§ 303 — Enforcement

New York § 303

• Jurisdiction: New York
• Law MRE: Multiple Residence
• Art. 8: Requirements and Remedies

Text

§ 303. Enforcement. 1. The provisions of this chapter shall be\nenforced within each municipality by a person or department charged with\nsuch duty as provided in this section, provided, however, that in the\ncase of a town such person or department shall have power and\njurisdiction concerning such enforcement only with respect to such part\nof the town as is outside the limits of any village or city. Whenever in\nany city or village there is a person or department enforcing any\nbuilding code, or in any town there is a person or department enforcing\nany building code with respect to the whole or the portion thereof\noutside the limits of any village or city, the provisions of this\nchapter shall be enforced by such person or department in such city or\nvillage, or in such town or portion thereof, respectively. If there be\nno such person or department in and for a city or village, or in a town\nfor the whole or the portion thereof outside the limits of any city or\nvillage, the chief executive officer or, if there be none, the chief\nadministrative body or board of the city, village, or town,\nrespectively, shall have the power to and shall organize a department or\nshall designate or employ a person or department for the enforcement of\nthis chapter in such city or village, or in such town or portion\nthereof, respectively, and the provisions of this chapter shall be\nenforced therein by the department so organized or the person or\ndepartment so designated or employed. The person so designated or\nemployed to enforce this chapter in a city or village or in a town or\nportion thereof, or in two or more of them acting jointly, as\nhereinafter provided, need not be an elector of the city, village or\ntown, or of any of them, as the case may be, in or for which he is so\ndesignated or employed. A person assigned as a fire department inspector\npursuant to subdivision four of this section shall not by virtue of such\nassignment be disqualified from holding the office of enforcement\nofficer.\n 2. One such person or department may be designated or employed by two\nor more cities, villages or towns, acting jointly, for the enforcement\nof this chapter in such cities or villages, or in such towns or portions\nthereof, respectively, and such cities, villages and towns may make and\nperform agreements in connection therewith. Where two or more\nmunicipalities are so jointly acting, provision shall be made by each\nmunicipality for the appropriation, custody, audit, approval and payment\nof funds sufficient to defray the expense of operation of such person or\ndepartment, including salaries, in such municipality or municipalities\nor portion or portions thereof. Any joint agreement made as provided in\nthis section shall include provisions for the proportionate cost of the\nexpense of operation of such person or department, including salaries,\nto be borne by each municipality or portion thereof and the manner of\nemployment of personnel and may provide that a fiscal officer of one\nsuch municipality shall be the custodian of the moneys made available\nfor expenditure for the purposes of such enforcement by all such\nmunicipalities or portions thereof and that such fiscal officer may make\npayments therefrom upon audit of the appropriate auditing body or\nofficer of his municipality. In providing for the enforcement of this\nchapter in any municipality or portion thereof, a municipality may also\ncontract with another municipality to enforce this chapter within such\nmunicipality or portion thereof as required by this chapter, under such\nterms and conditions as may be stated in such contract, and any amount\nagreed to be paid under such contract shall be a charge upon the\nmunicipality or portion thereof for which such enforcement is provided\nand shall be paid in the same manner as other charges of the\nmunicipality.\n 3. The person or department charged with the duty of enforcing the\nprovisions of this chapter in a municipality or portion thereof shall\nhave power to enter, examine, and inspect, or cause to be examined and\ninspected, any building or property for the purpose of carrying out the\nduties of such person or department under this chapter. Such person or\ndepartment is authorized and empowered to issue departmental notices and\norders and is authorized to institute appropriate judicial action or\nproceeding to enforce any building code.\n 4. The fire department of any city, village or fire district, the fire\ndepartment of any town which as such has a fire department, and any fire\ncompany located in the area of a town outside villages and fire\ndistricts, may, with the approval of the chief executive officer or, if\nthere be none, the chief administrative body or board of the city,\nvillage or town, respectively, assign to one or more members of the fire\ndepartment or company, as the case may be, the duty of making\ninspections of buildings and properties which are subject to the\nprovisions of this chapter and are located in the area regularly served\nand protected by such fire department or company including areas\nprotected pursuant to a contract. The purpose of any such inspection\nshall be to determine whether the provisions of this chapter and the\nrules and regulations adopted and promulgated pursuant thereto in\nrelation to fire protection and safety are being complied with.\nFirefighters assigned to such duty shall have full power and authority\nto enter, examine and inspect any such building or property at such\ntimes and hours as are reasonably convenient. It shall be the duty of\nany firefighter so assigned to report any violations of such provisions\nof this chapter or of such rules and regulations to the person or\ndepartment charged with the duty of enforcing the provisions of this\nchapter in the city, town or village in which the building or property\nis located and also to the chief of his or her fire department or fire\ncompany, as the case may be. In the event that an area is served\npursuant to a fire protection contract by more than one fire department\nor fire company, the firefighter or firefighters assigned to perform\nsuch duty in such area shall report violations to the chief of each fire\ndepartment and fire company serving such area. The failure of any such\nfirefighter to discover and properly report any such violations or his\nneglect or omission to perform such duties, shall not subject him or\nher, his or her fire department, fire company, or the city, village,\nfire district or town in which or of which he or she is a firefighter to\nany civil or other liability. Any such firefighter shall not be liable\ncivilly for any act or acts done by him or her as a firefighter in the\nperformance of such duties, except for wilful negligence or malfeasance,\nbut the provisions of this subdivision shall not relieve any such city,\nvillage, fire district, town, or fire company from liability, if any,\nfor the negligent or wrongful acts of the firefighter in the actual\nperformance of such duty. Firefighters assigned to any such duty may be\nknown as fire inspectors but shall not, by reason of this law, be an\nofficer of any city, village, fire district or town or of any fire\ndepartment or fire company. Unless otherwise provided by some other law,\ngeneral, special or local, any such assignment of duty and the\ntermination of any such assignment shall be made by the chief of the\nfire department or the fire company, as the case may be. Before any such\ninspection is made, the firefighter assigned to perform such duty must\nbe approved by the chief executive officer or, if there be none, the\nchief administrative body or board of the city, village or town,\nrespectively, in which the inspection will be made.\n 5. Pending the organization of a department or designation of a person\nor department for the enforcement of this chapter in any city or\nvillage, or in a town outside any city or village, the chief executive\nofficer, or if there be none, the chief administrative body or board of\nthe city, village or town, shall be charged with the duty of enforcing\nthe provisions of this chapter in such city or village, or in such town\noutside a city or village, until such time as a department is organized\nor a person or department is designated or employed to enforce the\nprovisions of this chapter.\n 6. Notwithstanding the foregoing provisions of this section, this\nchapter shall be enforced within the county of Hamilton, in the manner\nprovided in this subdivision. On or before September first, nineteen\nhundred fifty-four, the board of supervisors of such county may, by\nlocal law, create an office or department, or designate a county office\nor department, for the purpose of enforcing the provisions of this\nchapter within such county. The office or department so created or\ndesignated shall succeed to and become vested with the duty of enforcing\nthe provisions of this chapter within each municipality in such county.\nAll provisions of this chapter, not inconsistent with this subdivision,\nshall apply to the enforcement of this chapter within such county by the\noffice or department so created or designated. The cost and expense of\nsuch enforcement shall be a county charge. In the event such board of\nsupervisors shall fail to provide for the enforcement of this chapter\npursuant to the foregoing provisions of this subdivision by such date,\nthen and in such event, the provisions of this chapter shall be enforced\nwithin each municipality in such county in the manner hereinbefore\nprovided in this section.\n