In cases where a facility is found to violate fire codes, the FDNY will issue a variety of possible violations, from minor offenses that carry a fine, to criminal summonses that can potentially lead to arrest warrants. Most violations, however, can be resolved simply by correcting the violating condition.
If the violation is a first offense and not labeled “hazardous” by the FDNY, then you may even be able to avoid penalties altogether by resolving the violation and filing a Certificate of Correction within 35 days from the day the violation was issued.
When filing a Certificate of Correction form, it needs to be with the issuing agency and you must admit that the condition or conditions causing the violation existed, and it needs to include a signed statement that says the condition(s) were corrected. If you fail to file the certificate on time, or if an inspector inspects the building and finds that the violations have not been resolved, then you will have to appear at a hearing with the Environmental Control Board (ECB) before an Administrative Law Judge (ALJ).
If you file the certificate on time, you should still inquire whether it was approved because if for some reason it was not, then you will still need to appear at the hearing.
What if You Have More Than One Violation?
When the FDNY issues a notice of violation, it may allege more than one violating rule. In such a case, you may wish to certify correction for the rules individually because each violated rule carries its own penalty.
How to Avoid FDNY Violations
Your best opportunity for avoiding costly FDNY violations and penalties is to have your fire safety system tested and inspected regularly by a certified inspector. Metro Fire Inspections is licensed in all five boroughs of NYC, Westchester County, Nassau County and Suffolk County. We adhere to all required building and fire safety codes and statutes for fire suppression system design, installation, and maintenance. Contact us today at (631) 994-0081 or click here to submit an online contact form and one of our fire safety inspectors will respond as quickly as possible.
