BILL NUMBER: S2225
SPONSOR: RAMOS
 
TITLE OF BILL:
An act to amend the labor law, in relation to modular construction work
 
PURPOSE:
To require that modular construction projects (whether units installed
in buildings or new construction) 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
having a population of one million or more.
 
SUMMARY OF PROVISIONS:
This legislation amends Article 10 of the Labor Law as it relates to
building construction, demolition, and repair work by adding a new
section 241-c on modular construction work. Subdivision-a proposes a
definition of modular construction work, which is not contained in the
Labor Law. Subdivision b requires that modular construction must comply
with existing municipal licensing requirements of a city with a popu-
lation of one million or more pertaining to electrical, plumbing, and
fire suppression work regardless if any phase of such construction is
done within the geographical boundaries of such municipality.
 
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and provides certain consumer protections, it is an outdated law, having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 by NYC-licensed entities famil-
iar with the applicable laws, codes, and rules of the City of New York.
This change in the Labor Law assures that occupants of any modular
building located in NYC are given the same level of protection as occu-
pants of buildings completely constructed on-site.
 
LEGISLATIVE HISTORY:
2024: Reported and Committed to Finance
2023: S5422 - Referred to Labor
2022: S4738A (Ramos)- Vetoed
2021: S4738 (Ramos)-Passed the Senate
2020: S5420 (Ramos)- Referred to labor, committed to rules
 
FISCAL IMPACT:
None.
 
EFFECTIVE DATE:
This act shall take effect on the one hundred-twentieth day after it
shall have become a law.