We know violations from the Fire Department can seem daunting. Hearings? Penalties? It’s understandable you’re concerned. Whether you received a notice to perform a 5 year hydrostatic test, notice of violation, or violation order, Capitol Fire Sprinkler will provide you with the proper paperwork, testing and repairs to guide you through the process of clearing your violations.
WHAT IS A VIOLATION?
The FDNY is responsible for making sure building owners and managers are following New York City Fire Code by performing fire safety inspections. If there is a violation discovered during the inspection, the Fire Department inspector will issue a Notice of Violation (NOV) or Violation Order.
A violation includes important information regarding your compliance date, hearing date and location, what section of the law was violated, and how to correct it.
WHAT ARE SOME COMMON VIOLATIONS?
- Paint all control valve handles and exposed piping for sprinkler system risers and cross connections to be in compliance with Local Law 58/09.
- Hydrostatic Test, Residential Flow Test, & Dry Pipe Valve Trip Test: These tests are to be performed every 5 years in the presence of the Fire Department Inspector.*
- Provide and maintain on the premises a record of the inspection, testing, and maintenance for the sprinkler/standpipe system.
- Obtain or produce required Certificate of Fitness for the sprinkler/standpipe system.
- Post a copy of the Residential Fire Safety Plan and Fire Safety Notice in a conspicuous location
*If you receive a letter from the Fire Department stating that your fire suppression test is due, it is a notice to perform either a Hydrostatic Test of your Sprinkler or Standpipe system, Dry Pipe Valve Trip Test, or a Residential Sprinkler Flow Test.
HOW DO I RESOLVE A VIOLATION?
Violations typically have a compliance date of approximately 30 days after the violation is issued, during which time you can schedule the necessary repairs and testing to avoid the court date and penalties.
In order to resolve a violation, the condition cited on the violation must be corrected and proof of correction must be submitted to the Administrative Enforcement Unit. To avoid a hearing and a penalty, the conditions cited on the violations must be completed by your cure date stated on the violation.
Once you have corrected ALL conditions listed on the violation, you must:
- Fill out and notarize the Certificate of Correction (yellow copy of original violation. If you do not have it, you can obtain a copy here).
- Obtain proof of correction (i.e. receipts, photographs, certification letter from company completing the work)
- Submit all the above paperwork to Bureau of Legal Affairs, Administrative Enforcement Unit, 9 MetroTech Center, 1st Floor, Brooklyn, NY 11201 before or by your compliance date.
If the Administrative Enforcement Unit approves the certificate of correction, you do not have to attend the hearing and the penalty will be waived. However, if the paperwork is not submitted by your cure date, you will be required to attend the hearing and pay applicable penalties.
If you are past both your cure and court date, you will be found in violation. You can reopen your defaulted case by requesting a new hearing.
HOW CAN I AVOID VIOLATIONS?
You can avoid violations by performing regular or scheduled maintenance on your sprinkler system. By having Capitol perform your required inspections and testing, we’ll make sure your building is up to code.
However, the violations for the residential flow, trip test, and hydrostatic test are unavoidable. These tests must be performed every 5 years and we can not schedule a test with the Fire Department unless you have received a notice from the Fire Department or a violation.
Violations don’t have to be stressful. As soon as you’re aware of your violation, fax or email a copy of the violation to our office. The sooner we receive your violation, the more time we have to cure it – so you can avoid attending court and receiving a penalty.