§ 209-U — Notification of presence of hazardous materials

§ 209-u. Notification of presence of hazardous materials. 1. The\nknowledge of the presence of hazardous materials is vital to meeting the\ncontingencies of a fire or other emergency. It is the purpose of this\nsection to secure the health, safety and welfare of the public, protect\nthose called upon to respond to the emergency, encourage preparedness to\nmeet any danger, and promote planning for future demands for emergency\nservices by requiring the reporting of the presence of hazardous\nmaterials.\n 2. As used in this section:\n (a) the term "insured" or "policyholder" means the policyholder of a\nfire insurance policy insuring against a risk located in this state; and\n (aa) the term "person" means any individual, partnership, corporation\nor association; and\n (b) the term "insurer" means any insurance company authorized to do\nthe business of fire insurance in this state; and\n (c) for the purpose of this section hazardous materials shall be those\nwhich bear a label under requirements of the United States Department of\nTransportation or those listed on the form prescribed by the state fire\nadministrator.\n 3. Every person engaged in commerce in this state, excepting those\noperating as a farm, as defined by subdivision one of section six\nhundred seventy-one of the labor law who, based upon the experience of\nthe business in the use of hazardous materials during the previous year,\nmay have possession of hazardous materials at a permanent place of\nbusiness, a construction site or a temporary storage depot, shall report\nthe presence of such hazardous materials to the chief of the appropriate\nfire department, fire corporation, or fire company having responsibility\nfor fire protection of each location at which any such hazardous\nmaterial may be found. Upon receipt thereof, in counties which have an\noffice of county fire coordinator, the fire department, fire corporation\nor fire company, shall forward a copy of said report to the office of\nthe county fire coordinator.\n 4. A separate report shall be filed for each street address at which\nany such hazardous materials may be found. Such report shall be filed\nannually with such fire chief on a date to be determined by the state\nfire administrator in the manner prescribed by the state fire\nadministrator. Upon receipt thereof, in counties which have an office of\ncounty fire coordinator, the fire department, fire corporation or fire\ncompany, shall forward a copy of said report to the office of the county\nfire coordinator. Such report shall be printed by and supplied to\ninsurers upon their request by the office of fire prevention and\ncontrol. Failure to file as required in this section shall not be the\nbasis for denial by an insurer of an insured's claim under any policy in\nforce for said property. The filing by the person of a single report to\nany one fire department, fire corporation, or fire company shall be\nsufficient to meet the requirements of this section where hazardous\nmaterials may be found at more than one location at each street address\nfor which he must report.\n 5. An exemption from the provisions of subdivision three of this\nsection may be granted by the chief of the fire department, fire\ncorporation, or fire company where, in cooperation with or at the\ninvitation of the person, he chooses to make or causes his\nrepresentative to make an inspection of the person's place of business.\nAt the time of such inspection the person is required to inform the\nchief or his representative of any hazardous materials which are subject\nto the provisions of this section. Failure to inform shall constitute a\nviolation as set forth in subdivision eight of this section.\n 6. Exemptions from the provisions of subdivision three of this section\nmay also be granted by said chief as follows: (a) a general exemption if\nthe firefighting capability of the person is sufficient to defend\nagainst an emergency involving such hazardous material; (b) an\nexemption, based upon the need for confidentiality, from the reporting\nof specific hazardous materials. Requests for exemptions shall be in\nwriting and shall be filed annually with said chief. Such exemptions\nshall be filed with said chief and in counties which have an office of\ncounty fire coordinator, a copy of said exemption shall be forwarded by\nsaid chief to the office of county fire coordinator on a date to be\ndetermined by the state fire administrator in the manner prescribed by\nthe state fire administrator. Exemptions shall be in writing and shall\nexpire one year from the date granted. An exemption may be revoked if\nthe conditions provided in paragraph (a) or (b) of this subdivision no\nlonger exist.\n 7. The state fire administrator shall provide that the report form\nrequired in subdivision four of this section shall indicate the manner\nin which the exemption procedures granted herein shall be followed and\nalso that the form shall make provision for the signature of the fire\nchief for the purpose of certifying that an exemption to subdivision\nthree has been granted.\n 8. Any person who fails to report the presence of hazardous materials\nas required in this section shall be subject to a fine of not more than\ntwo hundred fifty dollars for the first offense, and upon being found\nguilty of a second or subsequent offense, by a fine of not less than two\nhundred fifty dollars or more than one thousand dollars. Except as\notherwise provided by law, such a violation shall not be a crime and the\npenalty or punishment imposed therefor shall not be deemed for any\npurpose a criminal penalty or punishment and shall not impose any\ndisability upon or affect or impair the credibility as a witness, or\notherwise, of a person found guilty thereof.\n