NYC Fire Department Violations

The New York City Fire Department (FDNY) is responsible for inspecting, testing and approving commercial fire alarm systems, fire safety plans and procedures in residential apartment buildings, places of assembly and commercial buildings throughout NYC and upon finding a condition in violation of the Fire Code, issues violations, violation orders and vacate orders. Some of these violations are heard in Environmental Control Board hearings, however, FDNY will also issue criminal court summons for severely hazardous issues or non-complying conditions in buildings with high traffic, occupancy, or with residences. The hearings for criminal summonses take place in criminal court and if not handled correctly may lead to a criminal record. A corporation or LLC has to be represented by an attorney in Criminal Court.

Fire Department Criminal Court Summonses for violations have hearings and penalties – normally the City will negotiate a plea if you can certify that the non-complying conditions have been corrected according to regulations and the Code. If you cannot certify correction, the hearing will be adjourned until you can, or if you cannot, the City's offer will be much more costly then if you can show corrective action. If you are amendable to a plea offer, you have the right to a trial. Martin Novar is skilled in vacating a judgment with default fines if you have missed your court date.

The violation orders are informative and do not carry penalties but if the non-complying condition is not corrected before the next inspection – usually within 30 days, a Summons will be issued.

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