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ABOUT ADMINISTRATIVE PENALTY SCHEDULE

The Administrative Penalty Schedule under the New York City Department of Buildings (DOB) Construction Codes is a comprehensive document that outlines the fines and penalties imposed for violations of construction-related regulations within the city. This penalty schedule serves as a crucial tool in enforcing compliance with building codes, zoning laws, and other regulations aimed at ensuring public safety and building integrity.

The Administrative Penalty Schedule under the NYC DOB Construction Codes plays a crucial role in promoting regulatory compliance, ensuring public safety, and maintaining the integrity of New York City’s built environment. Compliance with DOB regulations and timely correction of violations are essential for property owners, contractors, and building professionals to avoid penalties, protect public safety, and contribute to the overall well-being of the city’s residents and visitors.

Seeking Professional Guidance​

Given the intricacies of New York City’s Department of Buildings regulations, homeowners and business owners are encouraged to seek professional guidance from consultants, architects, engineers, and legal experts familiar with local construction codes. These professionals can help navigate the regulatory landscape, ensure compliance, and streamline the permitting process.

PENALTY SCHEDULE TABLE (Use Ctrl-F to find a specific term)

Administrative Penalty Schedule Table (Title 28 Part 5 of 6)

Section of Law Classification Violation Description Cure Stipulation Standard Penalty Mitigated Penalty Default Penalty Aggravated I Penalty Aggravated I Default Penalty Aggravated II Penalty Aggravated II Default Penalty - Max Penalty
28-302.1
Class 3
Failure to maintain building wall(s) or appurtenances.
Yes
Yes
$500
Yes
$500
$500
$500
$500
$500
28-302.3
Class 1
Failure of registered design professional to immediately notify the department of unsafe façade condition(s).
No
No
$2,500
No
$12,500
$6,250
$25,000
$12,500
$25,000
28-302.4
Class 2
Failure to submit a required report of critical examination documenting condition of exterior wall and appurtenances.
Yes
No
$1,250
Yes
$6,250
$3,125
$10,000
$6,250
10,000
28-302.5
Class 1
Failure to take required measures to secure public safety – unsafe façade.
No
No
$10,000
No
$25,000
$25,000
$25,000
$25,000
$25,000
28-302.5
Class 2
Failure to file an amended report acceptable to this Department indicating correction of unsafe conditions.
Yes
No
$1,250
Yes
$6,250
$3,125
$10,000
$6,250
$10,000
28-303.7
Class 2
Failure to file a complete boiler inspection report.
Yes
No
$625
Yes
$3,125
$1,563
$6,250
$3,125
$10,000
28-304.1
Class 1
Failure to maintain elevator or conveying system.
No
No
$1,250
No
$6,250
$3,125
$12,500
$6,250
$25,000
28-304.1
Class 2
Failure to maintain elevator or conveying system.
Yes
Yes
$625
Yes
$3,125
$1,563
$6,250
$3,125
$10,000
28-304.1
Class 3
Failure to maintain elevator or conveying system.
Yes
Yes
$500
Yes
$500
$500
$500
$500
$500
28-304.6
Class 1
Failure to inspect or test elevator or conveying system.
No
No
$1,250
No
$6,250
$3,125
$12,500
$6,250
$25,000
28-304.6
Class 2
Failure to inspect or test elevator or conveying system.
Yes
Yes
$625
Yes
$3,125
$1,563
$6,250
$3,125
$10,000
28-304.10
Class 2
Failure to provide notice of elevator to be out of service for alteration work.
No
No
$2,500
Yes
$10,000
$6,250
$10,000
$10,000
$10,000
28-305.4. 4
Class 2
Failure to submit required report of condition assessment of retaining wall.
Yes
Yes
$1,250
Yes
$6,250
$3,125
$10,000
$6,250
$10,000
28-305.4.6
Class 1
Failure to immediately notify Department of unsafe condition observed during condition assessment of retaining wall.
No
No
$2,500
No
$12,500
$6,250
$25,000
$12,500
$25,000
28-305.4.7.3
Class 2
Failure to file an amended condition assessment acceptable to Department indicating correction of unsafe conditions.
Yes
Yes
$1,250
Yes
$6,250
$3,125
$10,000
$6,250
$10,000
28-317.3
Class 2
Failure to register cooling tower prior to operation.
No
No
$2,500
Yes
$10,000
$5,000
$10,000
$10,000
$10,000
28-317.3.1
Class 2
Failure to notify of discontinued use or removal of cooling tower.
Yes
Yes
$1,250
Yes
$6,250
$3,125
$10,000
$6,250
$10,000
28-317.5
Class 2
Failure to file an annual certification of cooling tower inspection/ testing/ cleaning/ disinfecting/ maintenance plan per Adm. Code §17-194.1.
No
No
$2,500
Yes
$10,000
$6,250
$10,000
$10,000
$10,000
28-401.20 & 1 RCNY 330102(g)
Class 1
Licensee/registrant failed to fully and completely cooperate as per section.
No
No
$5,000
No
$25,000
$12,500
$25,000
$25,000
$25,000
28-401.9
Class 1
Failure to file evidence of liability &/or property damage insurance.
No
No
$5,000
No
$25,000
$12,500
$25,000
$25,000
$25,000
28-401.9
Class 1
Failure to file evidence of compliance with Workers Comp, law and/or disability benefits law.
No
No
$5,000
No
$25,000
$12,500
$25,000
$25,000
$25,000
28-401.16
Class 1
License holder authorized, consented to, or permitted the use of his or her license by or on behalf of another person.
No
No
$5,000
No
$25,000
$12,500
$25,000
$25,000
$25,000
28-401.19
Class 1
Improper conduct of a licensee or Certificate of Competence Holder.
No
No
$5,000
No
$25,000
$12,500
$25,000
$25,000
$25,000
28-401.19
Class 2
Improper conduct of a licensee or Certificate of Competence Holder.
No
No
$2,500
No
$6,250
$10,000
$10,000
$10,000
$10,000
28-404.1
Class 1
Supervision or use of rigging equipment without a Rigger's license.
No
No
$5,000
No
$25,000
$12,500
$25,000
$25,000
$25,000
28-404.4.1
Class 2
Licensed Master/Special Rigger failed to place appropriate “Danger” sign while using rigging equipment.
Yes
No
$1,250
Yes
$6,250
$3,125
$10,000
$6,250
$10,000
28-405.1
Class 1
Supervision or use of power operated hoisting machine without a Hoisting Machine Operator's license.
No
No
$5,000
No
$25,000
$12,500
$25,000
$25,000
$25,000
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