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 are invoices associated with annual FDNY operational permits for HVAC equipment — not the result of a code violation. However, if the required permit has lapsed or supporting documentation is missing, enforcement actions may follow.

NOVs vs. Summonses: What’s the Difference?

The FDNY uses several tools to enforce the Fire Code:

• Notice of Violation (NOV):

  • Issued for administrative or code-related violations.

  • Adjudicated through the Environmental Control Board (ECB).

  • May be “cured” by submitting a Certificate of Correction within 35 days.

• Summons:

  • Issued for more serious, immediate hazards (e.g., illegal fuel storage, locked exits).

  • Handled in Criminal Court, not ECB.

Common FDNY Violation Categories Related to HVAC and Fire Safety

FDNY NOVs cite violations using categories (VCs). The following are especially common in commercial buildings and often require a licensed engineer to resolve:

VC 3 – Failure to Obtain/Renew/Possess Permits

This includes expired or missing FDNY permits for equipment like refrigeration units or boilers. Engineers assist in evaluating the system, ensuring it meets code, and preparing documents to obtain the proper permit.

VC 19 – Certificate of Compliance (CoC)

Failure to maintain or produce a valid Certificate of Compliance for installations like HVAC systems or fuel-oil storage. Engineers must often develop construction documents, prepare DOB filings, and perform special inspections to obtain certification.

VC 20 – Required Inspection or Testing Not Conducted

Applies to systems like sprinklers, alarms, and refrigeration. Engineers and licensed contractors are typically involved in arranging the necessary testing and reporting results to FDNY.

VC 26 – Approved Refrigeration/Heating Devices or Units

Applies when refrigeration or heating equipment is not properly provided, protected, or maintained as required by the Fire Code. Engineers must assess whether systems meet FDNY standards, ensure necessary protective devices are in place, and verify maintenance procedures.

What Happens After You Receive an NOV?

1. Correct the Violation: With or without professional help, the issue must be resolved and evidence must be submitted to FDNY.

2. Submit a Certificate of Correction: Send this to the Bureau of Fire Prevention within 35 days, with supporting documentation.

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

4. Pay Fines If Applicable.

How BUILT Engineers Can Help

We help clients across NYC understand and resolve FDNY violations, including:

• Identifying violations that require engineer signoff

• Conducting required inspections and performance tests

• Obtaining Certificates of Compliance

• Assisting with FDNY permits and design corrections

FDNY violations involving mechanical and fire protection systems can seem overwhelming — but they are manageable with the right 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.