Buildings Penalty Schedule II B200

User Manual: B200

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Current through Memo 797
Buildings Penalty Schedule II: Effective For Notices of Violation With a
Date of Occurrence On or After July 1, 2008:
The Penalty Schedule set forth below, Buildings Penalty Schedule II, sets forth the
penalties that will be imposed in connection with Notices of Violation with a date of occurrence on
or after July 1, 2008.
1.) Legal References. The legal references referred to in this Penalty Schedule include the
following:


Title 28 of the New York City (NYC) Administrative Code. References to Title 28 of the
NYC Administrative Code begin with “28-“ (for example, “28-201.1). The citation “28Misc.” refers to provisions of Title 28 that are not specifically designated elsewhere in the
Penalty Schedule.



Title 27 of the NYC Administrative Code (also known as the “1968 Building Code”).
References to title 27 of the NYC Administrative Code begin with “27-“ (for example, “27371”). The citation “27-Misc.” refers to provisions of Title 27 that are not specifically
designated elsewhere in the Penalty Schedule.



The “New York City Construction Codes,” which consist of:
- The New York City plumbing code (PC)
- The New York City building code (BC)
- The New York City mechanical code (MC)
- The New York City fuel gas code (FGC)
References to these New York City Construction Codes are designated by the various
abbreviations set out above (for example, “BC3010.1”). The citations “BC-Misc.”, “PCMisc.”, “MC-Misc.” and “FGC-Misc.” refer to provisions of the New York City building,
plumbing, mechanical or fuel gas code that are not specifically designated elsewhere in
the Penalty Schedule.



Appendices to the New York City Construction Codes (the New York City Construction
Codes include all enacted appendices, as per §28-102.6 of the NYC Administrative
Code). References to Appendices are cited by using the abbreviation for the particular
Construction Code followed by the applicable Appendix letter (for example, “H”) followed
by the applicable section number (for example, “BC H103.1”).



The NYC Zoning Resolution (ZR) and the Rules of the City of New York (RCNY).
References to the Zoning Resolution and to the Rules of the City of New York are
designated by the abbreviations “ZR” and “RCNY” (for example, “ZR25-41”; “1 RCNY901”). The citations “1 RCNY-Misc.” and “ZR-Misc.” refer to provisions of 1 RCNY or the
Zoning Resolution that are not specifically designated elsewhere in the Penalty Schedule.



Reference Standards that pertain to Title 27 of the NYC Administrative Code (RS).
References to the Reference Standards are designated by the abbreviation set out above
(for example, “RS-16”). The citation “RS-Misc.” refers to Reference Standards that are
not specifically designated elsewhere in the Penalty Schedule.

2.) Citations to the New York City Construction Codes. Whenever a section or subdivision of the
New York City Construction Codes is cited or referred to, subordinate consecutively
numbered subdivisions or paragraphs of the cited provision are deemed to be included in such
reference unless the context or subject matter requires otherwise.
3.) Classification of Violations. Pursuant to the Rules of the Department of Buildings set out in
Title 1 of the Rules of the City of New York, for purposes of classifying violations pursuant to

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Current through Memo 797
section 28-201.2 of the Administrative Code, the following terms shall have the following
meanings:
 IMMEDIATELY HAZARDOUS VIOLATION. Immediately hazardous violations are those
specified as such by the New York City Construction Codes, or those where the violating
condition poses a threat that severely affects life, health, safety, property, the public
interest, or a significant number of persons so as to warrant immediate corrective action,
or, with respect to outdoor advertising, those where the violation and penalty are
necessary as an economic disincentive to the continuation or the repetition of the
violating condition.) Immediately hazardous violations shall be denominated as Class 1
violations.

 MAJOR VIOLATION. Major violations are those specified as such by the New York City
Construction Codes or those where the violating condition affects life, health, safety,
property, or the public interest but does not require immediate corrective action, or, with
respect to outdoor advertising, those where the violation and penalty are appropriate as
an economic disincentive to the continuation or the repetition of the violating condition.
Major violations shall be denominated as Class 2 violations.

 LESSER VIOLATION. Lesser violations are those where the violating condition has a
lesser effect than an immediately hazardous (Class 1) or major violation (Class 2) on life,
health, safety, property, or the public interest. Lesser violations shall be denominated as
Class 3 violations.

In this Penalty Schedule, the classification of any particular charge is indicated in the column of
the Penalty Schedule that is entitled “”Classification.” In some instances, where so indicated in
this Penalty Schedule, a violation of a particular section of law may be charged by the
Department of Buildings as either an “Class 1” violation, or as a “Class 2” violation, or as a “Class
3” violation, depending upon the assessment by the Department of Buildings as to the
classification that is warranted for the particular violation in question.
4.) Aggravated Penalties: If a Notice of Violation charges a violation as an Aggravated I or as an
Aggravated II violation and the respondent is found in violation, then aggravated penalties of the
first order (“Aggravated I”) or aggravated penalties of the second order (“Aggravated II”) penalties
will be imposed. This Penalty Schedule sets forth the Aggravated I or Aggravated II penalties
that will apply. Pursuant to the Rules of the Department of Buildings set out in Title 1 of the Rules
of the City of New York, the Department of Buildings will charge a violation as an Aggravated I or
Aggravated II violation under the following circumstances:
(1) Aggravated penalties of the first order. Aggravated penalties of the first order (“Agg.
I”) shall be imposed in the following instances:
(i) Aggravated penalties of the first order. Aggravated penalties of the first order
(“Agg. I”) shall be imposed when evidence establishes the same condition or the
same charge under the New York City Construction Codes or the predecessor
charge under the laws in effect prior to July 1, 2008, in a prior enforcement action
against the same owner or responsible party during the previous three years.
(2) Aggravated penalties of the second order. Aggravated penalties of the second order (“Agg. II”)
shall be imposed in the following instances:
(i) When the respondent or defendant is found in violation of any law or rule
enforced by the Department where the violation of law is accompanied by or results in an

