S T A T E O F N E W Y O R K
________________________________________________________________________
9109
I N S E N A T E
November 30, 2020
___________
Introduced by Sen. GAUGHRAN -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
AN ACT to amend the executive law, in relation to acceptance by a munic-
ipal building department of professional certification of compliance
with the New York state uniform fire prevention and building code and
the New York state energy conservation construction code
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraphs h and i of subdivision 1 of section 381 of the
executive law, as added by chapter 560 of the laws of 2010, are amended
and a new paragraph j is added to read as follows:
h. minimum basic training and in-service training requirements for
personnel charged with administration and enforcement of the state ener-
gy conservation construction code; [and]
i. standards and procedures for measuring the rate of compliance with
the state energy conservation construction code, and provisions requir-
ing that such rate of compliance be measured on an annual basis[.]; AND
J. ESTABLISH A PROGRAM WHERE A MUNICIPAL DEPARTMENT OF BUILDINGS MAY
ACCEPT CONSTRUCTION DOCUMENTS REQUIRED TO BE FILED IN RELATION TO CODE
COMPLIANCE PRIOR TO ISSUANCE OF A CERTIFICATE OF OCCUPANCY WITH LESS
THAN FULL EXAMINATION BY THE MUNICIPAL DEPARTMENT OF BUILDINGS BASED ON
A PROFESSIONAL CERTIFICATION OF AN APPLICATION WHO IS AN ARCHITECT OR
ENGINEER REGISTERED WITH THE NEW YORK STATE DEPARTMENT OF EDUCATION AND
SUCH APPLICANT PROVIDES EVIDENCE OF INSURANCE COVERAGE WITH REQUIRED
LIMITS. SUCH PROGRAM SHALL INCLUDE A REQUIREMENT THAT THE MUNICIPAL
DEPARTMENT OF BUILDINGS SHALL AUDIT SUCH SUBMISSIONS ON A RANDOM BASIS.
FOR PURPOSES OF SUCH PROGRAM AND THE CODE, THE ACCEPTANCE OF
CONSTRUCTION DOCUMENTS, IN ACCORDANCE WITH THIS PROGRAM SHALL HAVE THE
SAME FORCE AND EFFECT AS THE APPROVAL OF CONSTRUCTION DOCUMENTS AFTER
FULL EXAMINATION BY A MUNICIPAL DEPARTMENT OF BUILDINGS. PARTICIPATION
IN SUCH PROGRAM SHALL BE AT THE OPTION OF THE MUNICIPALITY. THE SECRE-
TARY SHALL PROMULGATE ANY RULES AND REGULATIONS DEEMED NECESSARY TO
CARRY INTO EFFECT THE PROVISIONS OF THIS PARAGRAPH.
§ 2. This act shall take effect on the one hundred twentieth day after
it shall have become a law.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD17327-01-0