§ 209-u. Notification of presence of hazardous materials. 1. The
knowledge of the presence of hazardous materials is vital to meeting the
contingencies of a fire or other emergency. It is the purpose of this
section to secure the health, safety and welfare of the public, protect
those called upon to respond to the emergency, encourage preparedness to
meet any danger, and promote planning for future demands for emergency
services by requiring the reporting of the presence of hazardous
materials.

2. As used in this section:

(a) the term "insured" or "policyholder" means the policyholder of a
fire insurance policy insuring against a risk located in this state; and

(aa) the term "person" means any individual, partnership, corporation
or association; and

(b) the term "insurer" means any insurance company authorized to do
the business of fire insurance in this state; and

(c) for the purpose of this section hazardous materials shall be those
which bear a label under requirements of the United States Department of
Transportation or those listed on the form prescribed by the state fire
administrator.

3. Every person engaged in commerce in this state, excepting those
operating as a farm, as defined by subdivision one of section six
hundred seventy-one of the labor law who, based upon the experience of
the business in the use of hazardous materials during the previous year,
may have possession of hazardous materials at a permanent place of
business, a construction site or a temporary storage depot, shall report
the presence of such hazardous materials to the chief of the appropriate
fire department, fire corporation, or fire company having responsibility
for fire protection of each location at which any such hazardous
material may be found. Upon receipt thereof, in counties which have an
office of county fire coordinator, the fire department, fire corporation
or fire company, shall forward a copy of said report to the office of
the county fire coordinator.

4. A separate report shall be filed for each street address at which
any such hazardous materials may be found. Such report shall be filed
annually with such fire chief on a date to be determined by the state
fire administrator in the manner prescribed by the state fire
administrator. Upon receipt thereof, in counties which have an office of
county fire coordinator, the fire department, fire corporation or fire
company, shall forward a copy of said report to the office of the county
fire coordinator. Such report shall be printed by and supplied to
insurers upon their request by the office of fire prevention and
control. Failure to file as required in this section shall not be the
basis for denial by an insurer of an insured's claim under any policy in
force for said property. The filing by the person of a single report to
any one fire department, fire corporation, or fire company shall be
sufficient to meet the requirements of this section where hazardous
materials may be found at more than one location at each street address
for which he must report.

5. An exemption from the provisions of subdivision three of this
section may be granted by the chief of the fire department, fire
corporation, or fire company where, in cooperation with or at the
invitation of the person, he chooses to make or causes his
representative to make an inspection of the person's place of business.
At the time of such inspection the person is required to inform the
chief or his representative of any hazardous materials which are subject
to the provisions of this section. Failure to inform shall constitute a
violation as set forth in subdivision eight of this section.

6. Exemptions from the provisions of subdivision three of this section
may also be granted by said chief as follows: (a) a general exemption if
the firefighting capability of the person is sufficient to defend
against an emergency involving such hazardous material; (b) an
exemption, based upon the need for confidentiality, from the reporting
of specific hazardous materials. Requests for exemptions shall be in
writing and shall be filed annually with said chief. Such exemptions
shall be filed with said chief and in counties which have an office of
county fire coordinator, a copy of said exemption shall be forwarded by
said chief to the office of county fire coordinator on a date to be
determined by the state fire administrator in the manner prescribed by
the state fire administrator. Exemptions shall be in writing and shall
expire one year from the date granted. An exemption may be revoked if
the conditions provided in paragraph (a) or (b) of this subdivision no
longer exist.

7. The state fire administrator shall provide that the report form
required in subdivision four of this section shall indicate the manner
in which the exemption procedures granted herein shall be followed and
also that the form shall make provision for the signature of the fire
chief for the purpose of certifying that an exemption to subdivision
three has been granted.

8. Any person who fails to report the presence of hazardous materials
as required in this section shall be subject to a fine of not more than
two hundred fifty dollars for the first offense, and upon being found
guilty of a second or subsequent offense, by a fine of not less than two
hundred fifty dollars or more than one thousand dollars. Except as
otherwise provided by law, such a violation shall not be a crime and the
penalty or punishment imposed therefor shall not be deemed for any
purpose a criminal penalty or punishment and shall not impose any
disability upon or affect or impair the credibility as a witness, or
otherwise, of a person found guilty thereof.