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Current through Memo 797
accident, or poses a substantial risk thereof; is accompanied by, or results in a fatality or
serious injury, or poses a substantial risk thereof; or where the violating condition affects
a significant number of people; or
(ii) Where the respondent refuses to give the Department of Buildings requested
information necessary to determine the condition of a building or site; or
(iii) Where the respondent has a history of non-compliance with laws or rules
enforced by the Department of Buildings at one or more locations, including but not
limited to a pattern of unreasonable delays in correcting violations, a pattern of failing to
obey Stop Work Orders, filing false documents, or multiple defaults.
5.) Mitigation. A violation that is otherwise subject to a standard penalty or to an Aggravated I
penalty is potentially eligible for a mitigated penalty if and only if this Penalty Schedule so
indicates by a “Yes” in the “Mitigated Penalty” column. If a violation is potentially eligible for a
mitigated penalty, a mitigated penalty will be imposed if the respondent proves at the hearing that
the violating condition was corrected prior to the first scheduled hearing date at ECB. (A
certificate of correction must thereafter be filed by the respondent with the Department of
Buildings in accordance with its Rules.) If a mitigated penalty is imposed, that mitigated penalty
will be half of the penalty amount rounded to the nearest dollar (i.e., either half of the standard
penalty amount or half of the Aggravated I penalty amount, whichever is applicable) that would
otherwise have been imposed at a hearing for that particular violation. A mitigated penalty is
never available in connection with a violation that has been charged by the Department of
Buildings as an Aggravated II charge. (This is the case even if there is a “Yes” in the “Mitigated
Penalty” column in this Penalty Schedule.)
6.) Additional Daily and Monthly Penalties. Additional daily penalties may be imposed in
connection with certain Class 1 violations. Additional monthly penalties may be imposed in
connection with certain Class 2 violations. If such penalties are sought by the Department of
Buildings in connection with a particular Class 1 or Class 2 charge, that will be indicated on the
Notice of Violation.
Such daily or monthly penalties, if applicable, are in addition to the set penalty amount
that also is indicated in this Penalty Schedule as applicable to the type of violation in question
taking into account the classification level and Aggravated level of the particular violation.
Imposition of such additional daily and monthly penalties is authorized pursuant to Section 28202.1 of the New York City Administrative Code.
Accrual of Daily Penalties: Daily penalties, if applicable, will accrue at the rate set forth in
this Penalty Schedule per day for a potential total of forty-five days running from the date of the
Order to Correct of the Commissioner of the Department of Buildings that is set forth in the Notice
of Violation unless the violating condition is proved by the respondent at the hearing to have been
corrected prior to the end of that forty-five day period, in which case the daily penalties will accrue
for every day up to the date of that proved correction.
Accrual of Monthly Penalties: Monthly penalties, if applicable, accrue at the rate set forth
in this Penalty Schedule per month for a potential total of one month running from the date of the
Order to Correct of the Commissioner of the Department of Buildings that is set forth in the Notice
of Violation unless the violating condition is proved by the respondent at the hearing to have been
corrected prior to the end of a month period.
7.) Cures. Certain violations are potentially eligible for a cure by correction within forty days
running from the date of the Order to Correct of the Commissioner of the Department of Buildings
that is set forth in the Notice of Violation. This Penalty Schedule indicates which violations are
potentially subject to cure. A cure constitutes an admission of the charged violation; results in a
finding of violation in connection with that charged violation; dispenses with the need for a hearing

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Current through Memo 797
at ECB; may constitute a prior violation in relation to later-issued violations, for purposes of
determining if those later-issued violations have an Aggravated I or Aggravated II status; and
results in a zero penalty. As is indicated in this Penalty Schedule, and consistent with the
provisions of Section 28-204.2 of the NYC Administrative Code, all violations that are designated
as Class 3 violations are eligible for cure. Also some, but not all, violations that are designated as
Class 2 violations are eligible for cure. (Note: A violation that has been charged as an Aggravated
II violation is never eligible for a cure. This is the case even if there is a “Yes” in the “Cure”
column in this Penalty Schedule.) In order to cure, the respondent must file a certificate of
correction acceptable to the Department of Buildings with the Department of Buildings within the
forty day period.
8.) Stipulations. Stipulations are agreements between the Department of Buildings and a
respondent, subject to approval by the Environmental Control Board. If a violation is potentially
eligible for a stipulation, that is indicated in this Penalty Schedule. Even where a violation is
potentially eligible for a stipulation, a stipulation is only available if the Department of Buildings in
fact makes an offer of such a stipulation in connection with the particular Notice of Violation.
(Note: A violation that has been charged as an Aggravated II violation is never eligible for a
stipulation. Also, a violation that is charged as Class 1 is never eligible for a stipulation. This is
the case even if there is a “Yes” in the “Stipulation” column in this Penalty Schedule.) There are
both pre-hearing stipulations, and hearing stipulations. Those terms are defined below.
If a respondent enters into a stipulation (whether a pre-hearing stipulation or a hearing
stipulation), that stipulation constitutes an agreement whereby the Department of Buildings
agrees not to issue another violation to the same respondent for the same violating condition for a
period of seventy-five days running from the first scheduled hearing date; and whereby the
respondent admits the violation, resulting in a finding of violation; and whereby the respondent
agrees to correct the violation and to file an acceptable Certificate of Correction with the
Department of Buildings within the seventy-five day period running from the first scheduled
hearing date. Additionally, in connection with pre-hearing stipulations only (not hearing
stipulations), a lesser penalty is imposed.
The Department of Buildings will in no event offer a stipulation if the violation has been
charged as an Aggravated II violation, or has been deemed “Class 1” by the Issuing Officer on
the NOV, or if the charge on the Notice of Violation is amended to indicate an “Class 1” or a
“Class 2” violation that is not potentially eligible to receive a stipulation.
Pre-hearing stipulations: A “pre-hearing stipulation” is a stipulation that is offered and can
be accepted only prior to the first scheduled hearing date, or else on the first scheduled hearing
date but prior to any actual hearing on that date. A violation is eligible for a pre-hearing stipulation
if this Penalty Schedule so indicates (indicated via a “Yes” in the “Stipulation” column of this
Penalty Schedule) and if the Department of Buildings in fact offers a pre-hearing stipulation in
connection with the particular Notice of Violation in question. Pre-hearing stipulation offers are
made via a mailed notice. (If a respondent is uncertain whether a pre-hearing stipulation offer
has been made in connection with a particular Notice of Violation, the respondent may call ECB
to inquire.) No pre-hearing stipulation shall take effect unless it is offered by the Department of
Buildings prior to the first scheduled hearing date, signed by respondent prior to or on the first
scheduled hearing date, and approved by ECB in writing.
If a pre-hearing stipulation is offered in connection with a particular Notice of Violation
and is timely accepted by the respondent, and if the respondent then files an acceptable
Certificate of Correction within the seventy-five-day time period, then the penalty imposed for that
violation will be half of the penalty amount (rounded to the nearest dollar) of the penalty amount
that would otherwise have been imposed at a hearing for that particular violation.
However, if a pre-hearing stipulation is offered in connection with a particular Notice of
Violation and is timely accepted by the respondent, but the respondent in connection with a

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Current through Memo 797
particular pre-hearing stipulation then fails to file an acceptable certificate of correction with the
Department of Buildings within the seventy-five-day time period, then the penalty imposed for that
violation will rise to the full penalty amount that would have been imposed at a hearing if a
hearing had been held.
Hearing stipulations: A hearing stipulation is a stipulation that is offered and can be
accepted at a hearing. A violation is eligible for a hearing stipulation if this Penalty Schedule so
indicates (via a “yes” in the “Stipulation” column of this Penalty Schedule) and if the Department
of Buildings in fact offers a hearing stipulation at the hearing in connection with the particular
Notice of Violation.
If a hearing stipulation is offered in connection with a particular Notice of Violation and is
accepted by the respondent, it constitutes an agreement as described above, whereby
respondent agrees to correct the violation and file an acceptable certificate of correction within
the seventy-five day period, and whereby the Department of Buildings agrees not to issue
another violation to the same respondent for the same violating condition within that seventy-five
day time period. No hearing stipulation shall take effect unless it is offered by the Department of
Buildings at the hearing, accepted by the respondent at that hearing, and is approved in writing
by ECB.

