ECB's Fire Penalty Schedule
Proposed Rules: Closed to Comments
Statement of Basis and Purpose
The Environmental Control Board (ECB) proposes to amend its Fire Department (FDNY) Penalty Schedule. This schedule is found in Section 3-106 of Subchapter G of Chapter 3 of Title 48 of the Rules of the City of New York (RCNY).
ECB proposes two amendments, described as follows:
- Section 109-02 of Title 3 of the RCNY sets forth violation categories for the laws, rules, and regulations enforced by the Fire Department through the issuance of notices of violations returnable before the ECB. The failure to prevent unnecessary or unwarranted alarms pursuant to Section 907.20.6 of the Fire Code and Section 907-01(c) of Title 3 of the RCNY had previously been enforced as a Violation Category (VC) 11 violation. Section 109-02 was amended to clarify that the failure to prevent unnecessary or unwarranted alarms would be enforced under VC 12, rather than VC 11.
- Penalties: The penalties for a VC 12 violation are generally higher than the penalties for a VC 11 violation. Although the failure to prevent unnecessary or unwarranted alarms is now included within VC 12, the penalties for this violation remain unchanged. ECB is thus amending its penalty schedule to reflect that the penalties for this particular VC 12 violation will be the same as the penalties for a VC 11 violation.
Section 2: ECB is proposing to add two new entries to its FDNY Penalty Schedule related to two provisions of the Fire Code (FC).
- The first entry establishes penalties for the violation of FC 2609.8.
- FC 2609.8 sets forth requirements related to the use of piped natural gas with oxygen in any hot work operation, including requirements for the use of certain protective equipment, and applies to both new and existing installations.
- The second entry establishes penalties for the violation of FC 3205.4.
- FC 3205.4 sets forth requirements related to the filling and dispensing of cryogenic fluids. A cryogenic fluid is defined as a fluid having a boiling point lower than -130°F (-89.9°C) at 14.7 pounds per square inch absolute (psia) (an absolute pressure of 101.3 kPa).
- Penalties: The proposed penalties for violations of these two Fire Code provisions are within the guidelines set forth in Section 15-229 of the New York City Administrative Code. Section 15-229 authorizes a maximum penalty of $1000 for a first violation and a maximum penalty of $5000 for second and subsequent violations. No minimum penalty is mandated.