NY State Senate Bill S4738

Archive: Last Bill Status - Vetoed by Governor

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
Vetoed by Governor

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Actions

view actions (33)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Dec 28, 2022	vetoed memo.180
Dec 16, 2022	delivered to governor
Jun 03, 2022	returned to senate passed assembly
Jun 01, 2022	ordered to third reading rules cal.519 substituted for a2039b
May 31, 2022	referred to ways and means returned to assembly repassed senate
May 25, 2022	amended on third reading 4738a
May 25, 2022	vote reconsidered - restored to third reading returned to senate recalled from assembly
Mar 21, 2022	referred to labor delivered to assembly passed senate
Jan 12, 2022	advanced to third reading
Jan 11, 2022	2nd report cal.
Jan 10, 2022	1st report cal.80
Jan 05, 2022	referred to labor returned to senate died in assembly
Jun 07, 2021	recommitted to labor substitution reconsidered
May 04, 2021	ordered to third reading cal.247 substituted for a2039
Mar 25, 2021	referred to labor delivered to assembly passed senate
Mar 18, 2021	advanced to third reading
Mar 17, 2021	2nd report cal.
Mar 16, 2021	1st report cal.594
Feb 10, 2021	referred to labor

Votes

Bill Amendments

Original

A (Active)

Original

A (Active)

Co-Sponsors

S4738 - Details

See Assembly Version of this Bill:: A2039
Law Section:: Labor Law
Laws Affected:: Add §241-c, amd §242, Lab L
Versions Introduced in Other Legislative Sessions:: 2017-2018: A10249
2019-2020: S5420, A2933
2023-2024: S5422, A2512

S4738 - 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.

S4738 - Sponsor Memo

 
BILL NUMBER: S4738

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 famil-
iar 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 occu-
pants of buildings completely constructed on-site.

 
PRIOR LEGISLATIVE HISTORY:

2020: S5420 (Ramos)- Referred to labor, committed to rules

 
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.

S4738 - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4738
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 10, 2021
                                ___________
 
 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.
                                                            LBD04794-01-1

 S. 4738                             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.

Co-Sponsors

S4738A (ACTIVE) - Details

See Assembly Version of this Bill:: A2039
Law Section:: Labor Law
Laws Affected:: Add §241-c, amd §242, Lab L
Versions Introduced in Other Legislative Sessions:: 2017-2018: A10249
2019-2020: S5420, A2933
2023-2024: S5422, A2512

S4738A (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.

S4738A (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S4738A

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 increases 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 famil-
iar 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 occu-
pants of buildings completely constructed on-site.

 
PRIOR. LEGISLATIVE HISTORY:

2021: S4738 (Ramos)-Passed the Senate

2020: S5420 (Ramos)- Referred to labor, committed to rules

 
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.

S4738A (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4738--A
     Cal. No. 80
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 10, 2021
                                ___________
 
 Introduced  by  Sens.  RAMOS, MATTERA -- read twice and ordered printed,
   and when printed to be committed to the Committee on Labor  --  recom-
   mitted  to  the  Committee  on Labor in accordance with Senate Rule 6,
   sec. 8 -- reported favorably from said committee, ordered to first and
   second report, ordered to a third reading, passed by Senate and deliv-
   ered to the Assembly, recalled, vote reconsidered, restored  to  third
   reading,  amended  and  ordered  reprinted, retaining its place in the
   order of third reading
 
