§ 109-03 Penalty Schedule for FDNY Summonses.
RCNY § 109-03
(a)Scope. This section establishes a penalty schedule for violations of the laws, rules and regulations enforced by the Department, cited by Department personnel in FDNY Summonses returnable to OATH for adjudication. This penalty schedule is not applicable to violations returnable to, or adjudicated by, any other forum.
(b)Penalty Schedule. The penalty schedule, annexed hereto as Appendix A, sets forth six (6) types of penalties, three for first violations and three for second and subsequent violations.
(1)First violation penalty. This penalty will be applied to the first violation committed by the respondent, provided that the respondent appears at OATH in response to the violation. Violations for which the respondent timely certifies correction (in the manner and by the date specified on the FDNY Summons, in accordance with Administrative Code § 15-230 and 3 RCNY § 109-01) and the Department accepts proof of correction, do not require an appearance by either party and are not subject to civil penalty.
(2)First violation mitigated penalty. This reduced penalty will be applied to a first violation, provided that the respondent appears at OATH in response to the violation and establishes that the violating condition has been corrected on or before the hearing date set forth on the FDNY Summons.
(3)First violation maximum penalty. This is the maximum penalty provided by law for a first violation. It will be imposed when the respondent defaults on the violation or otherwise fails to appear or respond to a violation.
(4)Second/subsequent violation penalty. This penalty will be applied to the second and each subsequent violation committed by the same respondent, for the same provision of law, rule, regulation or Violation Category within 18 months of the first violation, as set forth in Administrative Code § 15-229(a), provided that the respondent appears at OATH in response to the violation. All second and subsequent violations require an appearance and are subject to penalty. Special provisions apply to FDNY Summons for unnecessary and unwarranted alarms, as set forth in 3 RCNY § 907-01.
(5)Second/subsequent violation mitigated penalty. This reduced penalty will be applied to a second and each subsequent violation, provided that the respondent appears at OATH in response to the violation and establishes that the violating condition has been corrected prior to the hearing.
(6)Second/subsequent violation maximum penalty. This is the maximum penalty provided by law for a second and each subsequent violation. It will be imposed when the respondent defaults on the violation or otherwise fails to appear or respond to a second or subsequent violation.
(7)Penalties for Administrative Code violations. The penalty schedule also sets forth penalties for violations of Administrative Code §§ 15-220.1 and 15-231 and FC 1404.1. There is no mitigated penalty for such violations. APPENDIX A TO 3 RCNY § 109-03FDNY SUMMONS PENALTY TABLE Category(3 RCNY§ 109-02)Description of ViolationOATH Violation CodeFirst Violation Penalty($)First Violation Mitigated Penalty($)First Violation Maximum Penalty($)Second/Subsequent Violation Penalty($)Second/Subsequent Violation Mitigated Penalty($)Second/Subsequent Violation Maximum Penalty($)Category(3 RCNY§ 109-02)Description of ViolationOATH Violation CodeFirst Violation Penalty($)First Violation Mitigated Penalty($)First Violation Maximum Penalty($)Second/Subsequent Violation Penalty($)Second/Subsequent Violation Mitigated Penalty($)Second/Subsequent Violation Maximum Penalty($)VC 1Portable Fire Extinguishers and Fire HosesBF016003001,0001,5007505,000VC 2Combustible Waste ContainersBF025002501,0001,5007505,000VC 3PermitsBF037003501,0001,7508755,000VC 4Unlawful Quantity or Location of Regulated MaterialBF046003001,0001,5007505,000VC 5RecordkeepingBF057003501,0001,7509005,000VC 6Signs, Postings, Notices and InstructionsBF066003001,0001,5007505,000VC 7Labels and MarkingsBF076003001,0001,5007505,000VC 8Storage, Accumulation and Removal of Combustible Material and WasteBF087003501,0001,7509005,000VC 9Rooftop Access and Means of EgressBF099504751,0002,3751,1855,000VC 10OvercrowdingBF109504751,0002,3751,1855,000VC 11General MaintenanceBF117503751,0001,8759355,000VC 12Fire Protection SystemsBF129504751,0002,3751,2005,000VC-12Fire Protection Systems – Failure to Prevent Unnecessary/Unwarranted AlarmsBF-357503751,0001,8759355,000VC 13Flame-Resistant Material sBF139004501,0002,2501,1255,000VC 14Fire-Rated Doors and WindowsBF149004501,0002,2501,1255,000VC 15Fire-Rated ConstructionBF159004501,0002,2501,1255,000VC 16VentilationBF169004501,0002,2501,1255,000VC 17Certificates of Fitness and Certificates of QualificationBF177503751,0001,8759355,000VC 18Certificates of Approval, Certificates of License and Company CertificatesBF187503751,0001,8759355,000VC 19 Affidavits, Design and Installation Documents and Other DocumentationBF195753001,0001,5007505,000VC 20Inspection and TestingBF206003001,0001,5007505,000VC 21Portable ContainersBF216003001,0001,5007505,000VC 22Stationary TanksBF227503751,0001,8759355,000VC 23Storage FacilitiesBF235002501,0001,5007505,000VC 24Storage of Hazardous Materials and CommoditiesBF245002501,0001,5007505,000VC 25Electrical HazardsBF259004501,0002,2501,1255,000VC 26Heating and Refrigerating Equipment and SystemsBF267503751,0001,8759355,000VC 27Electrical Lighting HazardsBF277503751,0001,8759355,000VC 28Open Fires, Open Flames and SparksBF289004501,0002,2501,1255,000VC 29Designated Handling and Use Rooms or AreasBF296003001,0001,5007505,000VC 30Emergency Planning and PreparednessBF309504751,0002,2501,2005,000Admin. Code § 15-220.1False CertificationBF322,500None5,0004,500None5,000Admin. Code § 15-231Failure to Comply with Commissioner's Order to Correct and CertifyBF311,250None5,0003,500None5,000FC 1404.1Smoking on Construction SiteBF331,000None1,0002,400None2,400 (Added City Record 8/30/2017, eff. 10/1/2017; amended City Record 9/20/2023, eff. 10/20/2023)