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Current through Memo 797
Section of
Law

Classification

Violation Description

Cure

Stipulation

Standard
Penalty

Mitigated
Penalty

Default
Penalty

Aggravated I
Penalty

1 RCNYMisc, RS-Misc
B179

Class 1

Miscellaneous
violations.

No

No

$1,600

No

$8,000

$4,000

1 RCNYMisc, RS-Misc
B279

Class 2

Miscellaneous
violations.

Yes

Yes

$800

Yes

$4,000

$2,000

1 RCNYMisc, RS-Misc
B379

Class 3

Miscellaneous
violations.

Yes

Yes

$300

Yes

$500

$500
$

$800

Yes

$10,000

2,000

1 RCNY 5-02

Class 2

Failure to meet the
requirements of
licensing/
identification/
qualification as required
by 1 RCNY 5-02

Yes

No

B2B3

1 RCNY 27-03
B159

1 RCNY 9-01
B144

1 RCNY 9-01
B244

1 RCNY 9-03
B145

1 RCNY 9-03
B245

Class 1

Prohibited sign on
sidewalk shed or
construction fence.

No

No

$10,000

Yes

$25,000

$25,000

Class 1

Licensed Rigger
designated an
unqualified foreman.

No

No

$1,600

No

$8,000

$4,000

Class 2

Licensed Rigger
designated an
unqualified foreman.

No

No

$800

Yes

$4,000

$2,000

Class 1

Licensed Rigger failed to
ensure scaffold worker
met minimum req.

No

No

$1,600

No

$8,000

$4,000

Class 2

Licensed Rigger failed to
ensure scaffold worker
met minimum req.

No

No

$800

Yes

$4,000

$2,000

6

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Current through Memo 797

Outdoor Ad. Co. failed to
comply with
Commissioner’s signrelated Order

No

No

$10,000

Yes

$25,000

$25,000

Failure of Approved
agency to comply with
requirements of 1 RCNY
101-07

Yes

No

$800

Yes

$10,000

$2,000

Class 2

Operation of an elevator
without equipment use
permit or service
equipment Certificate of
Compliance.

Yes

Yes

$500

Yes

$2,500

$1,250

Class 2

Failure to file an
Architect/Engineer
report certifying
exit/directional signs are
connected to emergency
power source/storage
battery equipment.

Yes

No

$800

Yes

$4,000

$2,000

27-369 & BC
1020.2
B127

Class 1

Failure to provide
unobstructed exit
passageway.

No

No

$1,200

No

$6,000

$3,000

27-371 & BC
715.3.7
B252

Class 2

Exit door not selfclosing.

Yes

No

$500

Yes

$2,500

$1,250

Class 2

Failure to provide power
for emergency exit
lighting.

Yes

No

$500

Yes

$2,500

$1,250

Class 1

Failure to install
photoluminescent exit
path marking in a highrise building.

No

No

$4,800

Yes

$24,000

$12,000

Class 2

Emergency signs at
elevator call stations
missing, defective or
non-compliant with
section requirements.

Yes

Yes

$500

Yes

$2,500

$1,250

Class 2

Stair identification signs
missing and/or
defective.

Yes

Yes

$500

Yes

$2,500

$1,250

1 RCNY 49-03
Class 1
B1B7

1 RCNY 10107

Class 2

B2B4

27-185 & BC
3007.1
B262

27-228.5
B242

27-382 & BC
1006.3
B237

27-383(b) &
BC 403.16
B134

27-391 & BC
3002.3
B234

27-393 & BC
1019.1.7
B235

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Current through Memo 797

27-509 & BC
3111.1
B307

27-528 & BC
1024.1.3
B219

27-901(z)(1) &
PC 301.6
B270

27-904 & FGC
406.6.2
B156

27-904 & FGC
406.6.2
B256

27-921(a) &
PC 107.3
B158
27-921(a) &
PC 107.3
B258

27-972(h) &
BC 907.2.12.3
B240

27-Misc, 28Misc, BC –
Misc
B106
27-Misc, 28Misc, BC –
Misc
fb221

27-Misc, 28Misc, BC Misc
B306

28-104.2.2
B210

Class 3

Fence exceeds
permitted height.

Yes

Yes

$200

Yes

$500

$500

Class 2

Approved Place of
Assembly plans not
available for inspection.

Yes

No

$500

Yes

$2,500

$1,250

Class 2

Piping installed in
elevator/counterweight
hoistway.

Yes

No

$500

Yes

$2,500

$1,250

Class 1

Gas being supplied to
building without
inspection and
certification by DOB.

No

No

$1,000

No

$5,000

$2,500

Class 2

Gas being supplied to
building without
inspection and
certification by DOB.

No

No

$500

Yes

$2,500

$1,250

No

No

$1,000

No

$5,000

$2,500

Class 2

Failure to have new or
altered plumbing system
tested.
Failure to have new or
altered plumbing system
tested.

Yes

No

$500

Yes

$2,500

$1,250

Class 2

Failure to install an
acceptable two-way
voice communication
system with central
station connection.

Yes

No

$500

Yes

$2,500

$1,250

Class 1

Miscellaneous
violations.

No

No

$1,600

No

$8,000

$4,000

Class 2

Miscellaneous
violations.

Yes

Yes

$800

Yes

$4,000

$2,000

Class 3

Miscellaneous
violations.

Yes

Yes

$300

Yes

$500

$500

Class 2

Failure to provide
approved/accepted
plans at job site at time
of inspection.

Yes

No

$500

Yes

$2,500

$1,250

Class 1

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Current through Memo 797

Class 2

Failed to obtain a
temporary construction
permit prior to
installation/use of
sidewalk shed.

Yes

No

$500

Yes

$2,500

$1,250

Class 1

Work without a permit.

No

No

$1,600

Yes

$8,000

$4,000

Class 2

Work without a permit.

Yes

Yes

$800

Yes

$4,000

$2,000

28-105.1
b128

Class 3

Work without a permit.

Yes

Yes

$200

Yes

$500

$500

28-105.1
B207

Class 2

Yes

Yes

$800

Yes

$4,000

$2,000

28-105.1
B113

Class 1

Work without a permit:
Expired permit.
Construction or
alteration work w/o a
permit in manufacturing
district for residential
use.

No

No

$2,400

No

$12,000

$6,000

Class 2

Construction or
alteration work w/o a
permit in manufacturing
district for residential
use.

No

No

$1,500

Yes

$7,500

$3,750

Class 1

Demolition work without
required demolition
permit

No

No

$4,800

No

$24,000

$12,000

No

No

$2,400

No

$12,000

$6,000

No

Yes

$1,500

Yes

$7,500

$3,750

No

Yes

$1,200

Yes

$6,000

$3,000

28-105.1
B250
28-105.1
B101
28-105.1
b201

28-105.1
B213

28-105.1
B121

28-105.1
B157

Class 1

28-105.1
B257

Class 2

Plumbing work without a
permit in manufacturing
district for residential
use.
Plumbing work without a
permit in manufacturing
district for residential
use.

Class 2

Outdoor sign on display
structure without a
permit.

