Art. 10a added to L. 1909, ch. 33. Chap. 451. AN ACT to amend the insurance law, in relation to establishing the office of state fire marshal, defining his powers and duties, and providing for his compensation and the maintenance of his office. Became a law June 26, 1911, with the approval of the Governor. Passed, three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. Chapter thirty-three of the laws of nineteen hundred and nine, entitled "An act in relation to insurance corporations, constituting chapter twenty-eight of the consolidated laws," is hereby amended by inserting therein a new article, to be article ten-a thereof, and to read as follows: ARTICLE X-A. STATE FIRE MARSHAL. Section 350. Office of state fire marshal established; appointment: term; salary. 351. *Duties of the state fire marshal. 352. Deputies. 353. Assistant officers. 354. Duties of the assistants to the state fire marshal to investigate the cause and origin of all fires. 355. Duties of the state fire marshal and assistants to inspect property. 356. Powers of state fire marshal, deputies and assist ants. 357. Records. 358. Annual report. 359. Witnesses. 360. Duties of district attorney.. 361. Compensation of assistants. 362. Penalties. § 350. Office of state fire marshal established; appointment; term; salary. The office of state fire marshal is hereby established. So in original. The governor is hereby authorized and empowered to appoint, within thirty days after this act shall take effect, by and with the advice and consent of the senate, a suitable person who shall be a citizen of this state, as state fire marshal, who shall hold the office for a period of five years or until his successor is appointed and qualified. The office of the state fire marshal shall be located in the capitol in the city of Albany. He shall receive an annual salary of seven thousand dollars and shall be paid, in addition, his actual and necessary expenses incurred in the performance of the duties of his office. He shall devote his whole time to the duties of his office. Whenever there shall be a vacancy in the office of state fire marshal, the governor shall fill the vacancy for the unexpired term in the manner provided in this section. The state fire marshal and his deputies shall take and subscribe and file in the office of the secretary of state the constitutional oath1 within fifteen days from time of notice of their appointment respectively. § 351. It shall be the duty of the state fire marshal to enforce all laws and ordinances of the state, and the several counties, cities and political subdivisions thereof, except in cities having over one million inhabitants, as follows: 1. The prevention of fires; 2. The storage, sale or use of combustibles and explosives; 3. The installation and maintenance of automatic or other firealarm systems and fire extinguishing equipment; 4. The inspection of steam boilers; 5. The construction, maintenance and regulation of fire escapes; 6. The means and adequacy of exit, in case of fire, from factories, asylums, hospitals, churches, schools, halls, theaters, amphitheaters and all other places in which numbers of persons work, live, or congregate from time to time for any purpose; 7. The suppression of arson and investigation of the cause, origin and circumstances of fires. § 352. Deputies. The state fire marshal shall appoint a first deputy fire marshal, who shall receive an annual salary of five thousand dollars, and a second deputy fire marshal who shall receive an annual salary of three thousand dollars. Each such deputy shall also be paid his actual and necessary expenses incurred in the performance of the duties of his office. The state fire marshal shall 1 See constitution, art. 13, § 1; public officers law (L. 1909, ch. 51), § 10. also appoint a secretary and such other clerks and assistants as shall be needed in the performance of the duties of his office. In case of the absence of the state fire marshal, or his inability from any cause to discharge the duties of his office, such duties shall devolve upon the first deputy state fire marshal; and in case of the absence of the state fire marshal and the first deputy state fire marshal, or their inability from any cause to discharge the duties and powers of their office, such duties and powers shall devolve upon the second deputy state fire marshal. § 353. Assistant officers. All municipal fire marshals in those municipalities having such officers, and, where no such officer exists, the chief of the fire department of every incorporated city or village in which a fire department is established, the president or like senior officer of each incorporated village in which no fire department exists, and the clerk of each organized town without the limits of any incorporated village or city, shall be, by virtue of such office so held by them, assistants to the state fire marshal and subject to the duties and obligations imposed by this article and shall be subject to the directions of the state fire marshal in the execution of the provisions hereof. Immediately upon taking office the state fire marshal shall prepare instructions to the assistants designated herein and forms for their use in the reports required by this article and cause them to be printed and sent, together with a copy of this article, to each such officer located in this state. 