19 CRR-NY 500.5NY-CRR

OFFICIAL COMPILATION OF CODES, RULES AND REGULATIONS OF THE STATE OF NEW YORK
TITLE 19. DEPARTMENT OF STATE
CHAPTER XII. OFFICE OF FIRE PREVENTION AND CONTROL
PART 500. CAMPUS FIRE SAFETY
19 CRR-NY 500.5
19 CRR-NY 500.5
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 SEVERITYFIRE PROBABILITY
ABCD
1IIIIIII
2IIIIIIIV
3IIIIIIVV
4IIIIVVV
(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 CodeViolation ClassDefinitionDaily FineMaximum Abatement Period
ISevereA severe violation that would result in high loss of life or catastrophic loss of the facility or contents$5001 day
IISeriousA serious violation that has a high probability of loss of life or major impact on the facility or contents$4003 days
IIISignificantA violation that may constitute a significant risk to life or property$2007 days
IVModerateA violation that may contribute to minor property damage or slight risk to people$10015 days
VMinimalA violation that has little impact on property or people$5030 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.
19 CRR-NY 500.5
Current through February 28, 2019
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