N.Y. Comp. Codes R. & Regs. tit. 19 § 500.5

Current through Register Vol. 46, No. 45, November 2, 2024

Section 500.5 - Penalties

(a)Monetary penalties.

OFPC may assess monetary penalties of up to $500 per calendar day commencing on the first day following the abatement date specified in an order, and continuing until the violation has been abated. Abatement of violations shall be verified by OFPC. Calculation of monetary penalties shall be governed by the following standards which will be used to determine the gravity of the violation:

(1) Fire probability and loss severity.

(i) Fire probability is OFPC's assessment of the likelihood that a fire will occur. At a minimum, the following factors shall be considered: contents, processes, arrangement of contents, occupancies, operations conducted in the area, construction class and hours of operation. Based upon these factors, OFPC will assign one of the following fire probability values from the table appearing in paragraph (2) of this subdivision:

(a) Likely to occur immediately or within a short period of time (fire probability A).

(b) Probably will occur in time (fire probability B).

(c) Possible to occur in time (fire probability C).

(d) Unlikely to occur (fire probability D).

(ii) Loss severity is OFPC's assessment of the expected loss should a fire occur. At a minimum, the following factors shall be considered: contents, processes, occupancies, construction, installed fire protection features and impact of the deficiency during a fire. Based upon these factors, OFPC will assign one of the following loss severity values from the table appearing in paragraph (2) of this subdivision:

(a) Loss of life, major monetary loss (>$5,000,000) (loss severity 1).

(b) Permanent disability, possible death, severe monetary loss ($1,000,000 - $5,000,000) (loss severity 2).

(c) Possible injury, moderate monetary loss ($100,000 - $999,999) (loss severity 3).

(d) Injury unlikely, slight monetary loss (<$100,000) (loss severity 4).

(2) A determination of the fire safety deficiency code (FSD) will be made from the table below based on the fire probability value and the loss severity value.

LOSS SEVERITY	FIRE PROBABILITY
A	B	C	D
1	I	I	II	III
2	I	II	III	IV
3	II	III	IV	V
4	III	IV	V	V

(3) Fine amounts and abatement periods. Once the FSD codes for each violation are determined, a hazard class, predetermined daily fines and maximum abatement period shall be established according to the following table:

FSD Code	Violation Class	Definition	Daily Fine	Maximum Abatement Period
I	Severe	A severe violation that would result in high loss of life or catastrophic loss of the facility or contents	$500	1 day
II	Serious	A serious violation that has a high probability of loss of life or major impact on the facility or contents	$400	3 days
III	Significant	A violation that may constitute a significant risk to life or property	$200	7 days
IV	Moderate	A violation that may contribute to minor property damage or slight risk to people	$100	15 days
V	Minimal	A violation that has little impact on property or people	$50	30 days

(4) Fines will be paid within 30 days of assessment.

(5) The State Fire Administrator shall have the discretion to compromise or settle fines where there is written demonstration that the public interest in fire safety would so warrant.

(i) No compromise or settlement shall occur while the violation for which the fine was imposed continues unabated. A college of university may request a compromise no later than 60 days after OFPC's verification of violation abatement.

(ii) Any compromise monies granted by the State Fire Administrator shall be used by the college or university to increase or improve fire and life safety activities or equipment on the campus.

N.Y. Comp. Codes R. & Regs. Tit. 19 § 500.5