BILL NUMBER: S7217
SPONSOR: MARTINEZ
 
PURPOSE OR GENERAL IDEA OF BILL:
This bill allows a local government in Nassau, Suffolk or Westchester
County, as well as the City of Yonkers to establish a process allowing
for the issuance of a building permit based upon an independent certif-
ication by a registered architect licensed to practice in the State of
New York or a professional engineer licensed to practice in the state.
 
SUMMARY OF PROVISIONS:
Section 1: Amends Section 125 of the General Municipal Law to allow
municipalities in Nassau, Suffolk or Westchester County, as well as the
City of Yonkers to adopt permitting process based upon an independent
certification from a registered architect licensed to practice in the
state, or a professional engineer licensed to practice in the state,
that the intended work meets the requirements of the Uniform Fire
Prevention and Building Code, excluding the inspection of fire service
features and compliance with fire protection and life safety measures,
along with locally adopted fire standards that are more restrictive. The
program would require that no positions within a building department be
reduced during the pendency of the program, that the independent certif-
ication would only apply to applications that were not denied by a
building department after 45 days, and that wrongful certification by a
licensed professional would be reportable to the state education depart-
ment by a building department. Any local program adopted pursuant to
this section would need to have a random audit provision to ensure
compliance.
Section 2: Sets the effective and expiration dates.
 
JUSTIFICATION:
Independent certification for building permits by licensed professionals
allows projects to move through the permitting process more efficiently.
Licensed professionals who are knowledgeable about the scope of a
particular project are capable of determining compliance with the
Uniform Fire Prevention and Building Code. Allowing municipalities the
option to initiate a permitting process containing this flexibility will
serve to decrease costs to local building departments, while still
ensuring the safety of the public through random audits.
 
PRIOR LEGISLATIVE HISTORY:
2023-2024: A4202-A - referred to local governments
2021-2022: A7947-A - referred to local governments
 
FISCAL IMPLICATIONS:
None to the State. May serve to decrease costs to local governments that
choose to participate.
 
EFFECTIVE DATE:
This act shall take effect immediately and shall expire and be deemed
repealed three years after such effective date.

Statutes affected:
S7217: 125 general municipal law