N.Y. Multiple Residence Law § 303: Enforcement

§ 303. Enforcement. 1. The provisions of this chapter shall be

enforced within each municipality by a person or department charged with

such duty as provided in this section, provided, however, that in the

case of a town such person or department shall have power and

jurisdiction concerning such enforcement only with respect to such part

of the town as is outside the limits of any village or city. Whenever in

any city or village there is a person or department enforcing any

building code, or in any town there is a person or department enforcing

any building code with respect to the whole or the portion thereof

outside the limits of any village or city, the provisions of this

chapter shall be enforced by such person or department in such city or

village, or in such town or portion thereof, respectively. If there be

no such person or department in and for a city or village, or in a town

for the whole or the portion thereof outside the limits of any city or

village, the chief executive officer or, if there be none, the chief

administrative body or board of the city, village, or town,

respectively, shall have the power to and shall organize a department or

shall designate or employ a person or department for the enforcement of

this chapter in such city or village, or in such town or portion

thereof, respectively, and the provisions of this chapter shall be

enforced therein by the department so organized or the person or

department so designated or employed. The person so designated or

employed to enforce this chapter in a city or village or in a town or

portion thereof, or in two or more of them acting jointly, as

hereinafter provided, need not be an elector of the city, village or

town, or of any of them, as the case may be, in or for which he is so

designated or employed. A person assigned as a fire department inspector

pursuant to subdivision four of this section shall not by virtue of such

assignment be disqualified from holding the office of enforcement

officer.

2. One such person or department may be designated or employed by two

or more cities, villages or towns, acting jointly, for the enforcement

of this chapter in such cities or villages, or in such towns or portions

thereof, respectively, and such cities, villages and towns may make and

perform agreements in connection therewith. Where two or more

municipalities are so jointly acting, provision shall be made by each

municipality for the appropriation, custody, audit, approval and payment

of funds sufficient to defray the expense of operation of such person or

department, including salaries, in such municipality or municipalities

or portion or portions thereof. Any joint agreement made as provided in

this section shall include provisions for the proportionate cost of the

expense of operation of such person or department, including salaries,

to be borne by each municipality or portion thereof and the manner of

employment of personnel and may provide that a fiscal officer of one

such municipality shall be the custodian of the moneys made available

for expenditure for the purposes of such enforcement by all such

municipalities or portions thereof and that such fiscal officer may make

payments therefrom upon audit of the appropriate auditing body or

officer of his municipality. In providing for the enforcement of this

chapter in any municipality or portion thereof, a municipality may also

contract with another municipality to enforce this chapter within such

municipality or portion thereof as required by this chapter, under such

terms and conditions as may be stated in such contract, and any amount

agreed to be paid under such contract shall be a charge upon the

municipality or portion thereof for which such enforcement is provided

and shall be paid in the same manner as other charges of the

municipality.

3. The person or department charged with the duty of enforcing the

provisions of this chapter in a municipality or portion thereof shall

have power to enter, examine, and inspect, or cause to be examined and

inspected, any building or property for the purpose of carrying out the

duties of such person or department under this chapter. Such person or

department is authorized and empowered to issue departmental notices and

orders and is authorized to institute appropriate judicial action or

proceeding to enforce any building code.

4. The fire department of any city, village or fire district, the fire

department of any town which as such has a fire department, and any fire

company located in the area of a town outside villages and fire

districts, may, with the approval of the chief executive officer or, if

there be none, the chief administrative body or board of the city,

village or town, respectively, assign to one or more members of the fire

department or company, as the case may be, the duty of making

inspections of buildings and properties which are subject to the

provisions of this chapter and are located in the area regularly served

and protected by such fire department or company including areas

protected pursuant to a contract. The purpose of any such inspection

shall be to determine whether the provisions of this chapter and the

rules and regulations adopted and promulgated pursuant thereto in

relation to fire protection and safety are being complied with.

Firefighters assigned to such duty shall have full power and authority

to enter, examine and inspect any such building or property at such

times and hours as are reasonably convenient. It shall be the duty of

any firefighter so assigned to report any violations of such provisions

of this chapter or of such rules and regulations to the person or

department charged with the duty of enforcing the provisions of this

chapter in the city, town or village in which the building or property

is located and also to the chief of his or her fire department or fire

company, as the case may be. In the event that an area is served

pursuant to a fire protection contract by more than one fire department

or fire company, the firefighter or firefighters assigned to perform

such duty in such area shall report violations to the chief of each fire

department and fire company serving such area. The failure of any such

firefighter to discover and properly report any such violations or his

neglect or omission to perform such duties, shall not subject him or

her, his or her fire department, fire company, or the city, village,

fire district or town in which or of which he or she is a firefighter to

any civil or other liability. Any such firefighter shall not be liable

civilly for any act or acts done by him or her as a firefighter in the

performance of such duties, except for wilful negligence or malfeasance,

but the provisions of this subdivision shall not relieve any such city,

village, fire district, town, or fire company from liability, if any,

for the negligent or wrongful acts of the firefighter in the actual

performance of such duty. Firefighters assigned to any such duty may be

known as fire inspectors but shall not, by reason of this law, be an

officer of any city, village, fire district or town or of any fire

department or fire company. Unless otherwise provided by some other law,

general, special or local, any such assignment of duty and the

termination of any such assignment shall be made by the chief of the

fire department or the fire company, as the case may be. Before any such

inspection is made, the firefighter assigned to perform such duty must

be approved by the chief executive officer or, if there be none, the

chief administrative body or board of the city, village or town,

respectively, in which the inspection will be made.

5. Pending the organization of a department or designation of a person

or department for the enforcement of this chapter in any city or

village, or in a town outside any city or village, the chief executive

officer, or if there be none, the chief administrative body or board of

the city, village or town, shall be charged with the duty of enforcing

the provisions of this chapter in such city or village, or in such town

outside a city or village, until such time as a department is organized

or a person or department is designated or employed to enforce the

provisions of this chapter.

6. Notwithstanding the foregoing provisions of this section, this

chapter shall be enforced within the county of Hamilton, in the manner

provided in this subdivision. On or before September first, nineteen

hundred fifty-four, the board of supervisors of such county may, by

local law, create an office or department, or designate a county office

or department, for the purpose of enforcing the provisions of this

chapter within such county. The office or department so created or

designated shall succeed to and become vested with the duty of enforcing

the provisions of this chapter within each municipality in such county.

All provisions of this chapter, not inconsistent with this subdivision,

shall apply to the enforcement of this chapter within such county by the

office or department so created or designated. The cost and expense of

such enforcement shall be a county charge. In the event such board of

supervisors shall fail to provide for the enforcement of this chapter

pursuant to the foregoing provisions of this subdivision by such date,

then and in such event, the provisions of this chapter shall be enforced

within each municipality in such county in the manner hereinbefore

provided in this section.