Section 189. Fire inspection of property in contract areas


Latest version.
  • 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 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 fire officer or member
      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 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.