2023 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.