STATE OF NEW YORK ________________________________________________________________________ 2933 2019-2020 Regular Sessions IN ASSEMBLY January 28, 2019 ___________ 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. As used in this section: 4 (a) "Closed construction" shall mean any building, building component, 5 assembly, or system manufactured in such a manner that all concealed 6 parts or processes of manufacture cannot be inspected before installa- 7 tion at the building site without disassembly, damage, or destruction. 8 (b) "Component" shall mean any sub-system, sub-assembly, or other 9 system or fabrication designed for use in or as part of a structure, 10 which may include woodwork, cases, cabinets or counters and the fabri- 11 cation of electrical, plumbing, heating, cooling, ventilation, fire 12 protection, exhaust duct systems, and mechanical insulation, or other 13 systems affecting health and safety, designed and engineered for instal- 14 lation in the construction, repair, or renovation of a manufactured 15 building. 16 (c) "Manufactured building" shall mean a structure consisting of one 17 or more transportable sections of closed construction built within a 18 manufacturing facility when such building is designed to be greater than 19 six stories in height. 20 (d)"Manufacturing facility" shall mean the place or places at which 21 machinery, equipment, and other materials are assembled and operated for 22 the purposes of making, fabricating, forming, or assembling manufactured 23 buildings or components. 24 (e) "Modular construction" shall mean all aspects of the construction 25 of a manufactured building. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04789-01-9

A. 2933 2 1 (f) "Municipal" or "municipality" shall mean a city with a population 2 of one million or more. 3 2. Modular construction shall comply with any existing municipal 4 licensing requirements for all electrical, plumbing, and fire 5 suppression work, including licensing requirements that require plumb- 6 ing, fire suppression, and electrical work to be done under the direct 7 and continuing supervision of a person licensed by such municipality, 8 whether any phase of such construction is done within the geographical 9 boundaries of such municipality or in a manufacturing facility located 10 outside the municipality. No municipality shall exempt modular 11 construction from any such licensing requirements and shall consider all 12 phases of such modular construction the same as conventional 13 construction erected within the geographical boundaries of the munici- 14 pality for purposes of such licensing requirements. 15 § 2. Section 242 of the labor law, as amended by chapter 367 of the 16 laws of 1969, is amended to read as follows: 17 § 242. Application and enforcement of article. Notwithstanding any 18 other law or regulation, local or general, the provisions of this arti- 19 cle and the rules issued thereunder shall be applicable exclusively 20 throughout the state and the commissioner shall have exclusive authority 21 to enforce this article and the rules issued thereunder. Section two 22 hundred forty-one-c of this article shall supersede any existing state 23 or local law or rule except any requirements already existing under 24 article twenty-one-b of the executive law; further, no municipality 25 shall adopt a law or regulation which is intended to reduce the 26 restrictions as set forth in section two hundred forty-one-c of this 27 article. 28 § 3. This act shall take effect immediately.

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