S T A T E O F N E W Y O R K
________________________________________________________________________
6450
2021-2022 Regular Sessions
I N A S S E M B L Y
March 17, 2021
___________
Introduced by M. of A. STERN, THIELE, BROWN, GRIFFIN, DeSTEFANO, SMUL-
LEN, BRABENEC -- Multi-Sponsored by -- M. of A. LEMONDES -- read once
and referred to the Committee on Local Governments
AN ACT to amend the general municipal law, in relation to a program
allowing the issuance of building permits based on certain profes-
sional certifications
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 125 of the general municipal law, as added by chap-
ter 439 of the laws of 1998, is amended to read as follows:
§ 125. Issuance of building permits. 1. No city, town or village shall
issue a building permit without obtaining from the permit applicant
either:
[1.] (A) proof duly subscribed that workers' compensation insurance
and disability benefits coverage issued by an insurance carrier in a
form satisfactory to the chair of the workers' compensation board as
provided for in section fifty-seven of the workers' compensation law is
effective; or
[2.] (B) an affidavit that such permit applicant has not engaged an
employer or any employees as those terms are defined in section two of
the workers' compensation law to perform work relating to such building
permit.
2. (A) NOTWITHSTANDING ANY LAW, RULE OR REGULATION TO THE CONTRARY A
CITY, TOWN OR VILLAGE MAY ESTABLISH A PROGRAM WHEREBY A BUILDING PERMIT
MAY BE ISSUED BASED UPON CERTIFICATION BY A REGISTERED ARCHITECT
LICENSED TO PRACTICE IN THE STATE OF NEW YORK OR A PROFESSIONAL ENGINEER
LICENSED TO PRACTICE IN THE STATE OF NEW YORK THAT THE INTENDED WORK AS
SET FORTH IN THE BUILDING PERMIT APPLICATION MEETS THE REQUIREMENTS OF
THE UNIFORM FIRE PREVENTION AND BUILDING CODE AND IS IN COMPLIANCE WITH
ALL LOCAL LAWS AND ORDINANCES.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08540-02-1
A. 6450 2
(B) SUCH PROGRAM SHALL REQUIRE THAT PERSONS CERTIFYING BUILDING,
DRAINAGE, GRADING OR LANDSCAPE DESIGN PLANS SHALL HAVE:
(I) BEEN LICENSED OR REGISTERED IN NEW YORK STATE FOR AT LEAST THREE
YEARS;
(II) COMPLETE AN INITIAL TRAINING COURSE FOR NEW SELF-CERTIFICATION
PROFESSIONALS AND THEREAFTER COMPLETE A TRAINING COURSE AT LEAST ONCE
EVERY SIX YEARS; AND
(III) BE IN GOOD STANDING WITH THE LICENSING AGENCY.
(C) SUCH PROGRAM SHALL INCLUDE A REQUIREMENT FOR A RANDOM AUDIT OF
APPLICATIONS FOR A BUILDING PERMIT TO ENSURE COMPLIANCE.
(D) THE PROVISIONS OF THIS SUBDIVISION SHALL NOT APPLY TO A CITY WITH
A POPULATION OF ONE MILLION OR MORE.
§ 2. This act shall take effect immediately.