 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. DEFINITIONS. AS USED IN  THIS  SECTION  THE  FOLLOWING  TERMS
 SHALL HAVE THE FOLLOWING MEANINGS:
   (A)  FOR THE PURPOSES OF THIS SECTION, "CITY" SHALL MEAN A CITY WITH A
 POPULATION OF ONE MILLION OR MORE.
   (B) "MODULAR UNIT" SHALL MEAN COMPONENT PARTS ASSEMBLED AT A  LOCATION
 OTHER  THAN  THE  CONSTRUCTION SITE WITHIN A CITY WHICH ARE TO BE TRANS-
 PORTED TO THE CONSTRUCTION SITE FOR INSTALLATION AS PART OF  A  MANUFAC-
 TURED BUILDING.
   (C)  "COMPONENT  PARTS"  SHALL  MEAN  ANY SUB-SYSTEM, SUB-ASSEMBLY, OR
 OTHER SYSTEM OR FABRICATION DESIGNED FOR USE IN OR AS PART OF  A  STRUC-
 TURE  IN A CITY, WHICH MAY INCLUDE WOODWORK, CASES, CABINETS OR COUNTERS
 AND THE FABRICATION OF ELECTRICAL, PLUMBING,  HEATING,  COOLING,  VENTI-
 LATION,  FIRE  PROTECTION,  EXHAUST  DUCT  SYSTEMS, AND MECHANICAL INSU-
 LATION, OR OTHER SYSTEMS AFFECTING HEALTH AND SAFETY, DESIGNED AND ENGI-
 NEERED FOR INSTALLATION IN THE CONSTRUCTION, REPAIR, OR RENOVATION OF  A
 MANUFACTURED BUILDING.
   (D)  "MANUFACTURED  BUILDING" SHALL MEAN A STRUCTURE CONSISTING OF ONE
 OR MORE TRANSPORTABLE MODULAR UNITS BUILT WITHIN A MANUFACTURING FACILI-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD04794-09-2
 S. 4738--A                          2
 
 TY OR FACILITIES, WHERE SUCH BUILDING IS DESIGNED TO BE GREATER THAN SIX
 STORIES IN HEIGHT.
   2.  ENFORCEMENT.  ENFORCEMENT OF THIS SECTION SHALL BE BY THE NEW YORK
 CITY DEPARTMENT OF BUILDINGS.
   3. OFF-SITE ELECTRICAL, PLUMBING, AND FIRE SUPPRESSION WORK. ALL ELEC-
 TRICAL, PLUMBING, AND FIRE SUPPRESSION WORK DURING OFF-SITE ASSEMBLY  OF
 A MODULAR UNIT SHALL BE PERFORMED BY AN APPLICABLE LICENSEE WITH EMPLOY-
 EES UNDER THE LICENSEE'S SUPERVISION.
   4. RECORDS DEMONSTRATING COMPLIANCE. EACH LICENSEE PERFORMING OFF-SITE
 ASSEMBLIES PURSUANT TO THIS SECTION SHALL MAINTAIN RECORDS DEMONSTRATING
 COMPLIANCE  OF  SUCH  MODULAR  UNIT  PURSUANT  TO THE PROVISIONS OF THIS
 SECTION 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.
   5.  LICENSEE CERTIFICATION. PRIOR TO THE TRANSPORTATION OF ANY MODULAR
 UNIT TO THE CONSTRUCTION SITE  FOR  INSTALLATION  WITHIN  A  CITY,  EACH
 LICENSEE  SHALL  SUBMIT A SIGNED AND SEALED CERTIFICATION TO THE DEPART-
 MENT ATTESTING TO THE COMPLIANCE OF SUCH MODULAR UNIT  PURSUANT  TO  THE
 PROVISIONS  OF  THIS  SECTION  WITH  RESPECT  TO  THE TYPE OF WORK BEING
 PERFORMED. EACH MODULAR UNIT TRANSPORTED TO THE CONSTRUCTION SITE WITHIN
 A CITY SHALL BE ACCOMPANIED WITH A COPY OF THE APPLICABLE CERTIFICATIONS
 REQUIRED PURSUANT TO THIS SECTION. SUCH CERTIFICATIONS SHALL BE  SUBMIT-
 TED TO THE DEPARTMENT, IN A FORM AND MANNER AS DETERMINED BY THE DEPART-
 MENT,  AND  ALL INSPECTORS PRIOR TO INSTALLATION OF THE MODULAR UNIT AND
 SHALL BE MAINTAINED AT THE JOBSITE UNTIL THE COMPLETION OF THE  MANUFAC-
 TURED BUILDING.
   6.  OWNER  CERTIFICATION.  PRIOR  TO  THE ISSUANCE OF ANY WORK PERMITS
 ASSOCIATED WITH THE ON-SITE  CONSTRUCTION  OF  A  MANUFACTURED  BUILDING
 WITHIN  A CITY, THE OWNER OF SUCH MANUFACTURED BUILDING SHALL CERTIFY TO
 THE DEPARTMENT THAT HE OR SHE HIRED THE APPROPRIATE LICENSEES TO PERFORM
 ALL ELECTRICAL, PLUMBING, AND FIRE SUPPRESSION  WORK  FOR  SUCH  MODULAR
 UNIT WITH EMPLOYEES UNDER THE LICENSEES' SUPERVISION.
   7.   ON-SITE   CONSTRUCTION.   ALL   ELECTRICAL,  PLUMBING,  AND  FIRE
 SUPPRESSION WORK NECESSARY FOR  INSTALLING  OR  CONNECTING  THE  MODULAR
 UNITS  ON  THE  CONSTRUCTION SITE WITHIN A CITY SHALL BE PERFORMED BY AN
 APPLICABLE LICENSEE WITH EMPLOYEES  UNDER  THE  LICENSEE'S  SUPERVISION,
 PURSUANT TO A WORK PERMIT COVERING SUCH INSTALLATIONS AND CONNECTIONS.
   §  2.  1. The commissioner, in consultation with any department, divi-
 sion, board, bureau, commission, agency,  or  public  authority  of  the
 state  or  any  political  subdivision  thereof  deemed necessary by the
 commissioner, is directed to conduct a statewide survey which examines:
   (a) whether construction of manufactured buildings conflicts with  any
 local or state building codes,
   (b)  existing obstacles that modular units, component parts, and manu-
 factured buildings face in complying with local or state building codes,
   (c) the rate at which modular units, component parts, and manufactured
 buildings are used in construction in each county of the  state  of  New
 York,
   (d)  the  potential  hazards  that modular units, component parts, and
 manufactured buildings present when used in non-compliance with local or
 state building codes, and makes recommendations as to how:
   (i) local or state code enforcement officers can ensure modular units,
 component parts, and manufactured buildings comply with local  or  state
 building codes, and
 S. 4738--A                          3
 
