Understanding FDNY Violations, Summonses, and Invoices

Many building owners are surprised to receive an FDNY invoice for a permit account, especially related to refrigerating systems. In most cases, these invoices are linked to annual FDNY operational permits for HVAC equipment. They are not the result of a code violation. However, if the required permit has lapsed or if supporting documentation is missing, enforcement actions may follow.

Understanding FDNY Invoices

Receiving an FDNY invoice can be a shock. Many owners might feel unsure about what steps to take next. It is essential to understand that these invoices often relate to operational permits, not to legal penalties. Being proactive about permits can prevent problems down the road.

NOVs vs. Summonses: What’s the Difference?

The FDNY employs various methods to enforce the Fire Code:

• Notice of Violation (NOV):

- These are issued for administrative or code-related violations.

- NOVs are adjudicated through the Environmental Control Board (ECB).

- You can “cure” a violation by submitting a Certificate of Correction within 35 days.

• Summons:

- A summons is issued for significant or immediate hazards. Examples include illegal fuel storage or locked exits.

- Summonses are handled in Criminal Court, not the ECB.

Common FDNY Violation Categories Related to HVAC and Fire Safety

FDNY NOVs often cite violations using specific categories (VCs). These are particularly common in commercial buildings and frequently require the expertise of a licensed engineer to resolve:

VC 3 – Failure to Obtain/Renew/Possess Permits

This violation includes expired or missing FDNY permits for equipment such as refrigeration units or boilers. Engineers help evaluate the system and ensure it complies with codes. They also assist in preparing documents necessary to obtain the required permit.

VC 19 – Certificate of Compliance (CoC)

This violation arises when there is a failure to maintain or produce a valid Certificate of Compliance for installations like HVAC systems or fuel-oil storage. Engineers are often required to develop construction documents, prepare DOB filings, and conduct special inspections to obtain certification.

VC 20 – Required Inspection or Testing Not Conducted

This category pertains to systems such as sprinklers, alarms, and refrigeration. Engineers and licensed contractors typically arrange the needed testing and report results to the FDNY.

VC 26 – Approved Refrigeration/Heating Devices or Units

This violation occurs when refrigeration or heating equipment is not adequately provided, protected, or maintained as mandated by the Fire Code. Engineers must evaluate whether systems meet FDNY standards. They also ensure necessary protective devices are installed and maintenance procedures are adequate.

What Happens After You Receive an NOV?

Receiving a Notice of Violation is just the beginning. Here are the steps to take:

1. Correct the Violation: Whether you hire a professional or not, the issue must be resolved. Evidence supporting the resolution must be submitted to the FDNY.

   
   

2. Submit a Certificate of Correction: This must be sent to the Bureau of Fire Prevention within 35 days along with any necessary supporting documentation.

   
   

3. Attend an ECB Hearing (if needed): If you dispute the violation or miss the correction deadline, an appearance before the ECB becomes necessary.

   
   

4. Pay Fines If Applicable: If you incur a fine, ensure it is paid promptly to avoid further penalties.

   
   

How BUILT Engineers Can Help

We assist clients throughout NYC in understanding and resolving FDNY violations. Here’s how we can help:

• Identifying Violations: We evaluate which violations need engineer signoff.

• Conducting Inspections: Our team carries out required inspections and performance tests.

  
  

• Obtaining Certificates of Compliance: We help you acquire the necessary documentation to show compliance.

  
  

• Assisting with Permits: Our expertise extends to helping with FDNY permits and design corrections.

  
  

FDNY violations concerning mechanical and fire protection systems can be overwhelming. However, they become manageable with the appropriate technical support. If you've received an NOV related to refrigeration systems, fire safety equipment, or missing compliance documentation, reach out to BUILT Engineers. We’ll help you navigate the correction process and avoid future violations.

Conclusion: Navigating the Challenges of FDNY Compliance

In conclusion, maintaining compliance with FDNY regulations is crucial for all building owners. Understanding the various types of violations, where to seek help, and the importance of securing the right permits can save time, money, and stress. With the help of professionals, you can ensure your building remains compliant and safe. A proactive approach to these matters can mitigate the risks associated with potential violations.

Whether facing an NOV or simply planning for the future, remember that expert assistance is just a call away.