2013 New York Consolidated Laws
MRE - Multiple Residence
Article 8 - (300 - 307) 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. Firemen
  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  fireman
  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 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 fireman or firemen
  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 fireman to discover and properly report any such
  violations  or his neglect or omission to perform such duties, shall not
  subject him, his fire department, fire company, or  the  city,  village,
  fire  district or town in which or of which he is a fireman to any civil
  or other liability. Any such fireman shall not be liable civilly for any
  act or acts done by him as a fireman 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 fireman in the actual  performance  of  such  duty.
  Firemen  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 fireman 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.