S T A T E O F N E W Y O R K
________________________________________________________________________
7947--A
2021-2022 Regular Sessions
I N A S S E M B L Y
June 2, 2021
___________
Introduced by M. of A. STERN, GRIFFIN, SILLITTI, K. BROWN, THIELE,
RAMOS, JEAN-PIERRE -- read once and referred to the Committee on Local
Governments -- recommitted to the Committee on Local Governments in
accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee
AN ACT to amend the general municipal law, in relation to building
permits; and providing for the repeal of such provisions upon expira-
tion thereof
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 IN A COUNTY WITH A POPULATION OF ONE MILLION TWO
HUNDRED THOUSAND OR MORE, NOT WHOLLY CONTAINED WITHIN A CITY, MAY ESTAB-
LISH A PROGRAM WHEREBY A BUILDING PERMIT MAY BE ISSUED BASED UPON A
CERTIFICATION BY A REGISTERED ARCHITECT LICENSED TO PRACTICE IN THE
STATE OF NEW YORK OR A PROFESSIONAL ENGINEER LICENSED TO PRACTICE IN THE
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03826-12-2
A. 7947--A 2
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, EXCLUDING THE APPROVAL OF FIRE SERVICE FEATURES AND
COMPLIANCE WITH FIRE PROTECTION AND LIFE SAFETY SYSTEMS AS DEFINED BY
THE FIRE CODE OF NEW YORK STATE, OR ANY MORE RESTRICTIVE LOCAL
PROVISIONS RELATING TO FIRE SERVICES, FIRE PROTECTION OR LIFE SAFETY
SYSTEMS. SUCH PROGRAM SHALL INCLUDE THE FOLLOWING REQUIREMENTS:
(I) NO LATER THAN FORTY-FIVE DAYS AFTER SUBMISSION OF A BUILDING
PERMIT APPLICATION WITH A CERTIFICATION AS PROVIDED FOR HEREIN TO THE
MUNICIPAL BUILDING DEPARTMENT SUCH APPLICATION SHALL BE DEEMED APPROVED
UNLESS DENIED;
(II) IN THE EVENT OF A DENIAL OF A BUILDING PERMIT APPLICATION WITH A
CERTIFICATION THE BUILDING DEPARTMENT SHALL SET FORTH THE REASONS FOR
SUCH DENIAL AND SHALL CITE THE APPLICABLE PROVISIONS OF THE LAW OR REGU-
LATION UPON WHICH SUCH DENIAL IS PREDICATED; AND
(III) A RANDOM AUDIT OF APPLICATIONS FOR A BUILDING PERMIT TO ENSURE
COMPLIANCE. PROVIDED, HOWEVER, A CITY, TOWN, OR VILLAGE ESTABLISHING A
PROGRAM PURSUANT TO THIS SECTION SHALL BE PROHIBITED FROM REDUCING OR
ELIMINATING THE POSITION OF ANY EMPLOYEE INVOLVED WITH THE BUILDING
PERMIT APPLICATION PROCESS DURING THE EFFECTIVENESS OF THIS SECTION.
ANY PROGRAM ESTABLISHED BY A CITY, TOWN OR VILLAGE PURSUANT TO THIS
PARAGRAPH SHALL BE REFERRED TO AS A "SELF-CERTIFICATION PROGRAM".
(B) THE WRONGFUL OR NEGLIGENT CERTIFICATION BY A LICENSED PROFESSIONAL
PURSUANT TO THIS SECTION MAY CONSTITUTE PROFESSIONAL MISCONDUCT, AND
REFERRAL CAN BE MADE TO THE STATE EDUCATION DEPARTMENT OFFICE OF
PROFESSIONS UPON A FINDING OF WRONGDOING OR NEGLIGENCE BY THE LICENSED
PROFESSIONAL BY THE BUILDING DEPARTMENT WITH JURISDICTION OVER THE
PROJECT.
§ 2. This act shall take effect immediately and shall expire and be
deemed repealed October 1, 2024.