AUC 5 Ch. 3 Adds. 1 - 7 Flashcards
The agency responsible for enforcing FDNY Summons
Office of Administrative Trials and Hearings (OATH)
Note: Formally Environmental Control Board (ECB)
Name 3 occasions when an FDNY Summons should not be issued
- Forthwith V.O 2. Immediate Criminal Summons 3. Government Agencies
How many VC’s can be cited in a FDNY Summons
Not more than 7
Note: If more than 7, issue another FDNY Summons
In an MD, name an occasion when it will be permissible to issue an FDNY Summons to a tenant
Tenant has complete control over something in their occupancy
Note: Write the summons out to the place of business/entity. NOT the name of the business owner
FDNY Summons issued to a premises owned by a city agency shall be forwarded to who
Bureau of Legal Affairs Enforcement Unit
Note: Forward all parts except pink copy (Unit copy)
When issuing an FDNY Summons and you are unable to determine the owners name, what shall be written down as a last resort
Write “Owner Of”
When issuing an FDNY Summons to a Corporate Respondent, name 3 questions to ask the respondent
- Are you an officer of the corporation? 2. Are you the managing agent for the corporation? 3. Are you an agent authorized by the corporation to accept service?
What type of tape should be used when affixing an FDNY Summons to a premises
Masking tape
Name 2 recommended locations to affix an FDNY Summons in a commercial premises
- Door to the office of the buildings manager 2. Any wall in the buildings main lobby if one exists preferably near the buildings security desk
Name 3 recommended locations to affix an FDNY Summons in a MD
- Door to the superintendent’s resident or office 2. Wall near the buildings mailboxes or noticeboard. Any walls in the buildings main lobby preferably near the building main entrance
Name 3 recommended locations to affix an FDNY Summons in a PD when the owner is not home
- Outside of the home either between the main entrance door and a storm door 2. The outside of the main door 3. Within the vicinity of the mailbox
Note: Never place the summons inside a mailbox
Compliance dates for VO’s should fall on what days
Scheduled BI period
True or False. Forthwith VO’s and VO’s with 1 other compliance date may be written on the same VO
True
However, it is recommended to use separate orders when compliance times are not consistent with one another
What will be written down on a VO if the violation is corrected at the time of inspection
“Personally abated-order dismissed”
Name an occasion when an officer may allow more time to correct a VO
75% of the required work is completed.
Note: Progress notation shall be made on the back of the reinspection copy
What will be done if the officer determines the VO must be enforced
Issue a summons
What shall be done on a VO if a pre-printed order is not provided to correct a violation
Officer creates an order. Ex: SP-1, SP-2, etc
When a VO is not complied with and a summons is served, what shall be cited on the summons
The section of the law on the A-200 and A-201
Note: This will serve as an accusatory document in order to execute the summons
On a VO, what should the officer provide after citing violations
The remedy
Name three persons that a VO can be served to
- Owner 2. Occupant 3. A responsible person in charge
A Criminal Court Summons should be served to who (2 answers)
- Owner 2. Approved Person in Charge (APIC)
What is the best way to serve a C Summons to a partnership or corporation
Send to Enforcement Unit, Bureau of Legal Affairs
Note: Can also be served to an individual authorized to accept service on behalf of the partnership / corporation
How will issuance of a C Summons be accomplished when a defendant refuses to take it
Drop the summons in their direct vicinity
Name 3 occasions when a C Summons can be served to a City Agency
- A principal/custodian of a public school for a locked exit 2. NYCHA manager for a shutdown of a standpipe / sprinkler without notifying FD 3. When directed by Fire Prevention
The A-8 FD Referral Report shall be used whenever what type of conditions are found
Non-serious
Note: It will then require a follow up evaluation by Field Public Operations Support Unit or Public Transportation Safety Unit
The A-8 is sub-divided into 2 categories. Name them
- Fire Prevention referrals 2. PTSU referrals
True or False. Inspection/ Enforcement procedures in commercial spaces on Transit property should proceed in the same manner as if the space was not on Transit property
True
When an A-8 is forwarded for a condition found in a city agency, where will the “X” be placed
In the City Agency box in the upper right hand corner of the A-8
A DOB Referral Report shall be used for the referral of conditions that require a follow up evaluation by which city agency
DOB
Note: Do not use in situations requiring immediate action
Name the 2 categories of the DOB Referral Report
Normal Priority and High Priority
Note: Referrals shall be e-mailed through chain of command to BISP Unit
For several high priority referral conditions at the same address, how many DOB Referral Reports marked for High Priority are prepared
1 for each referral
Conditions in a building such as imminently perilous to structural deficiencies, inadequate means of egress, etc shall be addressed using what procedure
Vacate orders
Name the 3 steps the officer takes when receiving a complaint for a premises outside of their administrative district
- Accept the particulars 2. Record particulars in the Co. journal 3. Convey all necessary info. to proper unit via phone
Complaints received for what type of occupancy requires an immediate call to the admin. Batt.
Public Assembly. Ex: Theatres, sports arenas, convention halls, dance halls, cabaret
An A-17 Interim Report shall be sent to who and using what method
To: BISP Unit
Sent: Fax an unendorsed copy
As per this addendum what A-17 Reports are emailed through the chain of command
Final Reports only
When a complaint is received, at least 1 attempt per day shall be made to complete the investigation within ____ hours
72 hours
Note: If completed, a Final Report is sent
If an investigation of a complaint cannot be completed after 72 hours, what will be done next
Telephone BISP unit
Note: Officer will be guided by them
