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
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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.