This article should help a small NYC commercial property owner, landlord, tenant, or business operator understand a confusing FDNY notice that says they “failed to prepare, produce, or submit required documentation” relating to a Certificate of Occupancy.
Key text from the photographed notice
Below is the text that can be read from the photographed page. It appears to be an FDNY Supplemental Information Form, not the complete summons. Some wording at the top is cropped or too blurred to transcribe with complete certainty.
You have the right to be informed of the maximum penalty. Higher penalties may be imposed for repeat violations, up to the maximum penalty allowed by law or regulation.
Unless the summons is dismissed after an OATH hearing, each summons contains two FDNY Commissioners Orders, and both must be completed:
(1) An order to correct the violating condition(s) at the premises or construction site; and
(2) An order to file an acceptable Certificate of Correction. Also, even if compliance is shown at a hearing, you are required to send a Certificate of Correction and all proof of correction to the Fire Department.
To obtain a Certificate of Correction form, please visit the official FDNY Certificate of Correction page.
FDNY form
CITY OF NEW YORK FIRE DEPARTMENT
SUMMONS NUMBER
FDNY SUPPLEMENTAL INFORMATION FORM
| Field | Readable text |
|---|---|
| Violation category | VC19 ADM-02-01 |
| Violation details | FAILED TO (PREPARE/PRODUCE/SUBMIT) REQUIRED DOCUMENTATION CERTIFICATE OF OCCUPANCY |
| Remedy | SUBMIT TO THIS DEPARTMENT A CERTIFICATE OF OCCUPANCY OR OTHER AUTHORIZATION OR APPROVAL ISSUED BY THE DEPARTMENT OF BUILDINGS OR OTHER AGENCY HAVING JURISDICTION THAT THE BUILDING, STRUCTURE OR PREMISES HAS BEEN APPROVED TO OPERATE AS LISTED IN THE COMMENTS, IN ACCORDANCE WITH FC 1503.9, AC 28-103.1 AND 28-118.19 |
| Comments | FAILED TO PROVIDE CERTIFICATE OF OCCUPANCY FOR TIRE SHOP |
What this photographed page does not show
This photograph shows only one page of an FDNY summons package. It does not show the complete case history or the final outcome.
From this page alone, it is not possible to determine:
- Whether the summons was later dismissed.
- Whether the owner or respondent submitted a Certificate of Correction.
- Whether FDNY accepted the submitted documentation.
- Whether an OATH hearing took place or what the hearing outcome was.
- Whether the tire shop is still operating at the location.
- Whether the issue involved a missing Certificate of Occupancy, a use or occupancy mismatch, or a failure to provide the requested document during the inspection.
The full summons, the property records, and any later FDNY, DOB, or OATH documents would be needed to understand the case fully.
Inspector’s statement
I, an employee of the agency named above, affirm under penalty of perjury that I personally observed the commission of the violation(s) charged above and/or verified their existence through a review of departmental records. False statements made herein are punishable as a Class A Misdemeanor pursuant to section 210.45 of the Penal Law.
Inspector’s signature and details
Signature: [handwritten signature]
What does “failed to prepare, produce, or submit” mean?
In plain English, this wording means that FDNY alleged that the required document was not prepared, shown to the inspector, or submitted to the Fire Department when requested.
The wording does not, by itself, explain why the document was unavailable. For example, the property may have had a Certificate of Occupancy, but the document may not have been available during the inspection. In other cases, the document may have been outdated, incomplete, inconsistent with the business use, or missing.
Only the complete summons, property records, and any later agency documents can show the full issue in a particular case.
The summons does not necessarily prove that the building has no Certificate of Occupancy at all. It says that the required documentation was not provided to FDNY.
In a free 15-minute phone or online consultation, we can walk you through this problem.
This brief consultation is educational and intended for NYC homeowners and small commercial property owners. It can help you better understand this type of problem and the information you may need to review. To request a free consultation, contact us at iqarius@iqarius.com or call (718) 326-8653.