Assembly Bill A7675A

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7675--A
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               April 4, 2025
                                ___________
 
 Introduced  by M. of A. STERN, RAMOS, K. BROWN -- read once and referred
   to the Committee on Local Governments -- recommitted to the  Committee
   on  Local  Governments  in  accordance with Assembly Rule 3, sec. 2 --
   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:
 
   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-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00874-03-6
              

 A. 7675--A                          2
 
 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
 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  A  "PROFESSIONAL   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.