A 11680: Directs the uniform fire prevention and building code to adopt the International Code Council (ICC)/MBI 1200-2021 Standard for Off-site Construction: Planning, Design, Fabrication and Assembly, ICC/MBI 1205-2021 Standard for Off-site Construction, and ICC/MBI 1210-2023 Standard for Mechanical, Electrical, Plumbing Systems, Energy Efficiency and Water Conservation in Off-site Construction: Inspection and Regulatory Compliance relating to factory manufactured homes; permits third party review of factory manufactured homes.

  
  STATE OF NEW YORK ________________________________________________________________________ 11680  IN ASSEMBLY September 2, 2026 ___________ Introduced by COMMITTEE ON RULES -- (at request of M. of A. Simone) -- read once and referred to the Committee on Governmental Operations AN ACT to amend the executive law, in relation to adopting standards of the International code council for the design, fabrication and assem- bly of factory manufactured homes, and in relation to third party review of factory manufactured homes The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 2 of section 377 of the executive law, as added 2 by chapter 707 of the laws of 1981, paragraph a as amended by chapter 3 772 of the laws of 1986, is amended to read as follows: 4 2. The uniform fire prevention and building code shall: 5 a. provide reasonably uniform standards and requirements for 6 construction and construction materials for public and private build- 7 ings[, including factory manufactured homes,] consonant with accepted 8 standards of engineering and fire prevention practices; 9 b. formulate such standards and requirements, so far as may be practi- 10 cable, in terms of performance objectives, so as to make adequate 11 performance for the use intended the test of acceptability; 12 c. permit to the fullest extent feasible, use of modern technical 13 methods, devices and improvements which tend to reduce the cost of 14 construction without substantially affecting reasonable requirements for 15 the health, safety and security of the occupants or users of buildings; 16 d. encourage, so far as may be practicable, the standardization of 17 construction practices, methods, equipment, material and techniques; 18 [and] 19 e. adopt the International Code Council (ICC)/MBI 1200-2021 Standard 20 for Off-site Construction: Planning, Design, Fabrication and Assembly, 21 ICC/MBI 1205-2021 Standard for Off-site Construction, and ICC/MBI 1210- 22 2023 Standard for Mechanical, Electrical, Plumbing Systems, Energy Effi- 23 ciency and Water Conservation in Off-site Construction: Inspection and 24 Regulatory Compliance; and 25 f. eliminate restrictive, obsolete, conflicting and unnecessary build- 26 ing regulations and requirements which tend to increase unnecessarily EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD16140-02-6 
 A. 11680 2 1 construction costs or retard unnecessarily the use of new materials, or 2 provide unwarranted preferential treatment to types or classes of mate- 3 rial or products or methods of construction. 4 § 2. Paragraph c of subdivision 1 of section 383 of the executive law, 5 as amended by chapter 772 of the laws of 1986, is amended to read as 6 follows: 7 c. That, in cities with a population of over one million, the existing 8 building and fire prevention codes shall continue in full force and 9 effect beyond January one, nineteen hundred eighty-four unless the coun- 10 cil, after analysis and consultation with the building and fire offi- 11 cials of such cities, shall determine that said local code provisions 12 are less stringent than the uniform code. Existing local statutory, 13 regulatory and administrative laws and provisions of such cities shall 14 continue in full force and effect unless the foregoing is determined by 15 the council. Notwithstanding this paragraph, when such factory manufac- 16 tured homes are intended for use as one or two family dwelling units or 17 multiple dwellings of not more than two stories in height, provided such 18 multiple dwellings are not intended for use as hotels or motels, the 19 [provisions of this article and of the uniform fire prevention and 20 building code] International Code Council (ICC)/MBI 1200-2021 Standard 21 for Off-site Construction: Planning, Design, Fabrication and Assembly, 22 ICC/MBI 1205-2021 Standard for Off-site Construction, and ICC/MBI 1210- 23 2023 Standard for Mechanical, Electrical, Plumbing Systems, Energy Effi- 24 ciency and Water Conservation in Off-site Construction: Inspection and 25 Regulatory Compliance pertaining to factory manufactured homes shall 26 supersede any other provision of general, special or local law, ordi- 27 nance, administrative code, rule or regulation inconsistent or in 28 conflict therewith. 29 § 3. Paragraph g of subdivision 1 of section 381 of the executive law, 30 as amended by chapter 560 of the laws of 2010, is amended to read as 31 follows: 32 g. procedures for inspection of certain classes of buildings based 33 upon design, construction, ownership, occupancy or use, including, but 34 not limited to, mobile homes, factory manufactured homes and state-owned 35 buildings; provided that any plans or specifications of factory manufac- 36 tured homes which are in compliance with the standards adopted by the 37 International code council pursuant to paragraph e of subdivision two of 38 section three hundred seventy-seven of this article shall be approved by 39 unit serial number and may be used in subsequent development projects 40 pursuant to this subdivision provided that no modification has been made 41 to the building standards relating to factory manufactured homes pursu- 42 ant to article three hundred eighty-one-a of this article since the plan 43 or specification received its initial approval, 44 § 4. The executive law is amended by adding a new section 381-a to 45 read as follows: 46 § 381-a. Third party review of factory manufactured homes. 1. (a) The 47 department shall provide by regulation for qualification and disquali- 48 fication of design approval agencies to perform approval of factory 49 manufactured homes and factory manufactured development plans and spec- 50 ifications. The approvals of such design approval agencies shall be 51 deemed the equivalent of department approval. The regulations for quali- 52 fication of design approval agencies shall specifically provide for the 53 absence of any conflict of interest between manufacturers and design 54 approval agencies and for department oversight of design approval agency 55 performance through an audit process. 
