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 ofthe 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.