VOLUME 5, ISSUE 13 | DOB CIVIL PENALTY INCREASE FOR FAILURE TO CERTIFY CORRECTION OF CLASS 1 HAZARDOUS VIOLATIONS & RESTAURANT RE-OPENING REQUIREMENTS

DOB Civil Penalty Increase for Failure to Certify Correction of Class 1 Hazardous  Violations

Recent legislation, passed on August 27, 2020, has changed the civil penalties for failure to certify correction of  Class 1 Immediately hazardous OATH Violations issued by the Department of Buildings.

The civil penalty for failing to submit a Certificate of Correction of a Class 1 immediately hazardous violation on a one-family or two family home is $1,500.

The civil penalty for failing to submit a Certificate of Correction of a Class 1 immediately hazardous violation on all other buildings will now range from $3,000 to $5,000.

It is not known at this time what will dictate the imposition of specific fine amounts within this range, but this change in civil penalty amounts will go into effect on October 3, 2020. Please note that New York City Administrative Code 28-219.2 already mandates that a Certificate of Correction be filed and accepted by Department of Buildings within 60 days of the date of the violation.

Please feel free to contact Kevin Danielson, Esq. if you would like to engage RPO for consultation pertaining to this new legislation or for any of your violation needs.

Restaurant Re-Opening Requirements

Restaurants will be allowed to reopen for indoor dining beginning on September 30th.

They will be subject to rigorous inspection protocols and strict occupancy limits. Some requirements for restaurants will include:

  • Serve customers at a maximum of 25% capacity.

  • Conduct temperature checks at every front door for each patron and employee; persons with a temperature greater than 100 degrees Fahrenheit will not be admitted

  • Collect Test & Trace data from at least one customer at each table – restaurant is required to keep information on file for 28 days.

  • Close bar tops for seating and service. They may only be used by employees.

  • Offer COVID-19 protections like PPE for employees.

  • Space tables six feet apart or provide solid barriers of at least five feet in height.

If New York City hits 2% in COVID-19 positivity rates, the City will immediately reassess indoor service.

Call RPO if you would like to engage us to consult about restaurant or any other COVID-19 business commencement requirements.