189. Fire inspection of property in contract areas. 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.
Last modified: February 3, 2019