 A. 11680 3 1 (b) An architect licensed pursuant to article one hundred forty-five 2 or one hundred forty-seven of the education law may perform approval of 3 factory manufactured housing and factory manufactured development plans 4 and specifications under penalty of perjury. Approvals by an engineer or 5 architect licensed in this state shall be deemed the equivalent of 6 department approval. The department shall provide by regulation for the 7 qualification of engineers and architects for this purpose. 8 2. (a) The department shall enforce and inspect the installation of 9 factory manufactured homes. The department shall provide by regulation 10 for the qualification and disqualification of installation inspection 11 agencies to perform inspections of the installation of factory manufac- 12 tured homes and the construction of factory manufactured developments. 13 The installation of factory manufactured homes and the construction of 14 factory manufactured developments shall be conducted in accordance with 15 the requirements of the building standards published in the New York 16 state uniform fire prevention and building code relating to factory 17 manufactured homes. 18 (b) Any plans or specifications of factory manufactured homes approved 19 by the department pursuant to this section shall be approved by unit 20 serial number and may be used in subsequent development projects pursu- 21 ant to this subdivision provided that no modification has been made to 22 the building standards relating to factory manufactured homes adopted 23 pursuant to this article since the plan or specification received its 24 initial approval. 25 3. (a) Local use zoning requirements, local snow load requirements, 26 local wind pressure requirements, local fire zones, building setbacks, 27 side and rear yard requirements, site development and property line 28 requirements, as well as the review and regulation of architectural and 29 aesthetic requirements are specifically and entirely reserved to local 30 jurisdictions notwithstanding any requirement of this section. 31 (b) Local requirements imposed on factory manufactured homes or facto- 32 ry manufactured developments pursuant to the authority granted by this 33 section shall not vary substantially from the requirements imposed on 34 other residential buildings of similar size. 35 4. The department shall hear appeals brought by any person regarding 36 the application to that person of any building standard published in the 37 New York state uniform fire prevention and building code relating to 38 factory manufactured homes or factory manufactured developments or to 39 any other rule or regulation of the department promulgated pursuant to 40 this article. 41 § 5. Subdivision 2 of section 382 of the executive law, as amended by 42 chapter 571 of the laws of 2021, is amended and a new subdivision 2-a is 43 added to read as follows: 44 2. Any person, having been served, either personally or by registered 45 or certified mail, with an order to remedy any condition found to exist 46 in, on, or about any building in violation of the uniform fire 47 prevention and building code, who shall fail to comply with such order 48 within the time fixed by the regulations promulgated by the secretary 49 pursuant to subdivision one of section three hundred eighty-one of this 50 article, such time period to be stated in the order, and any owner, 51 builder, architect, tenant, contractor, subcontractor, construction 52 superintendent or their agents or any other person taking part or 53 assisting in the construction of any building who shall knowingly 54 violate any of the applicable provisions of the uniform code or any 55 lawful order of a local government, a county or the secretary made ther- 56 eunder regarding standards for construction, maintenance, or fire 
 A. 11680 4 1 protection equipment and systems, shall be [punishable by a fine of not 2 more than one thousand dollars per day of violation, or imprisonment not 3 exceeding one year, or both for the first one hundred eighty days, and 4 for the following one hundred eighty days shall be punishable by a fine 5 of no less than twenty-five dollars and not more than one thousand 6 dollars per day of violation or imprisonment not exceeding one year, or 7 both and thereafter shall be punishable by a fine of no less than fifty 8 dollars and not more than one thousand dollars per day of violation or 9 imprisonment not exceeding one year, or both] guilty of a misdemeanor, 10 punishable by a fine not exceeding one thousand dollars or by imprison- 11 ment not exceeding thirty days, or by both such fine and imprisonment. 12 2-a. (a) For violations of section three hundred eighty-one-a of this 13 article, the department shall assess civil penalties of at least two 14 hundred fifty dollars but no more than two thousand dollars. When deter- 15 mining the amount of the civil penalty, the department shall take into 16 consideration whether one or more of the following or similar circum- 17 stances apply: 18 (i) The citation includes multiple violations; 19 (ii) The cited person has a history of violations of the same or simi- 20 lar provisions of this article and the regulations promulgated under 21 this article; 22 (iii) In the judgment of the department, the person has exhibited bad 23 faith or a conflict of interest; 24 (iv) In the judgment of the department, the violation is serious or 25 harmful; 26 (v) The citation involves a violation perpetrated against a senior 27 citizen, veteran, or person with disabilities; and 28 (vi) There is exculpatory evidence that, in the judgment of the 29 department, is material to the elements of the current violation for 30 which the citation is being issued and is significantly related to the 31 degree of fault. 32 (b) If a citation lists more than one violation and each of the 33 violations relates to the same manufacturing facility or client, the 34 total penalty assessment in each citation shall not exceed ten thousand 35 dollars. 36 (c) If a citation lists more than one violation, the amount of 37 assessed civil penalty shall be stated separately for each violation. 38 § 6. This act shall take effect on the ninetieth day after it shall 39 have become a law.