28-105.1
B274

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Current through Memo 797

Class 2

Fail to
complete/implement/am
end bike acc
plan/provide req. for
excep.

No

No

$800

Yes

$4,000

$2,000

Class 2

Fail to implement terms
/conditions of bike acc
plan/ltr of excep.

No

No

$800

Yes

$4,000

$2,000

Class 2

Fail to post a bike acc
plan/ltr of excep/notice
of plan/letter.

No

No

$800

Yes

$4,000

$2,000

28-504.3
B2A3
28-504.3(2)
B2A4
28-504.6
B2A5
28-504.7
B2A6

Class 2

28-105.12.2
B182

Class 1

Fail to timely file bike
acc plan or amendment
with DOT.
Work does not conform
to approved construction
documents and/or
approved amendments

28-105.1
B160

Class 1

Outdoor Ad Co sign on
display structure without
a permit.

28-105.12.1

Class 2

Outdoor sign permit/app
contrary to Code and ZR
req.

No

No

$800

Yes

$4,000

$2,000

No

No

$1,000

No

$5,000

$2,500

No

No

$10,000

Yes

$25,000

$25,000

No

No

$2,400

No

$10,000

$10,000

B2A1

28-105.11
B220

28-105.12.2
B282

28-105.12.2
B382

28-105.12.2
B114

Class 2

Failure to post permit for
work at premises

Yes

Yes

$800

Yes

$4,000

$2,000

Class 2

Work does not conform
to approved construction
documents and/or
approved amendments.

Yes

Yes

$500

Yes

$2,500

$1,250

Class 3

Work does not conform
to approved construction
documents and/or
approved amendments.

Yes

Yes

$200

Yes

$500

$500

Class 1

Work does not conform
to approved construction
documents and/or
approved amendments
in a manufacturing
district for residential
use.

No

No

$4,800

No

$24,000

$12,000

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Current through Memo 797

28-105.12.2
B214

28-105.12.2
B125

28-105.12.2
B225

28-105.12.2
B161

28-110.1
B185

Class 2

Work does not conform
to approved construction
documents and/or
approved amendments
in a manufacturing
district for residential
use.

No

No

$2,400

Yes

$10,000

$6,000

Class 1

Place of Assembly
contrary to approved
construction documents.

No

No

$1,000

No

$5,000

$2,500

Class 2

Place of Assembly
contrary to approved
construction documents.

Yes

Yes

$500

Yes

$2,500

$1,250

Class 1

Outdoor Ad Co sign is
contrary compliance with
construction documents.

No

No

$10,000

Yes

$25,000

$25,000

Class 1

Failure to provide
evidence or workers
attending construction &
safety course

No

No

$1,200

No

$6,000

$3,000

Yes

$5,000

28-116.1
Class 2
B2A7

28-110.1
B186

28-117.1
B122

Failure of permit holder
to provide inspection
access to and/or expose
ongoing construction or
work on an active and
permitted worksite

No

No

$,2000

$5,000

Class 1

Failure to conduct
workers’ site-specific
safety orientation
program per site safety
plan.

No

No

$1,200

No

$6,000

$3,000

Class 1

Operation of a Place of
Assembly without a
current Certificate of
Operation.

No

No

$1,600

No

$8,000

$4,000

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Current through Memo 797

28-117.1
B222

28-118.2
B107

28-118.3
B108

28-118.3
B208

28-118.3
B124

28-118.3
B224

28-118.3.2
B103

Class 2

Operation of a Place of
Assembly without a
current Certificate of
Operation.

Yes

No

$800

Yes

$4,000

$2,000

Class 1

New building or open lot
occupied without a valid
certificate of occupancy.

No

No

$1,000

No

$5,000

$2,500

Class 1

Altered/changed building
occupied without a valid
Certificate of Occupancy
as per §28-118.3.1 §28-118.3.2.

No

No

$1,000

No

$5,000

$2,500

Class 2

Altered/changed building
occupied without a valid
Certificate of Occupancy
as per §28-118.3.1 §28-118.3.2.

Yes

Yes

$500

Yes

$2,500

$1,250

Class 1

Change in
occupancy/use of C of O
as per §28-118.3.1 §28-118.3.2 by
operating a Place of
Assembly as per when
current C of O does not
allow such occupancy.

No

No

$1,000

No

$5,000

$2,500

Class 2

Change in
occupancy/use of C of O
as per §28-118.3.1 §28-118.3.2 by
operating a Place of
Assembly as per when
current C of O does not
allow such occupancy.

Yes

No

$500

Yes

$2,500

$1,250

Class 1

Occupancy contrary to
that allowed by the
Certificate of Occupancy
or Building Department
records.

No

No

$2,400

No

$12,000

$6,000

12

Current through Memo 797

28-201.1
B187

28-118.3.2
B203

28-118.3.2
B303

28-202.1
B172

28-202.1
B298

28-202.1
B299

28-202.1
B273

28-202.1
B297

28-204.4
B263

28-207.2.2
B112

Class 1

Unlawful Acts. Failure to
comply with an order of
the Commissioner

No

No

$2,400

No

$12,000

$6,000

Class 2

Occupancy contrary to
that allowed by the
Certificate of Occupancy
or Building Department
records.

Yes

Yes

$1,200

Yes

$6,000

$3,000

Class 3

Occupancy contrary to
that allowed by the
Certificate of Occupancy
or Building Department
records.

Yes

Yes

$400

Yes

$500

$500

Class 1

Additional daily penalty
for Class 1 violation of
28-210.1 - 1 or 2 family
converted to 4 or more
families.

No

No

1,000/day

No

$45,000

NA

Class 2

Additional monthly
penalty for continued
violation of 28-210.1

No

No

$250/month

No

$10,000

NA

Class 1

Additional daily civil
penalties for continued
violations.

No

No

$1,000/day

No

$25,000

NA

Class 2

Additional monthly civil
penalties for continued
violations.

No

No

$250/month

No

$10,000

NA

No

No

$250/month

No

$10,000

NA

Class 2

Failure to comply with
the commissioner's
order to file a certificate
of correction with the
Department of Buildings.

No

No

$800

Yes

$4,000

$2,000

Class 1

Unlawfully continued
work while on notice of a
stop work order.

No

No

$4,800

No

$24,000

$12,000

Additional monthly
penalty for continued
violation of 28-210.2
Class 2

13

Current through Memo 797

28-210.1
B105

28-210.1
B200

28-210.2
B216

28-210.2
B271

28-211.1
B153

28-211.1
B188

28-216.12.1
B286

28-216.1.6
B1A9

28-301.1
B102

28-301.1
B202

Class 1

Residence altered for
occupancy as a dwelling
from 1 or 2 families to 4
or more families.

No

No

$2,400

No

$12,000

$6,000

Class 2

Residence altered for
occupancy as a dwelling
for more than the legally
approved number of
families

No

No

$1,200

No

$6,000

$3,000

Class 2

Maintain or permit
conversion of
industrial/manufacturing
bldg to residential use
w/out C of O/code
compliance

No

No

$2,400

No

$10,000

$6,000

Class 2

Plumbing work contrary
to approved app’n/plans
that assists/maintains
convers’n of
indust/manuf occupancy
for resid use

No

Yes

$1,500

Yes

$7,500

$3,750

Class 1

Filed a certificate, form,
application etc.,
containing a material
false statement(s).

