§ 103-11 Sprinkler Reports.
RCNY § 103-11
(a)Sprinkler report required. Owners of buildings required to comply with the provisions of § 27-929.1 of the Administrative Code must file with the department a report prepared by an architect or an engineer, certifying the installation of the required sprinklers as required by subdivision (b) of section 27-228.5.
(b)Civil Penalties.
(1)Failure to file. An owner who fails to file an acceptable sprinkler report, indicating that sprinklers were installed as required by subdivision (b) of § 27-228.5 and § 27-929.1 of the Administrative Code, shall be liable for a civil penalty of five thousand dollars ($5,000) per year beginning January 1, 2022 and ending on the filing date of an acceptable report.
(2)Late filing. In addition to the penalty for failure to file, an owner who submits a late filing shall be liable for a civil penalty of one thousand dollars ($1,000.00) per month, beginning February 1, 2022 and ending on the filing date of an acceptable report.
(3)Challenge of civil penalty.
(i)An owner may challenge the imposition of any civil penalty authorized to be imposed pursuant to this subdivision by providing proof of compliance. Examples of such proof include, but are not limited to, a copy of an acceptable report, or a certificate of occupancy indicating the building does not need to comply with the requirement to install sprinklers in accordance with section 27-929.1.
(ii)Challenges must be submitted in writing to the office/unit of the Department that issued the violation within thirty (30) days from the date of service of the violation. The decision to dismiss or uphold the penalty shall be at the sole discretion of the Department.
(c)Full or partial penalty waivers; eligibility and evidentiary requirements. Owners may request a full or partial waiver of penalties assessed for violation of subdivision (b) of § 27-228.5 and § 27-929.1 of the Administrative Code. Requests must be made in writing and must meet eligibility and evidentiary requirements as follows: (1) Owner status.
(iii)If a state of emergency is declared that prevents an owner from conducting an inspection, filing a report or correcting unsafe conditions, an owner may be granted a waiver of penalties.
