focus on the fdny presentation
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FOCUS ON THE FDNY
FDNY UNIT STRUCTURE
Certificates of Fitness
Permit Accounts
Notices of Violation (NOVs):
Violation Orders (VOs)
FDNY District Offices FDNY Code Enforcement FDNY Records Unit
• Permits and inspections fall under the jurisdiction of an FDNY District Office or “D.O.”
• District Offices are specialized units (e.g. Sprinkler/Standpipe) or are local offices for specific geographic areas
• Reviews and Processes Certificates of Correction
• Issues Notices of Correction Cards
• Processes mail or in-person requests for building violation reports, fuel tank reports, and FDNY violation copies (NOVs and VOs)
• Hours: 9:00am – 12:00pm
• Turnaround time generally 4-6 weeks
FDNY INFORMATION OVERVIEW
Certificates of Fitness
Permit Accounts
Notices of Violation (NOVs):
Violation Orders (VOs)
ECB Notices of Violation (NOVs)
FDNY Violation Orders (VOs)
Certificates of Fitness
FDNY Permit Accounts
• Associated with a fine & hearing through the ECB
• Compliance requires both a correction & payment, or correction by cure date if applicable.
• Certificate of Correction must be filed directly with FDNY; evidence at hearing does not count as certifying
• Requires correction via FDNY inspection
• Non-compliance can lead to a Criminal Summons
• Fine may be associated with Summons
• Required for individuals to operate/maintain hazardous or fire-safety related equipment & carry out emergency plans
• Must be renewed or late fees or retesting is required
• Associated with hazardous or fire-safety related equipment
• Permits will expire & renewal entails inspection & payment of invoice
• Ex: sprinkler/standpipes, A/C units, Fuel Oil
FDNY VIOLATIONS
Notices of Violation (NOVs) ECB Violation generally issued for conditions that do not
represent an imminent hazard Proof of correction may be submitted before court date
(cure) or after court date (correction) Attending a hearing does not close a violation. Penalties
and compliance may still be required.
Violation Orders (VOs) No penalty FDNY Violation generally issued for imminent safety hazards Requires FDNY Reinspection May result in a Criminal Summons or Vacate Order
FDNY CERTIFICATE OF CORRECTIONFDNY Notices of Violation Require• attending a hearing• paying a fine• proof of compliance via the
submission of a Certificate of Correction
Note: It’s a common misconception that showing proof of compliance at an FDNY-ECB hearing will close the violation. It will not: the fine & hearing is separate from the compliance. In order to close an NOV, a Certificate of Correction must be on file with the FDNY.
FDNY NOTICE OF VIOLATION WITH CURE DATE
When available, curing an NOV is the best route to take to avoid time spent at the ECB and additional penalties:• Depending on the
type and severity of a violation, the FDNY will stipulate a cure date on the violation copy.
• If a Certificate of Correction is submitted and accepted before the cure date, attending a hearing is not required and the violation won’t result in any fines
FDNY “YELLOW CARD”- NOTICE OF CORRECTION
How to get a Notice of Correction (“Yellow Card”) from the FDNY: • The FDNY will normally
expedite Certificates of Correction received in advance of the cure date
• Any Certificates of Correction received after the cure date may be put on the backburner, causing violations to remain open for some time
• If an issue is time-sensitive, Certificates of Correction should be filed in person once the cure date has passed
NAMED RESPONDENT
Who has to attend the hearing?• If there is no cure date
listed on the violation, an agent of the named respondent must appear at the ECB hearing
• The named respondent can be the owner, manager, tenant, or other entity
• Agents of the owner cannot attend a hearing where the tenant is listed as the named respondent, and vice versa
NOTICE OF VIOLATION WITH MULTIPLE INFRACTIONS
One FDNY NOV may contain multiple infractions.
Each infraction represents a separate potential penalty.
FDNY NOV PENALTIES
An FDNY NOV may contain multiple infractions. Each violating condition has an associated penalty and requires its own compliance. For example, an NOV with three different infractions could lead to a $3000 default penalty.
Attend Hearing(per infraction)
Mitigated Penalty(per infraction)
Default Penalty(per infraction)
First Violation $500 – 950 $250 - 475 $1,000
Subsequent Violations
$1500 - 2400 $750 - 1200 $5,000
VIOLATION ORDER PRINTOUT
For open VOs, you will need a copy from the FDNY Records Unit.
Here’s an example of an electronic printout for a violation: use this information to contact the FDNY District Office, check on the status of the violation, and see what steps need to be taken for it to be cleared
HANDWRITTEN VIOLATION ORDER COPY
Handwritten copies contain more detail than the electronic printouts.
Violation Orders can be identified by the letter “E” that starts the string of numbers for each violation.
CERTIFICATE OF FITNESSFDNY Certificates of Fitness are required for individuals at properties to operate and maintain hazardous or fire-safety related equipment and carry out emergency plans.
Up-to-date FDNY Certificates of Fitness are required by law for specific fire-prevention activities and conducting certain businesses or hazardous occupations. They must be renewed on schedule or late fees or retesting will be required. Violations can also be issued for failure to produce or maintain COFs.
FDNY PERMIT ACCOUNT REPORT
FDNY Permit Accounts govern equipment use permits that the FDNY has on record for a particular property.
This includes Sprinklers, Standpipes, Fuel Oil, A/C/Refrigeration, Place of Assembly, Rangehoods, Fire Alarms, and more - all of the equipment permitted and regulated by the FDNY.
SiteCompli provides a premium report of this hard-to-obtain information.
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