No

No

$4,800

Yes

$24,000

$12,000

Class 1

Filed a certificate of
correction or other
related materials
containing material false
statement(s).

No

No

$4,800

No

$24,000

$12,000

Class 2

Failure to submit
required report of
inspection of potentially
compromised building.

Yes

Yes

$800

Yes

$4,000

$2,000

Class 1

Failure to immediately
notify Department that
building or structure has
become potentially
compromised

No

No

$1,200

No

$6,000

$3,000

Class 1

Failure to maintain
building in codecompliant manner.

No

No

$1,000

No

$5,000

$2,500

Class 2

Failure to maintain
building in codecompliant manner.

Yes

Yes

$500

Yes

$2,500

$1,250

14

Current through Memo 797

28-301.1
B302

28-301.1
B126

28-301.1
B226

28-301.1
B132

28-301.1
B232

28-301.1
B133

28-301.1
B233

Class 3

Failure to maintain
building in codecompliant manner.

Yes

Yes

$200

Yes

$500

$500

Class 1

Failure to maintain
building in codecompliant manner: Use
of prohibited door and/or
hardware per BC
1008.1.8; 27-371(j).

No

No

$1,000

No

$5,000

$2,500

Class 2

Failure to maintain
building in codecompliant manner: Use
of prohibited door and/or
hardware per BC
1008.1.8; 27-371(j).

Yes

No

$500

Yes

$2,500

$1,250

Class 1

Failure to maintain
building in codecompliant manner:
illumination for exits, exit
discharges and public
corridors per BC
1006.1;27-381.

No

No

$1,000

No

$5,000

$2,500

Class 2

Failure to maintain
building in codecompliant manner:
illumination for exits, exit
discharges and public
corridors per BC
1006.1;27-381.

Yes

No

$500

Yes

$2,500

$1,250

Class 1

Failure to maintain
building in codecompliant manner: floor
numbering signs missing
and/or defective per BC
1019.1.7;27-392

No

No

$1,000

No

$5,000

$2,500

Class 2

Failure to maintain
building in codecompliant manner: floor
numbering signs missing
and/or defective per BC
1019.1.7;27-392

Yes

Yes

$500

Yes

$2,500

$1,250

15

Current through Memo 797

28-301.1
B136

28-301.1
B236

28-301.1
B137

28-301.1
B138

28-301.1
B238

28-301.1
B249

Class 1

Failure to maintain
building in codecompliant manner: highrise to provide exit sign
requirement(s) within
exits per BC
1011.1.1;27-383.1.

No

No

$2,400

No

$12,000

$6,000

Class 2

Failure to maintain
building in codecompliant manner: highrise to provide exit sign
requirement(s) within
exits per BC
1011.1.1;27-383.1.

Yes

No

$1,200

Yes

$6,000

$3,000

Class 1

Failure to maintain
building in codecompliant manner: lack
of emergency power or
storage battery
connection to exit signs
per BC 1011.5.3; 27-384
©.

No

No

$4,800

Yes

$24,000

$12,000

Class 1

Failure to maintain
building in codecompliant manner: lack
of emergency lighting for
exits, exit discharges
and public corridors per
BC 1006.1; 27-542.

No

No

$1,000

No

$5,000

$2,500

Class 2

Failure to maintain
building in codecompliant manner: lack
of emergency lighting for
exits, exit discharges
and public corridors per
BC 1006.1; 27-542.

Yes

No

$500

Yes

$2,500

$1,250

Class 2

Failure to maintain
building in codecompliant manner:
failure to provide noncombustible proscenium
curtain per BC410.3.5;
27-546.

Yes

Yes

$500

Yes

$2,500

$1,250

16

Current through Memo 797

28-301.1
B139

28-301.1
B239

28-301.1
B140

28-301.1
B189

28-301.1
B151

28-301.1
B251

28-301.1
B351

28-301.1
B154

Class 1

Failure to maintain
building in codecompliant manner: no
fire stopping per BC
712.3; 27-345.

No

No

$1,000

No

$5,000

$2,500

Class 2

Failure to maintain
building in codecompliant manner: no
fire stopping per BC
712.3; 27-345.

Yes

No

$500

Yes

$2,500

$1,250

Class 1

Failure to maintain
building in codecompliant manner:
Improper exit/exit
access doorway
arrangement per BC
1014.2;27-361.

No

No

$1,200

No

$6,000

$3,000

Class 1

Failure to maintain
building in a code
compliant matter. Failure
to provide number of
required means of
egress for every floor
per BC 1018.1 & 27.366

No

No

$1,200

No

$6,000

$3,000

Class 1

Failure to maintain
building in codecompliant manner:
service equipment –
elevator per BC
3001.2;27-987.

No

No

$1,000

No

$5,000

$2,500

Class 2

Failure to maintain
building in codecompliant manner:
service equipment –
elevator per BC
3001.2;27-987.

Yes

Yes

$500

Yes

$2,500

$1,250

Class 3

Failure to maintain
building in codecompliant manner:
service equipment –
elevator per BC
3001.2;27-987.

Yes

Yes

$200

Yes

$500

$500

Class 1

Failure to maintain
building in codecompliant manner:
service equipment –
boiler.

No

No

$1,000

No

$5,000

$2,500

17

Current through Memo 797

28-301.1
B254

28-301.1
B354

28-301.1
B155

28-301.1
B255

28-301.1
B266

28-301.1
B267

28-301.1
B268

Class 2

Failure to maintain
building in codecompliant manner:
service equipment –
boiler.

Yes

Yes

$500

Yes

$2,500

$1,250

Class 3

Failure to maintain
building in codecompliant manner:
service equipment –
boiler.

Yes

Yes

$200

Yes

$500

$500

Failure to maintain
building in codecompliant manner: lack
of a system of automatic
sprinklers where
required per BC 903.2;
27-954.

No

No

$1,000

No

$5,000

$2,500

Class 2

Failure to maintain
building in codecompliant manner: lack
of a system of automatic
sprinklers where
required per BC 903.2;
27-954.

No

No

$500

Yes

$2,500

$1,250

Class 2

Fail to maintain building
in code-compliant
manner re:
installation/maintenance
of plumbing materials/
equipment per
PC102.3;27-902.

Yes

Yes

$500

Yes

$2,500

$1,250

Class 2

Failure to maintain
building in codecompliant manner: Gas
vent reduced or
undersized as per FGC
504.2;27-887.

No

No

$500

Yes

$2,500

$1,250

Class 2

Failure to maintain
building in codecompliant manner:
failure to comply with
law for water supply
system per PC
602.3;27-908©.

No

No

$500

Yes

$2,500

$1,250

Class 1

18

Current through Memo 797

28-301.1
B269

28-301.1
B273

28-301.1
B285

28-301.1
B163

28-301.1
B278

28-302.1
B104

28-302.1
B204

28-302.1
B304

28-302.4
B230

Class 2

Failure to maintain
building in codecompliant manner:
failure to comply with
law for drainage system
per PC 702.1;27-911.

