N.Y. Town Law § 189: Fire inspection of property in contract areas

§ 189. Fire inspection of property in contract areas. The chief

officer of the fire department or fire company which is to furnish fire

protection service in a fire district, fire alarm district or fire

protection district under a contract for fire protection entered into

pursuant to the provisions of subdivision twenty-two of section one

hundred seventy-six, section one hundred eighty-three or section one

hundred eighty-four of this chapter may inspect (1) any public building

and (2) with the consent of the owner, any privately-owned building,

located within the fire district, fire alarm district or fire protection

district or the portion thereof required to be protected under such

contract, for fire hazards, or such chief officer may delegate such

power of inspection to an officer or member of such department or

company.

The term "building," as used in this section does not include a

multiple dwelling which may be inspected by such fire department or

company under and pursuant to the provisions of subdivision four of

section three hundred three of the multiple residence law.

The failure of any such officer or member to discover and properly

report any such fire hazards or his or her 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 fire officer or member 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 section 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 officer or member in the

actual performance of such duty.