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A03077 Summary:

BILL NOA03077
 
SAME ASSAME AS S02225
 
SPONSORDilan
 
COSPNSRMeeks, Santabarbara, Williams, Burdick, Reilly
 
MLTSPNSR
 
Add §241-c, Lab L
 
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.
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A03077 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A3077
 
SPONSOR: Dilan
  TITLE OF BILL: An act to amend the labor law, in relation to modular construction work   PURPOSE OR GENERAL IDEA OF BILL: The purpose of this bill is to require that modular construction projects 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 with a population of one million or more.   SUMMARY OF PROVISIONS: Section one of the bill would add a new section 241-c of the labor law which would require that all electrical, plumbing, and fire suppression work during the off-site assembly of a modular unit for use in a city with a population of one million or more be performed by an applicable licensee with employees under the licensee's supervision. It would also require licensees to maintain records demonstrating compliance with such requirements and require owners to submit certifications to the New York City Department of Buildings demonstrating that he or she hired the appropriate licensees. Section two of the bill directs the commissioner of labor to conduct a statewide survey to examine the safety and codes compliance issues related to modular construction projects. Section three of the bill would establish the effective date.   DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE): The A-Print amendments moves these requirements from the New York State Labor Law to the New York City Administrative Code and clarifies the scope of the bill. The B-print amendments move the requirements from the NYC Admin Code to the NYS Labor Law but clarifies that the requirements are only applicable in cities of population greater than one million, and that enforcement of the section shall be by the New York City Department of Buildings. The B print amendments also add a survey requirement to examine the safety and codes compliance issues related to modular construction projects.   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 or certified by NYC-licensed entities familiar with the applicable laws, codes, and rules of the City of New York. This change assures that occu- pants of any modular building located in NYC are given the same level of protection as occupants of buildings completely constructed on-site.   PRIOR LEGISLATIVE HISTORY:   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: None noted.   EFFECTIVE DATE: This bill would take effect immediately.
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A03077 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          3077
 
                               2025-2026 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 23, 2025
                                       ___________
 
        Introduced  by M. of A. DILAN -- 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:
 
     1    Section  1.  The labor law is amended by adding a new section 241-c to
     2  read as follows:
     3    § 241-c. Modular construction work. 1. Definitions.  As used  in  this
     4  section the following terms shall have the following meanings:
     5    (a)  For the purposes of this section, "city" shall mean a city with a
     6  population of one million or more.
     7    (b) "Modular unit" shall mean component parts assembled at a  location
     8  other  than  the  construction site within a city which are to be trans-
     9  ported to the construction site for installation as part of  a  manufac-
    10  tured building.
    11    (c)  "Component  parts"  shall  mean  any sub-system, sub-assembly, or
    12  other system or fabrication designed for use in or as part of  a  struc-
    13  ture  in a city, which may include woodwork, cases, cabinets or counters
    14  and the fabrication of electrical, plumbing,  heating,  cooling,  venti-
    15  lation,  fire  protection,  exhaust  duct  systems, and mechanical insu-
    16  lation, or other systems affecting health and safety, designed and engi-
    17  neered for installation in the construction, repair, or renovation of  a
    18  manufactured building.
    19    (d)  "Manufactured  building" shall mean a structure consisting of one
    20  or more transportable modular units built within a manufacturing facili-
    21  ty or facilities, where such building is designed to be greater than six
    22  stories in height.
    23    2. Enforcement. Enforcement of this section shall be by the  New  York
    24  City Department of Buildings.
    25    3. Off-site electrical, plumbing, and fire suppression work. All elec-
    26  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.
                                                                   LBD06039-01-5

        A. 3077                             2
 
     1  a modular unit shall be performed by an applicable licensee with employ-
     2  ees under the licensee's supervision.
     3    4. Records demonstrating compliance. Each licensee performing off-site
     4  assemblies pursuant to this section shall maintain records demonstrating
     5  compliance  of  such  modular  unit  pursuant  to the provisions of this
     6  section with respect to the type of work being performed.  Such  records
     7  shall be maintained for at least six years from the date of the issuance
     8  of the final certificate of occupancy for the manufactured building.
     9    5.  Licensee certification. Prior to the transportation of any modular
    10  unit to the construction site  for  installation  within  a  city,  each
    11  licensee  shall  submit a signed and sealed certification to the depart-
    12  ment attesting to the compliance of such modular unit  pursuant  to  the
    13  provisions  of  this  section  with  respect  to  the type of work being
    14  performed. Each modular unit transported to the construction site within
    15  a city shall be accompanied with a copy of the applicable certifications
    16  required pursuant to this section. Such certifications shall be  submit-
    17  ted to the department, in a form and manner as determined by the depart-
    18  ment,  and  all inspectors prior to installation of the modular unit and
    19  shall be maintained at the jobsite until the completion of the  manufac-
    20  tured building.
    21    6.  Owner  certification.  Prior  to  the issuance of any work permits
    22  associated with the on-site  construction  of  a  manufactured  building
    23  within  a city, the owner of such manufactured building shall certify to
    24  the department that they hired the appropriate licensees to perform  all
    25  electrical,  plumbing,  and  fire suppression work for such modular unit
    26  with employees under the licensees' supervision.
    27    7.  On-site  construction.  All   electrical,   plumbing,   and   fire
    28  suppression  work  necessary  for  installing  or connecting the modular
    29  units on the construction site within a city shall be  performed  by  an
    30  applicable  licensee  with  employees  under the licensee's supervision,
    31  pursuant to a work permit covering such installations and connections.
    32    § 2. 1. The commissioner, in consultation with any  department,  divi-
    33  sion,  board,  bureau,  commission,  agency,  or public authority of the
    34  state or any political  subdivision  thereof  deemed  necessary  by  the
    35  commissioner, is directed to conduct a statewide survey which examines:
    36    (a)  whether construction of manufactured buildings conflicts with any
    37  local or state building codes,
    38    (b) existing obstacles that modular units, component parts, and  manu-
    39  factured buildings face in complying with local or state building codes,
    40    (c) the rate at which modular units, component parts, and manufactured
    41  buildings  are  used  in construction in each county of the state of New
    42  York,
    43    (d) the potential hazards that modular  units,  component  parts,  and
    44  manufactured buildings present when used in non-compliance with local or
    45  state building codes, and makes recommendations as to how:
    46    (i) local or state code enforcement officers can ensure modular units,
    47  component  parts,  and manufactured buildings comply with local or state
    48  building codes, and
    49    (ii) how to  mitigate  existing  obstacles  modular  units,  component
    50  parts,  and manufactured buildings face in complying with local or state
    51  building codes.
    52    2. The commissioner shall report the findings of such survey  findings
    53  to  the governor, the temporary president of the senate, and the speaker
    54  of the assembly no later than April 1st, 2027.
    55    § 3. This act shall take effect immediately.
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