No

No

$500

Yes

$2,500

$1,250

Class 2

Failure to maintain
building in codecompliant manner:
Plumbing fixture(s) not
trapped and/or vented
per PC 916.1 & PC
1002.1; 27-901(o).

No

No

$500

Yes

$2,500

$1,250

Class 2

Failure to maintain
building in a code
complaint manner.
Exhaust discharge must
be no closer than 10 feet
from building opening as
per RS 2-2.1.4 & MC
401.5.2

Yes

No

$800

Yes

$4,000

$2,000

Class 1

Failure to maintain
building in codecompliant manner: Misc
sign violation by Outdoor
Ad Co as per 27-498
through 27-508 & BC
H103.1.

No

No

$10,000

Yes

$25,000

$25,000

Class 2

Failure to maintain sign
in accordance w
Tit.27;Tit.28;ZR;RCNY

No

Yes

$800

Yes

$4,000

$2,000

Class 1

Failure to maintain
building wall(s) or
appurtenances.

No

No

$1,000

No

$5,000

$2,500

Class 2

Failure to maintain
building wall(s) or
appurtenances.

Yes

Yes

$500

Yes

$2,500

$1,250

Class 3

Failure to maintain
building wall(s) or
appurtenances.

Yes

Yes

$200

Yes

$500

$500

Class 2

Failure to submit a
required report of critical
examination
documenting condition
of exterior wall and
appurtenances.

Yes

No

$800

Yes

$4,000

$2,000

19

Current through Memo 797

28-302.5
B227

Class 2

Failure to file an
amended report
acceptable to this
Department indicating
correction of unsafe
conditions.

28-303.7
B265

Class 2

Failure to file a complete
boiler inspection report

Yes

No

$800

Yes

$4,000

$2,000

No

No

$500

No

$2,500

$1,250

Yes

Yes

$800

Yes

$4,000

$2,000

28-305.4.4
B287

Class 2

28-305-4-6
B1B1

Class 1

28-305.4.7.3
B288

Class 2

Failure to submit
required report of
condition assessment of
retaining wall
Failure to immediately
notify Department of
unsafe Condition
observed during
condition assessment of
retaining wall.
Failure to file an
amended condition
assessment acceptable
to Department indicating
correction of unsafe
conditions.

Class 2

Held self out as
licensed, certified,
registered etc., to
perform work requiring a
DOB license w/o
obtaining such license.

No

No

$500

Yes

$2,500

$1,250

Class 1

Failure to file evidence
of liability &/or property
damage insurance.

No

No

$2,400

No

$12,000

$6,000

Class 1

Failure to file evidence
of compliance with
Workers
Comp, law and/or
disability benefits law.

No

No

$1,250

No

$6,250

$3,125

Class 1

Supervision or use of
rigging equipment
without a Rigger's
license.

No

No

$4,800

No

$24,000

$12,000

28-401.16
B264

28-401.9
B147

28-401.9
B148

28-404.1
B141

No

No

$1,200

No

$6,000

$3,000

Yes

Yes

$800

Yes

$4,000

$2,000

20

Current through Memo 797

Class 2

Licensed Master/Special
Rigger failed to place
appropriate “Danger”
sign while using rigging
equipment.

Yes

No

$800

Yes

$4,000

$2,000

28-405.1
B143

Class 1

Supervision or use of
power-operated hoisting
machine without a
Hoisting Machine
Operator's license.

No

No

$1,600

No

$8,000

$4,000

28-406.1

Class 1

Unlicensed concrete
testing activity,
Immediately Hazardous

No

No

$1,000

Yes

$25,000

$2,500

Performing unlicensed
plumbing work without a
master plumber license.

No

No

$2,500

No

$25,000

$6,250

28-404.4.1
B259

B1C5

28-408.1
B190

Class 1

21

Current through Memo 797

Hoist/lower/hang/ attach
outdoor sign not
performed/ supervised
by lic. sign hngr.

No

No

Class 1

OAC engaged in
outdoor advertising
business w/o valid reg.

No

No

Class 1

OAC failed to submit
complete/accurate info.
as per 1 RCNY Chap.
49

No

No

Class 1

OAC failed to
post.renew/replenish
bond or other security

No

No

Class 1

OAC failed to post
required info at sign
location

No

No

Class 1

Illegally engaging in any
business or occupation
without a required
license or other
authorization

No

No

Class 1

Misc sign viol'n by
outdoor ad co of
Tit.27;Tit.28;ZR;or BC

No

28-415.1
Class 1
B1B8

$4,800
No

$24,000

$12,000

Yes

$25,000

$25,000

Yes

$25,000

$25,000

Yes

$25,000

$25,000

Yes

$25,000

$25,000

$2,500

No

$25,000

$6,250

No

$10,000

Yes

$25,000

$25,000

No

No

$1,600

Yes

$10,000

$4,000

Yes

No

$500

Yes

$10.000

$1,250

28-502.2
B1B2

28-502.2.1
B1B3

$10,000

$10,000

28-502.2.2
B1B4

$10,000

28-502.5
B1B5

Misc. Chapter
4 of title 28—
Unlicensed
Activity
B191

28-502.6
B162

BC 903.6

Class 2

Failure to paint
dedicated sprinkler
piping/valves in
accordance with section

$10,000

B2B7

BC 903.6
B2B8

Class 2

Failure to
provide/maintain
painting certification of
sprinkler and
combination
sprinkler/standpipe
systems in accordance
with section

22

Current through Memo 797

BC 905.11
B2B9

BC 905.11
B2C1

BC 1016.2
B221

Class 2

Failure to paint
dedicated standpipe/
valves in accordance
with section

No

No

$1,600

Yes

$10,000

$4,000

Class 2

Failure to
provide/maintain
painting certification of
standpipe and
combination
sprinkler/standpipe
systems in accordance
with section

Yes

No

$500

Yes

$10,000

$1,250

Class 2

Failure to maintain
building in codecompliant manner:
provide required corridor
width per BC 1016.2;27369

Yes

No

$500

Yes

$2,500

$1,250

Failure to perform
special inspections and
verifications for concrete
construction as required
by section and Table
1704.4

No

No

$1,600

No

$10,000

$4,000

No

No

$1,600

No

$10,000

$4,000

Class 1

Failure to perform
hydrostatic pressure test
of sprinkler system

No

No

$2,400

No

$12,000

$6,000

Class 1

Failure to perform
successful hydrostatic
pressure test of
standpipe system

No

No

$2,400

No

$12,000

$6,000

Class 2
BC 1704.4
B2B5

BC 1905.6.3.2
B2B6

BC 1704.21.1
B1C1

BC 1704.22.1
B1C2

Class 2

Failure to comply with
ASTM C31 standards for
concrete cylinder test
samples

23

Current through Memo 797

BC 3010.1 &
27-1006
B152

BC 3301.2 &
27-1009(a)
B109

BC 3301.2 &
27-1009(a)
B209

BC 3301.2 &
27-1009(a)
B115

BC 3301.2 &
27-1009(a)
B118

BC 3301.2 &
27-1009(a)
B120

BC 3301.8
B192

BC 3301.9 &
27-1009 (c)
B217

Class 1

Failure to promptly
report an elevator
accident involving
personal injury requiring
the services of a
physician or damage to
property.

