The New York City Fire Department (FDNY) ensures that landlords and business owners maintain their fire alarm systems and have fire prevention and escape plans in apartment buildings, offices, and retail and commercial spaces in New York City. It is also responsible for manufacturing, storing, handling, using, and transporting hazardous materials and combustible materials; and conducting various businesses and activities that pose fire hazards. Upon finding NYC Fire Code Violations, the inspector issues violation orders, violations, and vacate orders.

The fire code violation orders are warnings and don’t result in penalties, but a follow-up inspection is scheduled. If the non-complying condition is not corrected before the next inspection, a Criminal Summons may be issued based NYC Fire Code. These cases can result in substantial fines or criminal convictions.

What happens when a corporation gets the summons?

A corporation or LLC cannot be represented by a corporate officer but has to be represented by a lawyer. Often, the summons is issued in the name of a manager or superintendent to ensure that an actual person appears in Court. When we appear in Court on your behalf, the Court will amend the summons to make the landlord’s corporation or LLC the adequately named defendant. A summons can require pre-trial hearings and written memorandums of law. However, even on the day of the hearing, the City will frequently negotiate a plea if you can certify that the non-complying conditions have been corrected according to FDNY regulations.

If you need time to prove compliance, you can request an adjournment of the trial. If you adjourn it for this reason and don’t correct the condition, the City will generally demand a much higher fine. You can reduce the penalty if you can show mitigation (extenuating circumstances as to why this violation existed or was not timely corrected). By merely appearing and providing some reasonable excuse or defense, you are likely to reduce the fine, especially if you prove that you have corrected the fire code violations. We also strive to help you get a reduction of the charge from a misdemeanor to a violation, a non-criminal disposition.

Preparing for your Defense is Essential

You must go to trial if you fight the violation or do not consent to a plea offer. You should present dated pictures, work orders, or other documentation disputing the alleged violation at trial. This may include receipts, logs, reports, deeds, registrations, or other evidence. Also, you can present witnesses to testify at the hearing. If you don’t win at trial, we can handle requests for reconsideration and appeals.

The Wright Law Firm can vigorously represent your interests when faced with NYC Fire Code Violations before the Environmental Control Board or in the Criminal Courts.

Call 212 619-1500 for a consultation.