NY State Senate Bill 2019-S5420

Archive: Last Bill Status - In Senate Committee Rules Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Dec 28, 2020	committed to rules
Mar 10, 2020	advanced to third reading
Mar 04, 2020	2nd report cal.
Mar 03, 2020	1st report cal.574
Jan 08, 2020	referred to labor
Apr 30, 2019	referred to labor

Votes

- Mar 3, 2020 - Labor Committee Vote
  S5420
  
  11
  
  Aye
  
  1
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Labor Committee Vote: Mar 3, 2020
      
      aye (11)
      
      Funke
      
      Gallivan
      
      Gounardes
      
      Harckham
      
      Jackson
      
      Martinez
      
      Mayer
      
      Persaud
      
      Ramos
      
      Sanders Jr.
      
      Savino
      
      nay (1)
      
      Akshar
      
      aye wr (1)
      
      Lanza

co-Sponsors

View additional co-sponsors

2019-S5420 (ACTIVE) - Details

See Assembly Version of this Bill:: A2933
Current Committee:: Senate Rules
Law Section:: Labor Law
Laws Affected:: Add §241-c, amd §242, Lab L
Versions Introduced in Other Legislative Sessions:: 2017-2018: A10249
2021-2022: S4738, A2039
2023-2024: S5422, A2512

2019-S5420 (ACTIVE) - Summary

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.

2019-S5420 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S5420

SPONSOR: RAMOS
 
TITLE OF BILL:  An act to amend the labor law, in relation to modular
construction work

 
PURPOSE OR GENERAL IDEA OF BILL:

To require that modular construction projects (whether units installed
in buildings or new construction) comply with applicable local plumbing,
gas piping, electrical, and fire suppression licensing requirements,
whenever such final construction project is to be located in a city
having a population of one million or more.

 
SUMMARY OF PROVISIONS:

This legislation amends Article 10 of the Labor Law as it relates to
building construction, demolition, and repair work by adding a new
section 241-c on modular construction work. Subdivision-a proposes a
definition of modular construction work, which is not contained in the
Labor Law. Subdivision b requires that modular construction must comply

with existing municipal licensing requirements of a city with a popu-
lation of one million or more pertaining to electrical, plumbing, and
fire suppression work regardless if any phase of such construction is
done within the geographical boundaries of such municipality.

 
JUSTIFICATION:

The use of modular construction in high rise residential, commercial and
institutional buildings (such as hospitals) in New York City is a recent
phenomenon. While the Executive Law currently covers manufactured homes,
and provides certain consumer protections, it is an outdated law, having
been passed in 2005 to implement the federal Manufactured Housing
Improvement Act of 2000, and therefore does not address NYC's current
problem. Presently, modular construction is not subject to the same
standards for plumbing, gas piping, electrical, and fire suppression
work as construction done on site within New York City. This makes no
practical sense and greatly in creases the likelihood of code violations
in such modular buildings.  In 2014, the NYC Department of Buildings
issued Buildings Bulletin 2014-003 stating that modular construction
units must be certified either by NYC licensees or by a "third party"
entity otherwise "approved" by the Department. However, there have been
various instances of the third-party certification process failing,
resulting in required repairs to such modular units by NYC licensees. To
protect the public from potential safety and health issues, it is
crucial that the actual work in these modular units be performed by
NYC-licensed entities familiar with the applicable laws, codes, and
rules of the City of New York. This change in the Labor Law assures that
occupants of any modular building located in NYC are given the same
level of protection as occupants of buildings completely constructed
on-site.

 
PRIOR LEGISLATIVE HISTORY:

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

 
EFFECTIVE DATE:
This act shall take effect on the one hundred twentieth day after it
shall have become a law.

2019-S5420 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5420
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              April 30, 2019
                                ___________
 
 Introduced  by  Sen.  RAMOS  -- read twice and ordered printed, and when
   printed to be committed 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

 S. 5420                             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.

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Senate Bill S5420

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee

Mar 3, 2020 - Labor Committee Vote

Labor Committee Vote: Mar 3, 2020

co-Sponsors

2019-S5420 (ACTIVE) - Details

2019-S5420 (ACTIVE) - Summary

2019-S5420 (ACTIVE) - Sponsor Memo

2019-S5420 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S5420

Share this bill

Sponsored By

Jessica Ramos

Archive: Last Bill Status - In Senate Committee Rules Committee

co-Sponsors

Joseph P. Addabbo Jr.

Leroy Comrie

Andrew Gounardes

Pete Harckham

2019-S5420 (ACTIVE) - Details

2019-S5420 (ACTIVE) - Summary

2019-S5420 (ACTIVE) - Sponsor Memo

2019-S5420 (ACTIVE) - Bill Text download pdf

Comments