No

No

$1,000

No

$5,000

$2,500

Class 1

Failure to safeguard all
persons and property
affected by construction
operations.

No

No

$2,400

No

$12,000

$6,000

Class 2

Failure to safeguard all
persons and property
affected by construction
operations.

No

No

$1,200

No

$6,000

$3,000

Class 1

Failure to
institute/maintain safety
equipment measures or
temporary construction –
No guard rails

No

No

$2,400

Yes

$12,000

$6,000

Class 1

Failure to
institute/maintain safety
equipment measures or
temporary construction –
No toe boards.

No

No

$1,000

No

$5,000

$2,500

Class 1

Failure to
institute/maintain safety
equipment measures or
temporary construction –
No handrails.

No

No

$1,000

No

$5,000

$2,500

Class 1

Failure to immediately
notify the Department of
an accident at
construction/demolition
site

No

No

$2,500

No

$12,500

$6,250

Class 2

Failure to provide/post
sign(s) at job site
pursuant to subsection.

Yes

No

$800

Yes

$4,000

$2,000

24

Current through Memo 797

BC 3303.3 &
27-1020
B218

BC 3303.4 &
27-1018
B181

BC 3303.4 &
27-1018
B212

BC 3303.4.5 &
27-1018
B194

BC 3303.4.6 &
27-1018
B183

Class 2

Failure to post D.O.T.
permit for
street/sidewalk closing.

Yes

No

$500

Yes

$2,500

$1,250

Class 1

Failure to maintain
adequate housekeeping
per section requirements

No

No

$2,400

No

$12,000

$6,000

Class 2

Failure to maintain
adequate housekeeping
per section
requirements.

Yes

No

$800

Yes

$4,000

$2,000

Class 1

Unsafe storage of
materials during
construction or
demolition

No

No

$2,400

No

$12,000

$6,000

Class 1

Unsafe storage of
Combustible material
and equipment

No

No

$2,400

No

$12,000

$6,000

25

Current through Memo 797

BC3303.7.3

Class 1
B1B9

Smoking at
construction/demolition
site

No

No

$2,400

No

$12,000

$6,000

Smoking at
construction/demolition
site

No

No

$1,200

No

$6,000

$3,000

Failure to Post No
Smoking signs at
construction/demolition
sites per Fire Code

Yes

No

$800

Yes

$4,000

$2,000

BC3303.7.3

B2A8

Class 2

BC 3303.7.3

B2A9
Class 2

BC 3303.8.1
B1C3

BC 3303.8.1
B1C4
BC 3304.3 & 1
RCNY 5201(a)
B111
BC 3304.3 & 1
RCNY 5201(b)
B215
BC 3304.4 &
27-1032
B110

BC 3306 &
27-1039
B117

Class 1

Failure to provide air
pressurized alarm
system for standpipe
system during
construction or
demolition operation

No

No

$2,400

No

$12,000

$3,000

Class 1

Failure properly conduct
planned removal from
service of standpipe
system and/or standpipe
pressurized alarm

No

No

$2,400

No

$12,000

$3,000

Class 1

Failure to notify the
Department prior to the
commencement of
earthwork.

No

No

$1,200

No

$6,000

$3,000

Class 2

Failure to notify the
Department prior to the
cancellation of
earthwork .

No

No

$1,200

Yes

$6,000

$3,000

Class 1

Failure to provide
protection at sides of
excavation.

No

No

$2,400

No

$12,000

$6,000

Class 1

Failure to carry out
demolition operations as
required by section.

No

No

$2,400

Yes

$12,000

$6,000

26

Current through Memo 797

Class 1

Failure to provide safety
zone for demolition
operations.

No

No

$1,000

No

$5,000

$2,500

BC 3306.3&
27-195
B116

Class 1

Failure to provide
required notification prior
to the commencement of
demolition.

No

No

$1,200

No

$6,000

$3,000

BC 3306.5
B175

Class 1

Mechanical demolition
without plans on site.

No

No

$1,000

No

$5,000

$2,500

Class 1

Failure to provide
sidewalk shed where
required.

No

No

$4,800

No

$24,000

$12,000

Class 2

Failure to provide
sidewalk shed where
required

No

No

$2,400

No

$10,000

$6,000

Class 2

Sidewalk shed does not
meet code
specifications.

No

No

$2,400

No

$10,000

$6,000

Class 2

Job site fence not
constructed pursuant to
subsection.

Yes

No

$800

Yes

$4,000

$2,000

Class 1

Failure to protect
adjoining structures
during excavation
operations.

No

No

$2,400

No

$12,000

$6,000

Class 1

Failure to have Site
Safety Manager or
Coordinator present as
required.

No

No

$2,400

Yes

$12,000

$6,000

Class 1

Site safety
manager/coordinator
failed to immediately
notify the department of
conditions as required

No

No

$2,500

No

$12,500

$6,250

Class 1

No Concrete Safety
manager present during
all concrete operations
as required.

No

No

$2,400

Yes

$12,000

$6,000

Class 1

Erected or installed
supported scaffold 40
feet or higher without a
permit.

No

No

$1,200

No

$6,000

$3,000

BC 3306.2.1
B176

BC 3307.3.1&
27-1021(a)
B131
BC 3307.3.1 &
27-1021(a)
B231
BC 3307.6 &
27-1021
B223

BC 3307.7 &
27-1021©
B211

BC 3309.4 &
27-1031
B123

BC 3310.5 &
27-1009(d)
B119

BC 3310.8.2
B193

BC 3310.9.1
B174

BC 3314.2 &
27-1042
B130

27

Current through Memo 797

BC 3314.1.1
& 27-1050.1
B261

BC 3314.4.3.1
& 27-1045
B149

BC 3314.4.3.1
& 27-1045(b)
B150

BC 3314.4.5
B129

BC 3314.4.6
B128

BC 3314.6.3 &
27-1009
B146

BC 3314.6.3 &
27-1009
B246

BC 3316.2 &
BC 3319.1&
27-1054
B142

BC 3319.3
B177

Class 2

Failed to notify
Department prior to
use/inst. off Chooks/outrigger beams
in connection with
Suspended Scaffold

No

No

$800

Yes

$4,000

$2,000

Class 1

Failure to perform
safe/proper inspection of
suspended scaffold.

No

No

$10,000

No

$25,000

$25,000

Class 1

No record of daily
inspection of Suspended
Scaffold performed by
authorized person at
site.

No

No

$2,400

No

$12,000

$6,000

Class 1

Erected, dismantled
repaired, maintained,
modified or removed
supported scaffold
without a scaffold
certificate of completion.

No

No

$2,400

No

$12,000

$6,000

Class 1

Use of supported
scaffold without a
scaffold user certificate.

No

No

$1,600

No

$8,000

$4,000

Class 1

Failure to provide/use
lifeline while working on
scaffold.

No

No

$1,600

No

$8,000

$4,000

Class 2

Failure to provide/use
lifeline while working on
scaffold.

