§ 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.
Firefighters 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 firefighter 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 or her 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 firefighter or firefighters 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
firefighter to discover and properly report any such violations or his
neglect or omission to perform such duties, shall not subject him or
her, his or her fire department, fire company, or the city, village,
fire district or town in which or of which he or she is a firefighter to
any civil or other liability. Any such firefighter shall not be liable
civilly for any act or acts done by him or her as a firefighter 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 firefighter in the actual
performance of such duty. Firefighters 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 firefighter 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 of
the 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.