Village of Nyack, NY: Fire Inspector.

This code shall be enforced by the Fire Inspector or Assistant or Deputy Fire Inspectors of the Village of Nyack.

The Fire Inspector of the Village of Nyack and any Assistant or Deputy Fire Inspectors of the Village of Nyack shall serve under the immediate direction and control of the Building Inspector of the Village of Nyack, who shall be entitled to enforce this code in the absence or unavailability of the Fire Inspector.

§ 196-7 Penalties for offenses.

The following fines and other penalties are hereby imposed, in addition to the punishments imposed by other statute, law or ordinance, on every person violating any of the requirements or other provisions of this code: a fine not to exceed $1,000 or other penalty that may be imposed by the judicial authority. (Note that New York State Executive Law, § 382, Subdivision 2, provides for a fine of not exceeding $1,000 per day, or imprisonment not exceeding one year, or both.)

Any sentence to pay a fine which is imposed on a corporation for an offense defined in this code shall be in conformity with § 80.10 of the Penal Law.

The continuation of an offense against the provisions of this code shall constitute, for each day the offense is continued, a separate and distinct offense hereunder.

§ 196-8 Right of entry.

The Fire Inspector or Assistant or Deputy Fire Inspectors 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, may be deemed necessary.

§ 196-9 Inspection.

It shall be the duty of the Fire Inspector or Assistant or Deputy Fire Inspectors to inspect all buildings and premises except single-family and two-family dwellings as often as may be necessary for the purpose of ascertaining and causing to be corrected any condition liable to cause a fire, contribute to the spread of a fire, interfere with fire-fighting operations or endanger life or any violation of the provisions or intent of this chapter or any other ordinance or law affecting fire safety.

The Fire Inspector or Assistant or Deputy Fire Inspectors shall investigate the cause, origin and circumstances of every fire occurring in the Village of Nyack which is of an unknown cause or of a suspicious nature or involves the loss of life or injury to persons or has caused substantial property damage. Such investigation shall be made as soon as possible upon the occurrence of any such fire and, if it appears that the fire is the result of arson, the Fire Inspector shall immediately notify the proper authorities designated by law to investigate such matters.

§ 196-10 Prohibited dangerous conditions.

No person(s) or corporation shall permit any of the following conditions which are dangerous and/or present a hazardous condition to exist or occur within any building or structure or upon any premises as follows:

Any condition which is liable to cause or contribute to the spread of fire in any premises, building or structure or endanger any person.

Any condition which would interfere with the efficiency or use of any fire-protection equipment.

The presence of persons in excess of the maximum number authorized by the Code Enforcement Official as evidenced by the occupancy limit sign which must be posted as per § 196-28C of this chapter.

Any obstruction to a fire escape, stairway, passageway, door or window in a premises likely to interfere with the emergency egress of occupants or the operation of the Fire Department in case of fire or other emergency.

Any accumulation of dust or waste materials in air conditioning or ventilating systems.

Any accumulation of grease in kitchen facilities, including but not limited to exhaust ducts and cooking equipment, or oil, grease or dirt upon, under or around any mechanical equipment.

Any accumulation of rubbish, waste, paper, shavings or other combustible material which results in a dangerous condition.

Any condition arising from the defective installation or improper use of electrical wiring, equipment or appliances.

Any condition arising from defective or improperly installed equipment for handling, storing or using combustibles, explosives or otherwise hazardous materials.

Any condition caused by the presence of dangerous or unlawful amounts of combustible, explosive or otherwise hazardous materials.

Any building or structure which lacks sufficient exit facilities, automatic fire-extinguishing system, fire alarm system or fire-extinguishing equipment and thereby creates a hazardous condition.

Any building or structure which, for the want of repairs or by reason of age or dilapidated condition or by reason of fire or any other cause creates a hazardous condition.

All equipment, materials, processes or operations which are in violation of the provisions and intent of this chapter.

§ 196-11 Service of orders.

The service of orders for the correction of violations of this chapter shall be made upon the owner, occupant or other person responsible for the conditions either by delivering the same to and leaving a copy of the same to such person or by delivering the same to and leaving it with any person in charge of the premises or, in case no such person is found upon the premises, by affixing a copy thereof in a conspicuous place on the door to the entrance of said premises. Whenever it may be necessary to serve such an order upon the owner of premises, such order may be served either by delivering to and leaving with said person a copy of said order or, if such owner is absent from the jurisdiction of the officer making the order, by sending such copy by registered mail to the owner's last known post office address.

§ 196-12 Exemption from liability.

The Fire Inspector, Deputy or Assistant Fire Inspectors charged with the enforcement of this code, while acting for the Village of Nyack, shall not thereby be rendered liable personally and are hereby relieved from all personal liability for any damage that may accrue to persons or property as a result of any act required or permitted in the discharge of official duties. Any suit instituted against any officer or employee because of an act performed in the lawful discharge of duties and under the provisions of this code shall be defended by the legal representative of the Village of Nyack until the final termination of the proceedings. The Fire Inspector or any subordinates of the Fire Inspector shall not be liable for costs in any action, suit or proceeding that may be instituted in pursuance of the provisions of this code, and any official, officer or employee acting in good faith and without malice shall be free from any liability for acts performed under any of its provisions or by reason of any act or omission in the performance of the official duties in connection herewith.

The Village of Nyack shall not be liable under this code for any damage to persons or property by reason of the inspection or reinspection of buildings, structures or equipment authorized herein or failure to inspect or reinspect such buildings, structures or equipment or by reason of the approval or disapproval of any building, structure or equipment authorized herein.