No

No

$800

Yes

$4,000

$2,000

Class 1

Inadequate safety
measures: Oper’n of
crane/ derrick/hoisting
equip in unsafe manner
)

No

No

$4,800

No

$24,000

$12,000

Class 1

Operation of a
crane/derrick without a
Certificate of Operation.

No

No

$1,000

No

$5,000

$2,500

28

Current through Memo 797

Class 2

Operation of
crane/derrick without
Certificate of
Approval/Certificate of
Operation.

No

No

$2,400

No

$10,000

$6,000

Class 2

Operation of a
crane/derrick without a
Certificate of Onsite
Inspection.

No

No

$2,400

No

$10,000

$6,000

BC3319.8
B1A1

Class 1

Failure to provide
erection, jumping,
climbing, dismantling
plan for tower/climber
crane

No

No

$2,000

No

$10,000

$5,000

BC3319.8.2
B1A2

Class 1

Failure to conduct safety
coordination meeting

No

No

$2,000

No

$10,000

$5,000

BC3319.8.3
B1A3

Class 1

No

No

$2,000

No

$10,000

$5,000

BC3319.8.4
B1A4

Class 1

No

No

$1,200

No

$6,000

$3,000

BC3319.8.4.2
B1A5

Class 1

No

No

$1,200

No

$6,000

$3,000

BBC3319.8.6
B1A6

Class 1

No

No

$1,200

No

$6,000

$3,000

BC3319.8.7
B1A7

Class 1

No

No

$2,000

No

$10,000

$5,000

No

No

$4,000

No

$20,000

$10,000

BC 3319.3 &
27-1057(b)
B260

BC 3319.3 &
27-1057(d)
B253

BC3319.8.8
B1A8
PC-Misc,
FGC-Misc,
MC-Misc
B180
PC-Misc,
FGC-Misc,
MC-Misc
B280

Failure to conduct a prejump safety meeting
Failure to notify the
Department prior to prejump or safety
coordination meeting
Failure to provide time
schedule including
erection, jumping,
climbing or dismantling
of crane

Class 1

No meeting log available
Failure file a complete
and acceptable
tower/climber Installation
Report per BC 3319.8.7
Erection, jumping,
climbing, dismantling
operations of a tower or
climber crane not in
accordance with
3319.8.8

Class 1

Miscellaneous
violations.

No

No

$1,600

No

$8,000

$4,000

Class 2

Miscellaneous
violations.

Yes

Yes

$800

Yes

$4,000

$2,000

29

Current through Memo 797
PC-Misc,
FGC-Misc,
MC-Misc
B380

Class 3

RS 6-1
B135

Class 1

Miscellaneous
violations.
Failure to file affidavits
and/or comply with other
requirements set forth
for photoluminescent
exit path marking.

Yes

Yes

$300

Yes

$500

$500

No

No

$2,400

Yes

$12,000

$6,000

No

No

$10,000

Yes

$25,000

$25,000

No

No

$4,000

No

$10,000

$10,000

No

No

$4,000

No

$10,000

$10,000

ZR 42-543
B170

Class 1

ZR 11-62
B2B1

Class 2

Misc. Violation
of ZR
B2B2

Class 2

Outdoor Ad Co sign in M
Dist exceeds height
limit.
Violation of discretionary
Zoning conditions on
privately owned public
space
Misc. violation of
condition on as of right
privately owned public
space

ZR 22-00
B205

Class 2

Illegal use in residential
district.

Yes

No

$800

Yes

$4,000

$2,000

ZR 22-00
B385

Class 3

Illegal use in residential
district

Yes

Yes

$300

No

$500

$500

Class 1

Outdoor Ad Co has
impermissible
advertising sign in an R
Dist.

No

No

$10,000

Yes

$25,000

$25,000

Class 1

Outdoor Ad Co sign in R
Dist exceeds height
limits.

No

No

$10,000

Yes

$25,000

$25,000

Class 2

Violation of parking
regulations in a
residential district.

Yes

No

$800

Yes

$4,000

$2,000

ZR 25-41
B383

Class 3

Violation of parking
regulations in a
residential district.

Yes

No

$300

Yes

$500

$500

ZR 32-00
B247

Class 2

Illegal use in a
commercial district.

Yes

No

$800

Yes

$4,000

$2,000

No

No

$10,000

Yes

$25,000

$25,000

No

Yes

$1,200

Yes

$6,000

$3,000

ZR 22-32
B164

ZR 22-342
B168

ZR 25-41
B283

ZR 32-63
B165

Class 1

ZR 32-64
B276

Class 2

Outdoor Ad Co
advertising sign not
permitted in specified C
Dist.
Sign(s) in specified C
Dist exceed(s) surface
area restrictions.

Class 1

Outdoor Ad Co sign(s)
in specified C Dist
exceed surface area
limits.

No

No

$10,000

Yes

$25,000

$25,000

Class 2

Sign in specified C Dist
extends beyond street
line limitation.

No

Yes

$1,200

Yes

$6,000

$3,000

ZR 32-64
B166

ZR 32-652
B277

30

Current through Memo 797

Class 2

Prohibited sign on
awning, canopy, or
marquee in C Dist.

No

Yes

$1,200

Yes

$6,000

$3,000

ZR 32-655
B169

Class 1

Outdoor Ad Co sign
exceeds permitted
height for specified C
Dist.

No

No

$10,000

Yes

$25,000

$25,000

ZR 42-00
B248

Class 2

Illegal use in a
manufacturing district.

Yes

No

$800

Yes

$4,000

$2,000

ZR 42-52
B171

Class 1

Outdoor Ad Sign not
permitted in M Dist.

No

No

$10,000

Yes

$25,000

$25,000

Class 1

Outdoor Ad sign in M
Dist exceeds surface
area limits.

No

No

$10,000

Yes

$25,000

$25,000

Class 2

Miscellaneous violations
of the Zoning
Resolution.

Yes

No

$800

Yes

$4,000

$2,000

Class 3

Miscellaneous violations
of the Zoning
Resolution.

Yes

No

$300

Yes

$500

$500

ZR-Misc.
B178

Class 1

Misc sign violation under
the Zoning Resolution
by an Outdoor Ad Co

No

Yes

$10,000

Yes

$25,000

$25,000

ZR-Misc.
B281

Class 2

Misc sign violation under
the Zoning Resolution

No

Yes

$800

Yes

$4,000

$2,000

Misc outdoor sign
violation of ZR and/or
Building Code

No

No

$10,000

No

$25,000

$25,000

Misc outdoor sign
violation of ZR and/or
Building Code

No

No

$2,400

No

$10,000

$10,000

ZR 32-653
B275

ZR 42-53
B167

ZR-Misc
B284

ZR-Misc
B384

Misc. Title
28/Misc ZR
B1B6
Class 1

Misc. Title
28/Misc ZR
B2A2

Class 2

31



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Comments                        : 
Company                         : NYC DEP
Create Date                     : 2011:01:24 15:39:18-05:00
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Title                           : Buildings Penalty Schedule II:  Effective For Notices of Violation With a Date of Occurrence On or After July 1, 2008:
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