NY Mult Res L § 303 (2021)
2021 New York Laws MRE - Multiple Residence Article 8 - Requirements and Remedies 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.