354. Duties of the assistants to the state fire marshal to investigate the cause and origin of all fires. The assistants to the state fire marshal as defined in the preceding section shall investigate the cause, origin and circumstances of every fire occurring in any city, village or town in this state by which property has been destroyed or damaged, and, so far as it is possible, determine whether the fire was the result of carelessness or design. Such investigation shall be begun immediately upon the occurrence of such fire by the assistant in whose territory such fire has occurred, and if it appears to the officer making such investigation that such fire is of suspicious origin, the state fire marshal shall be immediately notified of such fact. Every fire occurring in this state shall be reported in writing to the state fire marshal within thirty days after the occurrence of the same by the officer designated in section three hundred and fifty-three of this article in whose jurisdiction such fire has occurred; such report shall be in the form prescribed by the state fire marshal and shall contain a statement of all facts relating to the cause and origin of such fire that can be ascertained, the extent of damage thereof and the insurance upon such property, and such other information as may be re quired. $355. Duties of the state fire marshal and assistants to inspect property. The state fire marshal, his deputies or assistants, upon the complaint of any person or whenever he or they shall deem it necessary shall inspect all buildings and premises within their jurisdiction. Whenever any of said officers shall find any building or other structure which, for want of repairs, lack of or insufficient fire escapes, automatic or other fire alarm apparatus or fire extinguishing equipment, or by reason of age or dilapidated condition or for any other cause, is especially liable to fire and which is so situated as to endanger other property, and whenever such officer shall find in any building combustible or explosive matter or inflammable conditions dangerous to the safety of such buildings he or they shall order the same to be removed or remedied, and such order shall forthwith be complied with by the owner or occupant of such premises or buildings. If such order is made by any deputy or assistant to the state fire marshal such owner or occupant may, within twenty-four hours, appeal to the state fire marshal, who shal, within ten days, review such order and file his decision thereon, and unless by his authority the order is revoked or modified it shall remain in full force and be obeyed by such owner or occupant. Any owner or occupant failing to comply with such order within ten days after said appeal shall have been determined, or, if no appeal is taken, then within ten days after the service of the said order, shall be liable to a penalty of fifty dollars for each day's neglect thereafter. The service of any such order shall be made upon the occupant of the premises to whom it is directed by either delivering a true copy of same to such occupant personally 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 the 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 the said person a true copy of the said order, or, if such owner is absent from the jurisdiction of the officer making the order, by mailing such copy to the owner's last known post-office address. The penalty herein provided may be recovered in an action brought in any court of the county where such property is located, in the name of the people of the state, under the direction of the state fire marshal or any of his assistants herein designated, by the legally constituted law officer of the city, village or town where such property is located or by an attorney specially designated therefor by the attorney-general. The state fire marshal shall also cause to be inspected all boilers in buildings and all other places where same are used for the generation of steam, except where a certificate has been filed certifying that such boilers have been inspected by a duly authorized insurance company. A fee of five dollars shall be charged the owner or lessee of each boiler inspected by the inspector of the office of the state fire marshal. § 356. Powers of state fire marshal, deputies and assistants. The state fire marshal or his deputies may, in addition to the investigation made by any of his assistants, at any time investigate as to the origin or circumstances of any fire occurring in this state. The state fire marshal, his deputies and assistants shall have the power to summon witnesses and compel them to attend before them, or either of them, and to testify in relation to any matter which is by the provisions of this article a subject of inquiry and investigation, and may require the production of any book, paper or document deemed pertinent or necessary to the inquiry, and shall have the power to administer oaths and affirmations to any person appearing as a witness before them; such examination may be public or private as the officers conducting the investigation may determine. No person shall be excused from attending before the said fire marshal or any of his deputies or assistants when summoned so to attend, nor, when ordered so to do, shall they be excused from testifying or producing any books, papers or documents before such officer upon any investigation, proceeding or inquiry instituted under the provisions of this article, upon the ground or for the reason that the testimony or the evidence, documentary or otherwise, required of him may tend to convict him of a crime or subject him to a penalty or forfeiture, but no person shall be prosecuted or subjected to a penalty or forfeiture for or on account of any transaction, matter or thing concerning which he may have been required so to testify or produce evidence, documentary or otherwise, and no testimony so given or produced shall be re |