUCTION.
  (B) "COMPONENT" SHALL MEAN  ANY  SUB-SYSTEM,  SUB-ASSEMBLY,  OR  OTHER
SYSTEM  OR  FABRICATION  DESIGNED  FOR USE IN OR AS PART OF A STRUCTURE,
WHICH MAY INCLUDE WOODWORK, CASES, CABINETS OR COUNTERS AND  THE  FABRI-
CATION  OF  ELECTRICAL,  PLUMBING,  HEATING,  COOLING, VENTILATION, FIRE
PROTECTION, EXHAUST DUCT SYSTEMS, AND MECHANICAL  INSULATION,  OR  OTHER
SYSTEMS AFFECTING HEALTH AND SAFETY, DESIGNED AND ENGINEERED FOR INSTAL-
LATION  IN  THE  CONSTRUCTION,  REPAIR,  OR RENOVATION OF A MANUFACTURED
BUILDING.
  (C) "MANUFACTURED BUILDING" SHALL MEAN A STRUCTURE CONSISTING  OF  ONE
OR  MORE  TRANSPORTABLE  SECTIONS  OF CLOSED CONSTRUCTION BUILT WITHIN A
MANUFACTURING FACILITY WHEN SUCH BUILDING IS DESIGNED TO BE GREATER THAN
SIX STORIES IN HEIGHT.
  (D)"MANUFACTURING FACILITY" SHALL MEAN THE PLACE OR  PLACES  AT  WHICH
MACHINERY, EQUIPMENT, AND OTHER MATERIALS ARE ASSEMBLED AND OPERATED FOR
THE PURPOSES OF MAKING, FABRICATING, FORMING, OR ASSEMBLING MANUFACTURED
BUILDINGS OR COMPONENTS.
  (E)  "MODULAR CONSTRUCTION" SHALL MEAN ALL ASPECTS OF THE CONSTRUCTION
OF A MANUFACTURED BUILDING.
  (F) "MUNICIPAL" OR "MUNICIPALITY" SHALL MEAN A CITY WITH A  POPULATION
OF ONE MILLION OR MORE.
  2.  MODULAR  CONSTRUCTION  SHALL  COMPLY  WITH  ANY EXISTING MUNICIPAL
LICENSING  REQUIREMENTS  FOR  ALL   ELECTRICAL,   PLUMBING,   AND   FIRE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                      [ ] is old law to be omitted.
                                                           LBD15199-01-8

A. 10249                            2

SUPPRESSION  WORK,  INCLUDING LICENSING REQUIREMENTS THAT REQUIRE PLUMB-
ING, FIRE SUPPRESSION, AND ELECTRICAL WORK TO BE DONE UNDER  THE  DIRECT
AND  CONTINUING  SUPERVISION  OF A PERSON LICENSED BY SUCH MUNICIPALITY,
WHETHER  ANY  PHASE OF SUCH CONSTRUCTION IS DONE WITHIN THE GEOGRAPHICAL
BOUNDARIES OF SUCH MUNICIPALITY OR IN A MANUFACTURING  FACILITY  LOCATED
OUTSIDE   THE   MUNICIPALITY.   NO  MUNICIPALITY  SHALL  EXEMPT  MODULAR
CONSTRUCTION FROM ANY SUCH LICENSING REQUIREMENTS AND SHALL CONSIDER ALL
PHASES  OF  SUCH  MODULAR  CONSTRUCTION   THE   SAME   AS   CONVENTIONAL
CONSTRUCTION  ERECTED  WITHIN THE GEOGRAPHICAL BOUNDARIES OF THE MUNICI-
PALITY FOR PURPOSES OF SUCH LICENSING REQUIREMENTS.
  § 2. Section 242 of the labor law, as amended by chapter  367  of  the
laws of 1969, is amended to read as follows:
  §  242.  Application  and enforcement of article.  Notwithstanding any
other law or regulation, local or general, the provisions of this  arti-
cle  and  the  rules  issued  thereunder shall be applicable exclusively
throughout the state and the commissioner shall have exclusive authority
to enforce this article and the rules  issued  thereunder.  SECTION  TWO
HUNDRED  FORTY-ONE-C  OF THIS ARTICLE SHALL SUPERSEDE ANY EXISTING STATE
OR LOCAL LAW OR RULE EXCEPT  ANY  REQUIREMENTS  ALREADY  EXISTING  UNDER
ARTICLE  TWENTY-ONE-B  OF  THE  EXECUTIVE  LAW; FURTHER, NO MUNICIPALITY
SHALL ADOPT A  LAW  OR  REGULATION  WHICH  IS  INTENDED  TO  REDUCE  THE
RESTRICTIONS  AS  SET  FORTH  IN SECTION TWO HUNDRED FORTY-ONE-C OF THIS
ARTICLE.
  § 3. This act shall take effect immediately.