NY Gen Mun L § 209-U (2021)
2021 New York Laws GMU - General Municipal Article 10 - Firefighters and Police Officers 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.