   (ii)  how  to  mitigate  existing  obstacles  modular units, component
 parts, and manufactured buildings face in complying with local or  state
 building codes.
   2.  The commissioner shall report the findings of such survey findings
 to the governor, the temporary president of the senate, and the  speaker
 of the assembly no later than April 1st, 2024.
   § 3. This act shall take effect immediately.

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The New York State Senate

senate Bill S4738

Sponsored By

Archive: Last Bill Status - Vetoed by Governor

Your Voice

Actions

Votes

May 31, 2022 - floor Vote

Floor Vote: May 31, 2022

Mar 21, 2022 - floor Vote

Floor Vote: Mar 21, 2022

Jan 10, 2022 - Labor committee Vote

Labor Committee Vote: Jan 10, 2022

Mar 25, 2021 - floor Vote

Floor Vote: Mar 25, 2021

Mar 16, 2021 - Labor committee Vote

Labor Committee Vote: Mar 16, 2021

Bill Amendments

Co-Sponsors

S4738 - Details

S4738 - Summary

S4738 - Sponsor Memo

S4738 - Bill Text download pdf

Co-Sponsors

S4738A (ACTIVE) - Details

S4738A (ACTIVE) - Summary

S4738A (ACTIVE) - Sponsor Memo

S4738A (ACTIVE) - Bill Text download pdf

Comments

senate Bill S4738

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Sponsored By

Jessica Ramos

Archive: Last Bill Status - Vetoed by Governor

Your Voice

Actions

Votes

May 31, 2022 - floor Vote

Floor Vote: May 31, 2022

Mar 21, 2022 - floor Vote

Floor Vote: Mar 21, 2022

Jan 10, 2022 - Labor committee Vote

Labor Committee Vote: Jan 10, 2022

Mar 25, 2021 - floor Vote

Floor Vote: Mar 25, 2021

Mar 16, 2021 - Labor committee Vote

Labor Committee Vote: Mar 16, 2021

Bill Amendments

Co-Sponsors

Mario R. Mattera

S4738 - Details

S4738 - Summary

S4738 - Sponsor Memo

S4738 - Bill Text download pdf

Co-Sponsors

Mario R. Mattera

S4738A (ACTIVE) - Details

S4738A (ACTIVE) - Summary

S4738A (ACTIVE) - Sponsor Memo

S4738A (ACTIVE) - Bill Text download pdf

Comments