Assembly Bill A2039B

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2039
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 14, 2021
                                ___________
 
 Introduced  by  M.  of  A.  DILAN,  HEVESI,  D. ROSENTHAL, SAYEGH, COOK,
   ABINANTI,  PICHARDO,  REYES,  HYNDMAN,  McDONOUGH,  WILLIAMS,   GLICK,
   FERNANDEZ,  COLTON,  HUNTER, DICKENS, TAYLOR, BRAUNSTEIN, SEAWRIGHT --
   Multi-Sponsored by -- M. of A.   DE LA ROSA, SIMON --  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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD04794-01-1

 A. 2039                             2
 
   (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
 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.

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2039--A
                                                         Cal. No. 247
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 14, 2021
                                ___________
 
 Introduced  by  M.  of  A.  DILAN,  HEVESI,  D. ROSENTHAL, SAYEGH, COOK,
   ABINANTI,  PICHARDO,  REYES,  HYNDMAN,  McDONOUGH,  WILLIAMS,   GLICK,
   FERNANDEZ,  COLTON,  HUNTER, DICKENS, TAYLOR, BRAUNSTEIN, SEAWRIGHT --
   Multi-Sponsored by -- M. of A.   DE LA ROSA, SIMON --  read  once  and
   referred  to  the  Committee  on  Labor  --  reported  from committee,
   advanced to a third reading, amended and ordered reprinted,  retaining
   its place on the order of third reading
 
 AN  ACT  to  amend  the  administrative code of the city of New York, 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.  Chapter  5  of title 28 of the administrative code of the
 city of New York is amended by adding a  new  article  506  to  read  as
 follows:
                                ARTICLE 506
       MODULAR UNITS WITH ELECTRICAL, PLUMBING, AND FIRE SUPPRESSION
                                ASSEMBLIES
   § 28-506.1 DEFINITIONS. AS USED IN THIS ARTICLE:
   1.  "MODULAR  UNIT" SHALL MEAN COMPONENT PARTS ASSEMBLED AT A LOCATION
 OTHER THAN THE CONSTRUCTION SITE WHICH ARE  TO  BE  TRANSPORTED  TO  THE
 CONSTRUCTION SITE FOR INSTALLATION AS PART OF A MANUFACTURED BUILDING.
   2. "COMPONENT PARTS" 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.
   3. "MANUFACTURED BUILDING" SHALL MEAN A STRUCTURE CONSISTING OF ONE OR
 MORE TRANSPORTABLE MODULAR UNITS BUILT WITHIN A  MANUFACTURING  FACILITY
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD04794-06-1

 A. 2039--A                          2
 
 OR  FACILITIES,   WHERE SUCH BUILDING IS DESIGNED TO BE GREATER THAN SIX
 STORIES IN HEIGHT.
   § 28-506.2 OFF-SITE  ELECTRICAL,  PLUMBING, AND FIRE SUPPRESSION WORK.
 ALL ELECTRICAL, PLUMBING, AND  FIRE  SUPPRESSION  WORK  DURING  OFF-SITE
 ASSEMBLY  OF A MODULAR UNIT SHALL BE PERFORMED BY AN APPLICABLE LICENSEE
 PURSUANT TO  CHAPTER  FOUR  OF  THIS  TITLE  WITH  EMPLOYEES  UNDER  THE
 LICENSEE'S SUPERVISION.
   § 28-506.3 RECORDS  DEMONSTRATING COMPLIANCE. EACH LICENSEE PERFORMING
 OFF-SITE ASSEMBLIES PURSUANT TO  THIS  ARTICLE  SHALL  MAINTAIN  RECORDS
 DEMONSTRATING COMPLIANCE OF SUCH MODULAR UNIT PURSUANT TO THE PROVISIONS
 OF  THIS  TITLE  WITH  RESPECT TO THE TYPE OF WORK BEING PERFORMED. SUCH
 RECORDS SHALL BE MAINTAINED FOR AT LEAST SIX YEARS FROM THE DATE OF  THE
 ISSUANCE  OF  THE  FINAL  CERTIFICATE  OF OCCUPANCY FOR THE MANUFACTURED
 BUILDING.
   § 28-506.4 LICENSEE CERTIFICATION. PRIOR TO THE TRANSPORTATION OF  ANY
 MODULAR  UNIT  TO  THE CONSTRUCTION SITE FOR INSTALLATION, EACH LICENSEE
 SHALL SUBMIT A SIGNED AND SEALED CERTIFICATION TO THE DEPARTMENT ATTEST-
 ING TO THE COMPLIANCE OF SUCH MODULAR UNIT PURSUANT TO THE PROVISIONS OF
 THIS CODE WITH RESPECT TO THE TYPE OF WORK BEING PERFORMED. EACH MODULAR
 UNIT TRANSPORTED TO THE CONSTRUCTION SITE SHALL BE  ACCOMPANIED  WITH  A
 COPY OF THE APPLICABLE CERTIFICATIONS REQUIRED PURSUANT TO THIS SECTION.
 SUCH  CERTIFICATIONS SHALL BE SUBMITTED TO THE DEPARTMENT, IN A FORM AND
 MANNER AS DETERMINED BY THE DEPARTMENT,  AND  ALL  INSPECTORS  PRIOR  TO
 INSTALLATION  OF THE MODULAR UNIT AND SHALL BE MAINTAINED AT THE JOBSITE
 UNTIL THE COMPLETION OF THE MANUFACTURED BUILDING.
   § 28-506.5 OWNER CERTIFICATION. PRIOR TO  THE  ISSUANCE  OF  ANY  WORK
 PERMITS  ASSOCIATED  WITH  THE  ON-SITE  CONSTRUCTION  OF A MANUFACTURED
 BUILDING, THE OWNER OF SUCH MANUFACTURED BUILDING SHALL CERTIFY  TO  THE
 DEPARTMENT  THAT  HE  OR SHE HIRED THE APPROPRIATE LICENSEES PURSUANT TO
 CHAPTER FOUR OF THIS TITLE TO PERFORM ALL ELECTRICAL, PLUMBING, AND FIRE
 SUPPRESSION WORK FOR SUCH MODULAR UNIT WITH EMPLOYEES UNDER THE   LICEN-
 SEES' SUPERVISION.
   § 28-506.6 ON-SITE  CONSTRUCTION.  ALL  ELECTRICAL, PLUMBING, AND FIRE
 SUPPRESSION WORK NECESSARY FOR  INSTALLING  OR  CONNECTING  THE  MODULAR
 UNITS  ON  THE  CONSTRUCTION  SITE  SHALL  BE PERFORMED BY AN APPLICABLE
 LICENSEE PURSUANT TO CHAPTER FOUR OF THIS TITLE WITH EMPLOYEES UNDER THE
 LICENSEE'S SUPERVISION, PURSUANT TO A WORK PERMIT COVERING SUCH  INSTAL-
 LATIONS AND CONNECTIONS.
   § 2. This act shall take effect immediately.