Penalty Schedule

FDNY Penalty Schedule

Penalties for FDNY summonses returnable to OATH, by violation category — first and second/subsequent violations, each with standard, mitigated, and maximum amounts.

Categories
33
Categories

FDNY penalties are set by 3 RCNY § 109-03. Each violation category carries a standard, mitigated, and maximum amount, with higher figures for a second or subsequent violation.

Compiled and reviewed by Michael Nacmias, Founding Partner. Facing one of these violations? Talk to an attorney.

How to read this schedule

  • Standard — the penalty if you appear at the OATH hearing.
  • Mitigated — a reduced penalty if you correct the condition and prove it on or before the hearing date.
  • Maximum — imposed if you default or fail to appear or respond.
  • Second/subsequent — applies to a repeat of the same violation category within 18 months of the first.

Showing 33 of 33 violation categories.

VC 1BF01

Portable Fire Extinguishers and Fire Hoses

First violation

Std
$600
Mitigated
$300
Max
$1,000

Second / subsequent

Std
$1,500
Mitigated
$750
Max
$5,000
VC 2BF02

Combustible Waste Containers

First violation

Std
$500
Mitigated
$250
Max
$1,000

Second / subsequent

Std
$1,500
Mitigated
$750
Max
$5,000
VC 3BF03

Permits

First violation

Std
$700
Mitigated
$350
Max
$1,000

Second / subsequent

Std
$1,750
Mitigated
$875
Max
$5,000
VC 4BF04

Unlawful Quantity or Location of Regulated Material

First violation

Std
$600
Mitigated
$300
Max
$1,000

Second / subsequent

Std
$1,500
Mitigated
$750
Max
$5,000
VC 5BF05

Recordkeeping

First violation

Std
$700
Mitigated
$350
Max
$1,000

Second / subsequent

Std
$1,750
Mitigated
$900
Max
$5,000
VC 6BF06

Signs, Postings, Notices and Instructions

First violation

Std
$600
Mitigated
$300
Max
$1,000

Second / subsequent

Std
$1,500
Mitigated
$750
Max
$5,000
VC 7BF07

Labels and Markings

First violation

Std
$600
Mitigated
$300
Max
$1,000

Second / subsequent

Std
$1,500
Mitigated
$750
Max
$5,000
VC 8BF08

Storage, Accumulation and Removal of Combustible Material and Waste

First violation

Std
$700
Mitigated
$350
Max
$1,000

Second / subsequent

Std
$1,750
Mitigated
$900
Max
$5,000
VC 9BF09

Rooftop Access and Means of Egress

First violation

Std
$950
Mitigated
$475
Max
$1,000

Second / subsequent

Std
$2,375
Mitigated
$1,185
Max
$5,000
VC 10BF10

Overcrowding

First violation

Std
$950
Mitigated
$475
Max
$1,000

Second / subsequent

Std
$2,375
Mitigated
$1,185
Max
$5,000
VC 11BF11

General Maintenance

First violation

Std
$750
Mitigated
$375
Max
$1,000

Second / subsequent

Std
$1,875
Mitigated
$935
Max
$5,000
VC 12BF12

Fire Protection Systems

First violation

Std
$950
Mitigated
$475
Max
$1,000

Second / subsequent

Std
$2,375
Mitigated
$1,200
Max
$5,000
VC 13BF13

Flame-Resistant Material s

First violation

Std
$900
Mitigated
$450
Max
$1,000

Second / subsequent

Std
$2,250
Mitigated
$1,125
Max
$5,000
VC 14BF14

Fire-Rated Doors and Windows

First violation

Std
$900
Mitigated
$450
Max
$1,000

Second / subsequent

Std
$2,250
Mitigated
$1,125
Max
$5,000
VC 15BF15

Fire-Rated Construction

First violation

Std
$900
Mitigated
$450
Max
$1,000

Second / subsequent

Std
$2,250
Mitigated
$1,125
Max
$5,000
VC 16BF16

Ventilation

First violation

Std
$900
Mitigated
$450
Max
$1,000

Second / subsequent

Std
$2,250
Mitigated
$1,125
Max
$5,000
VC 17BF17

Certificates of Fitness and Certificates of Qualification

First violation

Std
$750
Mitigated
$375
Max
$1,000

Second / subsequent

Std
$1,875
Mitigated
$935
Max
$5,000
VC 18BF18

Certificates of Approval, Certificates of License and Company Certificates

First violation

Std
$750
Mitigated
$375
Max
$1,000

Second / subsequent

Std
$1,875
Mitigated
$935
Max
$5,000
VC 19BF19

Affidavits, Design and Installation Documents and Other Documentation

First violation

Std
$575
Mitigated
$300
Max
$1,000

Second / subsequent

Std
$1,500
Mitigated
$750
Max
$5,000
VC 20BF20

Inspection and Testing

First violation

Std
$600
Mitigated
$300
Max
$1,000

Second / subsequent

Std
$1,500
Mitigated
$750
Max
$5,000
VC 21BF21

Portable Containers

First violation

Std
$600
Mitigated
$300
Max
$1,000

Second / subsequent

Std
$1,500
Mitigated
$750
Max
$5,000
VC 22BF22

Stationary Tanks

First violation

Std
$750
Mitigated
$375
Max
$1,000

Second / subsequent

Std
$1,875
Mitigated
$935
Max
$5,000
VC 23BF23

Storage Facilities

First violation

Std
$500
Mitigated
$250
Max
$1,000

Second / subsequent

Std
$1,500
Mitigated
$750
Max
$5,000
VC 24BF24

Storage of Hazardous Materials and Commodities

First violation

Std
$500
Mitigated
$250
Max
$1,000

Second / subsequent

Std
$1,500
Mitigated
$750
Max
$5,000
VC 25BF25

Electrical Hazards

First violation

Std
$900
Mitigated
$450
Max
$1,000

Second / subsequent

Std
$2,250
Mitigated
$1,125
Max
$5,000
VC 26BF26

Heating and Refrigerating Equipment and Systems

First violation

Std
$750
Mitigated
$375
Max
$1,000

Second / subsequent

Std
$1,875
Mitigated
$935
Max
$5,000
VC 27BF27

Electrical Lighting Hazards

First violation

Std
$750
Mitigated
$375
Max
$1,000

Second / subsequent

Std
$1,875
Mitigated
$935
Max
$5,000
VC 28BF28

Open Fires, Open Flames and Sparks

First violation

Std
$900
Mitigated
$450
Max
$1,000

Second / subsequent

Std
$2,250
Mitigated
$1,125
Max
$5,000
VC 29BF29

Designated Handling and Use Rooms or Areas

First violation

Std
$600
Mitigated
$300
Max
$1,000

Second / subsequent

Std
$1,500
Mitigated
$750
Max
$5,000
VC 30BF30

Emergency Planning and Preparedness

First violation

Std
$950
Mitigated
$475
Max
$1,000

Second / subsequent

Std
$2,250
Mitigated
$1,200
Max
$5,000
BF31

Failure to Comply with Commissioner's Order to Correct and Certify

BF32

Admin. Code § 15-220.1

BF33

Smoking on Construction Site

Penalty amounts are sourced from 3 RCNY § 109-03 and can change. Confirm against the official rule before relying on a figure. This page is a reference, not legal advice.