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This entry was published on 2019-01-11
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SECTION 189
Fire inspection of property in contract areas
Town (TWN) CHAPTER 62, ARTICLE 11
§ 189. Fire inspection of property in contract areas. The chief
officer of the fire department or fire company which is to furnish fire
protection service in a fire district, fire alarm district or fire
protection district under a contract for fire protection entered into
pursuant to the provisions of subdivision twenty-two of section one
hundred seventy-six, section one hundred eighty-three or section one
hundred eighty-four of this chapter may inspect (1) any public building
and (2) with the consent of the owner, any privately-owned building,
located within the fire district, fire alarm district or fire protection
district or the portion thereof required to be protected under such
contract, for fire hazards, or such chief officer may delegate such
power of inspection to an officer or member of such department or
company.

The term "building," as used in this section does not include a
multiple dwelling which may be inspected by such fire department or
company under and pursuant to the provisions of subdivision four of
section three hundred three of the multiple residence law.

The failure of any such officer or member to discover and properly
report any such fire hazards or his or her 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 fire officer or member 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 section 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 officer or member in the
actual performance of such duty.