2006 New York Code - 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.