(a) Scope. This section sets forth procedures for the certification of correction and adjudication of violations issued by the Department and returnable to the New York City Office of Administrative Trials and Hearings (OATH).
(b) Definitions. The following terms shall, for the purposes of this section and as used elsewhere in the rules, have the meanings shown herein:
FDNY summons. A form, formerly known as a notice of violation, that is used for purposes of enforcing the Fire Code, the rules, or other law, rule or regulation enforced by the Department, that serves to notify the respondent named therein of a violation of such laws, rules or regulations, orders correction of same, commences a proceeding at OATH, and sets forth information relating to such violation and proceeding.
OATH. The New York City Office of Administrative Trials and Hearings, acting pursuant to Section 1049-a of the Charter.
(c) Certification of Correction of Violations.
(1) All FDNY summonses, except those that charge failure to certify correction, false certification or violation of a Commissioner's order (other than the order to certify correction), shall include an order requiring the respondent to correct the conditions constituting the violations, and to file a certification with the Department that the conditions have been corrected.
(2) The required certification shall be made on the certificate of correction form accompanying the FDNY summons issued by the Department representative. The certificate of correction shall be completed and signed by the respondent in accordance with the instructions set forth thereon, and shall be notarized by a notary public or commissioner of deeds. The respondent shall submit with the certificate of correction all documentation necessary and appropriate to demonstrate correction of the violations.
(3) The signed and notarized certificate of correction shall be directed to:
Administrative Enforcement Unit
Bureau of Legal Affairs
New York City Fire Department
9 MetroTech Center
Brooklyn, NY 11201-3857
Bureau of Legal Affairs
New York City Fire Department
9 MetroTech Center
Brooklyn, NY 11201-3857
(4) The certificate of correction must be received by the Administrative Enforcement Unit of the Bureau of Legal Affairs no later than the close of business on the 35th calendar day from the date of offense set forth on the FDNY summons. Both the date of offense and the date for certification of correction are indicated on the face of the violation.
(5) The filing of a certificate of correction in accordance with this section constitutes an admission to the offense charged and results in a finding of liability, but respondents cited for one (1) or more first offenses who, for each such condition, timely correct and file a certificate of correction that is accepted by the Department, are not required to appear for a hearing at OATH and avoid the imposition of a penalty on such violation.
(6) When more than one (1) violation of a law, rule or regulation is cited on the same FDNY summons, the respondent may certify correction as to one (1) or more of such violations. However, respondent must appear for a hearing at OATH, as set forth on the FDNY summons, if certification of correction is not filed with and accepted by the Department for all of the violations cited on the FDNY summons.
(7) The Department will review all certificates of correction and determine whether to accept them as satisfactory certification of correction. The Department will notify each respondent as to whether the certificate has been accepted, and, if it has not been accepted, advise the respondent of the deficiencies in the certification and the actions and/or proof required to correct the violations.
(d) Acceptance of Compliance Stipulations in Adjudications.
(1) If the respondent admits to the violation but requires additional time to comply beyond the date indicated on the FDNY summons, the respondent may request a stipulation for compliance purposes.
(2) The Department may agree to offer a stipulation to extend the time for correction, upon such terms and conditions as the Department determines to be reasonable. Such offer, and the finalization of any such stipulation, shall be consistent with 48 RCNY Chapter 3.
(Amended City Record 8/30/2017, eff. 10/1/2017)