Penalty Schedule for FDNY Summonses.
3 RCNY § 109-03
in effect§ 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)
Source: City of New York, Charter, Administrative Code and Rules (American Legal Publishing XML export, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/newyorkcity/latest/NYCrules/0-0-0-102214Fetched: 10/24/2026