STATE OF NEW YORK ________________________________________________________________________ 5614--A 2023-2024 Regular Sessions IN SENATE March 8, 2023 ___________ Introduced by Sens. MARTINEZ, THOMAS -- read twice and ordered printed, and when printed to be committed to the Committee on Local Government -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee 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: 1 Section 1. Section 125 of the general municipal law, as added by chap- 2 ter 439 of the laws of 1998, is amended to read as follows: 3 § 125. Issuance of building permits. 1. No city, town or village shall 4 issue a building permit without obtaining from the permit applicant 5 either: 6 [1.] (a) proof duly subscribed that workers' compensation insurance 7 and disability benefits coverage issued by an insurance carrier in a 8 form satisfactory to the chair of the workers' compensation board as 9 provided for in section fifty-seven of the workers' compensation law is 10 effective; or 11 [2.] (b) an affidavit that such permit applicant has not engaged an 12 employer or any employees as those terms are defined in section two of 13 the workers' compensation law to perform work relating to such building 14 permit. 15 2. (a) Notwithstanding any law, rule or regulation to the contrary a 16 city, town or village in a county with a population of one million two 17 hundred thousand or more, not wholly contained within a city, or in a 18 city with a population of between two hundred nine thousand and two 19 hundred ten thousand and in a county with a population of between nine 20 hundred ninety thousand and one million, may establish a program whereby 21 a building permit may be issued based upon a certification by a regis- 22 tered architect licensed to practice in the state of New York or a EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02563-06-3
S. 5614--A 2 1 professional engineer licensed to practice in the state of New York that 2 the intended work as set forth in the building permit application meets 3 the requirements of the Uniform Fire Prevention and Building Code, 4 excluding the approval of fire service features and compliance with fire 5 protection and life safety systems as defined by the fire code of New 6 York state, or any more restrictive local provisions relating to fire 7 services, fire protection or life safety systems. Such program shall 8 include the following requirements: 9 (i) no later than forty-five days after submission of a building 10 permit application with a certification as provided for herein to the 11 municipal building department such application shall be deemed approved 12 unless denied; 13 (ii) in the event of a denial of a building permit application with a 14 certification the building department shall set forth the reasons for 15 such denial and shall cite the applicable provisions of the law or regu- 16 lation upon which such denial is predicated; and 17 (iii) a random audit of applications for a building permit to ensure 18 compliance. Provided, however, a city, town, or village establishing a 19 program pursuant to this section shall be prohibited from reducing or 20 eliminating the position of any employee involved with the building 21 permit application process during the effectiveness of this section. 22 Any program established by a city, town or village pursuant to this 23 paragraph shall be referred to as an "independent certification 24 program". 25 (b) The wrongful or negligent certification by a licensed professional 26 pursuant to this section may constitute professional misconduct, and 27 referral can be made to the state education department office of 28 professions upon a finding of wrongdoing or negligence by the licensed 29 professional by the building department with jurisdiction over the 30 project. 31 § 2. This act shall take effect immediately and shall expire and be 32 deemed repealed October 1, 2025.