(a) Scope. This section sets forth procedures by which any person aggrieved by the issuance of any notice, order, violation or other determination issued by the Department may appeal therefrom and obtain a final agency determination as to the validity thereof insofar as it relates to the interpretation or modification of the Fire Code, the rules, or other law, rule or regulation enforced by the Department.
(b) General Provisions.
(1) Appeals. Any person to whom the Department has issued a notice, order, violation or other determination pursuant to the provisions of the Fire Code, the rules, or other law, rule or regulation enforced by the Department, and who is aggrieved thereby, may obtain review of such notice, order, violation or other determination and a final agency determination relative to the interpretation or modification of such laws, rules or regulations, in accordance with the procedures set forth in this section. No appeal may be had from an appeal determination or other determination denominated as a final agency determination.
(2) Relationship with adjudications. Nothing contained in this section shall be construed to affect the adjudication of any notice of violation returnable before ECB, or a summons returnable before the New York City Criminal Court, except a summons issued for failure to comply with a violation order or other Commissioner's order. Nothing contained in this section shall be construed to affect the adjudication of any other notice, order, violation or other determination issued by the Department, except insofar as a final agency determination as to the interpretation or modification of the code may be required for such adjudication.
(c) Appeal Procedures.
(1) Time for appeal. Appeals shall be filed with the Department no later than thirty (30) calendar days from the date of issuance of such notice, order, violation or other determination. The Department may extend such time upon a satisfactory showing that the party aggrieved by the determination appealed from did not receive timely notice of the determination, or other good cause shown.
(2) Submission. The appeal shall be directed to the Department's Chief of Fire Prevention, with a copy to the Department's Bureau of Legal Affairs, except that if the notice, order, violation or determination appealed from was issued by the Chief of Fire Prevention, the appeal shall be directed to the Fire Commissioner, with a copy to the Department's Bureau of Legal Affairs.
(3) Form and content. The appeal shall be made in writing in such form as may be prescribed by the Department; state with particularity the objections taken; and support such objections by relevant citation to the Fire Code or other law, rule, regulation or legal authority, and submission of relevant documentation or other evidence. Any additional information or other supplemental submission requested by the Department shall be submitted to the Department within twenty (20) days of the date of the request, or within such other time as may be prescribed by the Department.
(4) Appeal determination. The Department shall render a written determination on the appeal, granting or denying the appeal, in whole or in part, and stating its reasons therefor.
(d) Stay of Enforcement.
(1) No automatic stay. The filing of an appeal shall not stay the enforcement of the notice, order, violation or other determination appealed from, nor shall it relieve any person affected by such determination of the obligation of complying with its requirements or appearing for any adjudication or other legal proceeding.
(2) Request for stay. The person submitting an appeal may at any time request a stay of enforcement of such notice, order, violation or other determination. Such request shall be made in writing and shall be submitted in the manner set forth in 3 RCNY § 104-01(c).
(3) Stay determination. The Department shall expeditiously render a written determination of such request, giving due consideration to the interests of public safety, the costs of compliance, and the apparent merits of the appeal. If the request for a stay is denied, the Department shall render its determination on the appeal no later than thirty (30) days from the date of such denial.