Assembly Bill A7675

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7675
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               April 4, 2025
                                ___________
 
 Introduced  by  M.  of A. STERN, RAMOS, O'PHARROW, K. BROWN -- read once
   and referred to the Committee on Local Governments
 
 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, OR IN A
 CITY WITH A POPULATION OF BETWEEN TWO  HUNDRED  NINE  THOUSAND  AND  TWO
 HUNDRED  TEN  THOUSAND AND IN A COUNTY WITH A POPULATION OF BETWEEN NINE
 HUNDRED NINETY THOUSAND AND ONE MILLION, MAY ESTABLISH A PROGRAM WHEREBY
 A BUILDING PERMIT MAY BE ISSUED BASED UPON A CERTIFICATION BY  A  REGIS-
 TERED  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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00874-02-5
              

 A. 7675                             2
 
 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  AN  "INDEPENDENT   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 three years after such effective date.