N.Y.C. Admin. Code § FC 109: Section FC 109: Violations

109.1 Violations.

The provisions of this code and the rules shall be enforced in accordance with this chapter, Title 15 of the New York City Administrative Code and the rules.

109.2 Penalties.

Penalties for violations of this code and the rules shall be in accordance with this chapter, Title 15 of the New York City Administrative Code and the rules.

109.2.1 Transportation of extremely hazardous materials.

Except for transportation subject to FC 5007 and in addition to any other penalties provided by law, rule or regulation, a person who transports explosives, fireworks, chlorine, or any hazardous material in violation of this code or the rules shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not less than one thousand dollars and not more than ten thousand dollars, or imprisonment for not more than 6 months or both, for each offense.

109.2.2 Failure to provide fire protection systems.

In addition to any other penalties provided by law, rule or regulation, any person who shall violate, or refuse, or neglect to comply with any provision of law requiring a sprinkler system, fire alarm system or emergency lighting in a Group A occupancy shall upon conviction thereof be punished by a fine of not less than five hundred dollars nor more than ten thousand dollars for the first violation, not less than one thousand dollars nor more than ten thousand dollars for the second violation, not less than fifteen hundred dollars nor more than ten thousand dollars for the third violation, and not less than two thousand dollars nor more than ten thousand dollars for the fourth violation, and every subsequent violation, or, for any such violation by imprisonment for not more than 6 months, or by both such fine and imprisonment.

109.2.3 Criminal liability.

In the event that any person is burned by the explosion of any material the sale of which is prohibited by this code, or which has not been approved as herein provided, and death ensues therefrom, in addition to any other penalties provided by law, rule or regulation, the person found guilty of selling the material shall be deemed guilty of a felony, and, upon conviction, shall be punished by a fine of not less than one thousand dollars, nor more than five thousand dollars, or by imprisonment for a term not less than 1 year nor more than 5 years; and in case of a bodily injury the person injured may maintain an action for damages against the person violating the provisions of this code.

109.2.4 Civil penalty for use of fireworks without a permit.

Notwithstanding any other provision of law, and in addition to any criminal penalties that may apply, any person who violates FC 105.6 by discharging or otherwise using fireworks without a permit shall be liable for a civil penalty of seven hundred fifty dollars, which may be recoverable in a proceeding before the New York City Environmental Control Board. For the purposes of subdivision e of Section 15-230 of the Administrative Code, such violation shall be deemed to be hazardous.