The New York State Senate

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

                                  2933

                       2019-2020 Regular Sessions

                          I N  A S S E M B L Y

                            January 28, 2019
                               ___________

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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04789-01-9

A. 2933                             2

  (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
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.