The Chief of the Fire Department and the Code Enforcement Officer (as defined in Chapter 95) are hereby authorized to inspect, or cause to be inspected by the Fire Department officers, the Code Enforcement Officer, or any duly authorized representative, all buildings and premises, except the interiors of dwellings, as often as may be necessary for the purpose of ascertaining and causing to be corrected any conditions liable to cause fire or endanger life from fire, or any violations of the provisions or intent of this code and of any other ordinance affecting the fire hazard.
The Chief of the Fire Department and the Code Enforcement Officer,
or any authorized representative of either, may, at all reasonable
hours, enter any building or premises for the purpose of making any
inspection or investigation which, under the provisions of this code,
he or they may deem necessary to be made.
Whenever any of the officers or inspectors of the Fire Department
or the Code Enforcement Officer or his authorized representative shall
find in any building or upon any premises dangerous or hazardous conditions
or materials or any other violation of the Uniform Code or this chapter,
he or they shall order such dangerous conditions or materials to be
removed or remedied in such manner as may be specified by the Chief
of the Fire Department, the Code Enforcement Officer or his representative.
The Chief of the Fire Department shall promptly notify the Code
Enforcement Officer of any fire or explosion involving any structural
damage, fuel-burning appliance, chimney or gas vent.
A.
Fire safety and property maintenance inspections of buildings and
structures shall be performed by the Chief of the Fire Department,
the Code Enforcement Officer, or an inspector designated by the Board
of Trustees at the following intervals:
(1)
Firesafety and property maintenance inspections of buildings or structures
that contain an area of public assembly shall be performed at least
once every 12 months.
(2)
Firesafety and property maintenance inspections of buildings or structures
being occupied as dormitories shall be performed at least once every
12 months.
(3)
Firesafety and property maintenance inspections of all multiple dwellings not included in Subsection A(1) or (2) of this subsection, and all nonresidential buildings, structures, uses and occupancies not included in Subsection A(1) or (2) of this subsection, shall be performed at least once every 36 months.
B.
In addition to the inspections required by Subsection A of this section, a firesafety and property maintenance inspection of any building, structure, use, or occupancy, or of any dwelling unit, may also be performed by the Chief of the Fire Department, the Code Enforcement Officer or an inspector designated by the Code Enforcement Officer at any time upon: (1) the request of the owner of the property to be inspected or an authorized agent of such owner; (2) receipt by the Chief of the Fire Department or the Code Enforcement Officer of a written statement alleging that conditions or activities failing to comply with the Uniform Code or Energy Code exist; or (3) receipt by the Chief of the Fire Department or the Code Enforcement Officer of any other information, reasonably believed by him or her to be reliable, giving rise to reasonable cause to believe that conditions or activities failing to comply with the Uniform Code or Energy Code exist; provided, however, that nothing in this subsection shall be construed as permitting an inspection under any circumstances under which a court order or warrant permitting such inspection is required, unless such court order or warrant shall have been obtained.
C.
Nothing in this section or in any other provision of this chapter
shall supersede, limit or impair the powers, duties and responsibilities
of the New York State Office of Fire Prevention and Control ("OFPC")
and the New York State Fire Administrator under Executive Law § 156-e
and Education Law § 807.
This code shall not be construed to hold the
municipality responsible for any damage to persons or property by
reason of the inspection or reinspection authorized herein or failure
to inspect or reinspect or the permit issued as herein provided or
by reason of the approval of any equipment authorized herein.
