§ 109-03 Penalty Schedule for FDNY Summonses.

   (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 § 109-03
FDNY SUMMONS PENALTY TABLE

Category (3 RCNY § 109-02)	Description of Violation	OATH Violation Code	First 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 1	Portable Fire Extinguishers and Fire Hoses	BF01	600	300	1,000	1,500	750	5,000
VC 2	Combustible Waste Containers	BF02	500	250	1,000	1,500	750	5,000
VC 3	Permits	BF03	700	350	1,000	1,750	875	5,000
VC 4	Unlawful Quantity or Location of Regulated Material	BF04	600	300	1,000	1,500	750	5,000
VC 5	Recordkeeping	BF05	700	350	1,000	1,750	900	5,000
VC 6	Signs, Postings, Notices and Instructions	BF06	600	300	1,000	1,500	750	5,000
VC 7	Labels and Markings	BF07	600	300	1,000	1,500	750	5,000
VC 8	Storage, Accumulation and Removal of Combustible Material and Waste	BF08	700	350	1,000	1,750	900	5,000
VC 9	Rooftop Access and Means of Egress	BF09	950	475	1,000	2,375	1,185	5,000
VC 10	Overcrowding	BF10	950	475	1,000	2,375	1,185	5,000
VC 11	General Maintenance	BF11	750	375	1,000	1,875	935	5,000
VC 12	Fire Protection Systems	BF12	950	475	1,000	2,375	1,200	5,000
VC-12	Fire Protection Systems – Failure to Prevent Unnecessary/Unwarranted Alarms	BF-35	750	375	1,000	1,875	935	5,000
VC 13	Flame-Resistant Material s	BF13	900	450	1,000	2,250	1,125	5,000
VC 14	Fire-Rated Doors and Windows	BF14	900	450	1,000	2,250	1,125	5,000
VC 15	Fire-Rated Construction	BF15	900	450	1,000	2,250	1,125	5,000
VC 16	Ventilation	BF16	900	450	1,000	2,250	1,125	5,000
VC 17	Certificates of Fitness and Certificates of Qualification	BF17	750	375	1,000	1,875	935	5,000
VC 18	Certificates of Approval, Certificates of License and Company Certificates	BF18	750	375	1,000	1,875	935	5,000
VC 19	Affidavits, Design and Installation Documents and Other Documentation	BF19	575	300	1,000	1,500	750	5,000
VC 20	Inspection and Testing	BF20	600	300	1,000	1,500	750	5,000
VC 21	Portable Containers	BF21	600	300	1,000	1,500	750	5,000
VC 22	Stationary Tanks	BF22	750	375	1,000	1,875	935	5,000
VC 23	Storage Facilities	BF23	500	250	1,000	1,500	750	5,000
VC 24	Storage of Hazardous Materials and Commodities	BF24	500	250	1,000	1,500	750	5,000
VC 25	Electrical Hazards	BF25	900	450	1,000	2,250	1,125	5,000
VC 26	Heating and Refrigerating Equipment and Systems	BF26	750	375	1,000	1,875	935	5,000
VC 27	Electrical Lighting Hazards	BF27	750	375	1,000	1,875	935	5,000
VC 28	Open Fires, Open Flames and Sparks	BF28	900	450	1,000	2,250	1,125	5,000
VC 29	Designated Handling and Use Rooms or Areas	BF29	600	300	1,000	1,500	750	5,000
VC 30	Emergency Planning and Preparedness	BF30	950	475	1,000	2,250	1,200	5,000
Admin. Code § 15-220.1	False Certification	BF32	2,500	None	5,000	4,500	None	5,000
Admin. Code § 15-231	Failure to Comply with Commissioner's Order to Correct and Certify	BF31	1,250	None	5,000	3,500	None	5,000
FC 1404.1	Smoking on Construction Site	BF33	1,000	None	1,000	2,400	None	2,400

 

(Added City Record 8/30/2017, eff. 10/1/2017; amended City Record 9/20/2023, eff. 10/20/2023)