S T A T E O F N E W Y O R K
________________________________________________________________________
2512
2023-2024 Regular Sessions
I N A S S E M B L Y
January 26, 2023
___________
Introduced by M. of A. DILAN, HEVESI, D. ROSENTHAL, COOK, REYES, HYND-
MAN, McDONOUGH, WILLIAMS, GLICK, COLTON, HUNTER, DICKENS, TAYLOR,
BRAUNSTEIN, SEAWRIGHT -- Multi-Sponsored by -- M. of A. 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. 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-
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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03153-01-3
A. 2512 2
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
(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, 2025.
§ 3. This act shall take effect immediately.