N.Y. General Municipal Law § 209-u: Notification of presence of hazardous materials

§ 209-u. Notification of presence of hazardous materials. 1. The

knowledge of the presence of hazardous materials is vital to meeting the

contingencies of a fire or other emergency. It is the purpose of this

section to secure the health, safety and welfare of the public, protect

those called upon to respond to the emergency, encourage preparedness to

meet any danger, and promote planning for future demands for emergency

services by requiring the reporting of the presence of hazardous

materials.

2. As used in this section:

(a) the term "insured" or "policyholder" means the policyholder of a

fire insurance policy insuring against a risk located in this state; and

(aa) the term "person" means any individual, partnership, corporation

or association; and

(b) the term "insurer" means any insurance company authorized to do

the business of fire insurance in this state; and

(c) for the purpose of this section hazardous materials shall be those

which bear a label under requirements of the United States Department of

Transportation or those listed on the form prescribed by the state fire

administrator.

3. Every person engaged in commerce in this state, excepting those

operating as a farm, as defined by subdivision one of section six

hundred seventy-one of the labor law who, based upon the experience of

the business in the use of hazardous materials during the previous year,

may have possession of hazardous materials at a permanent place of

business, a construction site or a temporary storage depot, shall report

the presence of such hazardous materials to the chief of the appropriate

fire department, fire corporation, or fire company having responsibility

for fire protection of each location at which any such hazardous

material may be found. Upon receipt thereof, in counties which have an

office of county fire coordinator, the fire department, fire corporation

or fire company, shall forward a copy of said report to the office of

the county fire coordinator.

4. A separate report shall be filed for each street address at which

any such hazardous materials may be found. Such report shall be filed

annually with such fire chief on a date to be determined by the state

fire administrator in the manner prescribed by the state fire

administrator. Upon receipt thereof, in counties which have an office of

county fire coordinator, the fire department, fire corporation or fire

company, shall forward a copy of said report to the office of the county

fire coordinator. Such report shall be printed by and supplied to

insurers upon their request by the office of fire prevention and

control. Failure to file as required in this section shall not be the

basis for denial by an insurer of an insured's claim under any policy in

force for said property. The filing by the person of a single report to

any one fire department, fire corporation, or fire company shall be

sufficient to meet the requirements of this section where hazardous

materials may be found at more than one location at each street address

for which he must report.

5. An exemption from the provisions of subdivision three of this

section may be granted by the chief of the fire department, fire

corporation, or fire company where, in cooperation with or at the

invitation of the person, he chooses to make or causes his

representative to make an inspection of the person's place of business.

At the time of such inspection the person is required to inform the

chief or his representative of any hazardous materials which are subject

to the provisions of this section. Failure to inform shall constitute a

violation as set forth in subdivision eight of this section.

6. Exemptions from the provisions of subdivision three of this section

may also be granted by said chief as follows: (a) a general exemption if

the firefighting capability of the person is sufficient to defend

against an emergency involving such hazardous material; (b) an

exemption, based upon the need for confidentiality, from the reporting

of specific hazardous materials. Requests for exemptions shall be in

writing and shall be filed annually with said chief. Such exemptions

shall be filed with said chief and in counties which have an office of

county fire coordinator, a copy of said exemption shall be forwarded by

said chief to the office of county fire coordinator on a date to be

determined by the state fire administrator in the manner prescribed by

the state fire administrator. Exemptions shall be in writing and shall

expire one year from the date granted. An exemption may be revoked if

the conditions provided in paragraph (a) or (b) of this subdivision no

longer exist.

7. The state fire administrator shall provide that the report form

required in subdivision four of this section shall indicate the manner

in which the exemption procedures granted herein shall be followed and

also that the form shall make provision for the signature of the fire

chief for the purpose of certifying that an exemption to subdivision

three has been granted.

8. Any person who fails to report the presence of hazardous materials

as required in this section shall be subject to a fine of not more than

two hundred fifty dollars for the first offense, and upon being found

guilty of a second or subsequent offense, by a fine of not less than two

hundred fifty dollars or more than one thousand dollars. Except as

otherwise provided by law, such a violation shall not be a crime and the

penalty or punishment imposed therefor shall not be deemed for any

purpose a criminal penalty or punishment and shall not impose any

disability upon or affect or impair the credibility as a witness, or

otherwise, of a person found guilty thereof.