NYC Fire Code Compliance for Restaurants: Common Violations and Penalties

Operating a restaurant in New York City means operating under one of the most comprehensive fire codes in the country. The NYC Fire Code, enforced by the FDNY, sets specific requirements for commercial kitchens that go beyond what many other jurisdictions require. Understanding these requirements — and the penalties for falling short — is essential for every restaurant owner and operator.

This guide covers the key fire code areas that affect NYC restaurants, the most common violations, and what penalties look like in practice.

The NYC Fire Code: What Governs Your Restaurant

The NYC Fire Code (Title 29 of the Rules of the City of New York) is the primary fire safety regulation for commercial properties in the city. For restaurants, it incorporates several national standards:

• NFPA 96: Ventilation Control and Fire Protection of Commercial Cooking Operations — governs your hood, ductwork, fan, and cleaning requirements
• NFPA 17A: Wet Chemical Extinguishing Systems — governs your automatic kitchen fire suppression system
• NFPA 10: Standard for Portable Fire Extinguishers — governs fire extinguisher requirements
• NYC Building Code: Structural fire safety, including fire-rated construction, sprinkler systems, and means of egress

The FDNY enforces operational compliance. The Department of Buildings (DOB) handles construction and installation permits.

Key Fire Code Areas for Restaurants

1. Kitchen Exhaust System (NFPA 96)

This is the area of fire code that most directly affects daily restaurant operations:

• Hood and duct cleaning: The entire exhaust system must be professionally cleaned at NFPA 96 intervals — monthly, quarterly, semi-annually, or annually based on cooking type
• Documentation: Cleaning certificates, before-and-after photos, and compliance stickers must be maintained and available for inspection
• Access panels: Ductwork must have access panels at every change of direction and at sufficient intervals for complete cleaning and inspection
• Material standards: Ductwork must be welded steel meeting NFPA 96 specifications
• Clearances: Minimum distances from combustible materials must be maintained around ductwork

For a complete breakdown of NFPA 96, see our NFPA 96 requirements guide.

2. Fire Suppression Systems

Every commercial kitchen with Type I hoods (grease-producing cooking) must have an automatic fire suppression system:

• Semi-annual inspection: A qualified technician must inspect and test the system every six months
• System coverage: Nozzles must protect all cooking appliances under the hood
• Automatic shutoffs: The system must automatically shut off gas and electrical supply to cooking equipment when activated
• Manual activation: A clearly marked manual pull station must be accessible
• Recharge after discharge: If the system ever activates, it must be professionally serviced before the kitchen resumes operation

3. Fire Extinguishers

NYC restaurants must have properly rated and maintained fire extinguishers:

• Class K extinguisher: Required in every commercial kitchen. Class K is specifically rated for cooking fires involving grease and oil
• Class ABC extinguisher: Required in dining areas and other non-kitchen spaces
• Placement: Extinguishers must be mounted in accessible locations, with travel distance not exceeding code maximums
• Annual inspection: Every extinguisher must be professionally inspected annually, with an inspection tag showing the date
• Six-year maintenance and 12-year hydrostatic test: For rechargeable extinguishers

4. Means of Egress

Egress — the path people take to exit the building in an emergency — is a critical fire code area:

• Clear pathways: All exit routes must be unobstructed at all times. No storage in hallways, stairwells, or in front of exit doors
• Exit signs: Illuminated exit signs must be functional at all exit doors and along egress paths
• Emergency lighting: Battery-backed emergency lights must illuminate egress paths during power failures
• Door hardware: Exit doors must open in the direction of egress travel and must not be locked in a way that prevents exit from the inside
• Capacity: Occupancy limits must be posted and not exceeded

5. Open Flame and Candle Regulations

NYC has specific regulations regarding open flames in restaurants:

• Candles: Must be in non-combustible holders, and the flame must be enclosed (no open candles)
• Cooking demonstrations: Live cooking in dining areas has specific requirements for fire suppression and ventilation
• Decorative flames: Gas fireplaces and decorative fire features require FDNY approval
• Outdoor dining: Propane heaters and open flames on sidewalk dining areas have specific placement and safety requirements

6. Gas Safety

Restaurants using natural gas or propane must comply with:

• Gas shutoff valves: Must be accessible and clearly marked
• Leak detection: Staff should know how to detect and respond to gas leaks
• Appliance connections: Must meet code and be inspected
• Ventilation: Adequate ventilation for gas-fired equipment

Common FDNY Violations in NYC Restaurants

Based on FDNY enforcement data and our experience working with NYC restaurants, these are the violations we see most often:

High-Frequency Violations

1. Overdue hood and duct cleaning — The kitchen has not been cleaned at the required NFPA 96 frequency. This is the single most common kitchen exhaust violation
2. Fire suppression system overdue — The semi-annual inspection was missed or the tag is expired
3. Missing or expired fire extinguishers — Extinguishers are not present, not accessible, or the annual inspection tag is expired
4. Blocked egress — Storage in hallways, stairwells, or in front of exit doors
5. Missing documentation — Cleaning was done but certificates cannot be produced during the inspection

Moderate-Frequency Violations

6. Missing duct access panels — Ductwork cannot be fully inspected because panels were never installed
7. Non-operational emergency lighting or exit signs — Bulbs burned out, batteries dead
8. Grease buildup on rooftop fan — The fan was not cleaned as part of the hood cleaning
9. Improper storage of flammable materials — Cleaning chemicals, cooking oils, or paper products stored too close to heat sources
10. Missing or expired Certificate of Fitness — Required personnel do not hold current certificates

Less Common But Serious Violations

11. Non-functional fire suppression system — The system has been discharged and not recharged, or components are missing
12. Ductwork clearance violations — Ducts run too close to combustible materials
13. Occupancy exceeded — More people in the space than the posted capacity allows
14. Unauthorized modifications — Changes to the exhaust system, gas lines, or fire protection systems without proper permits

Penalty Structure

FDNY penalties follow a tiered structure that escalates with severity and repeat offenses:

First-Time Violations

Violation Category	Typical Fine Range
Kitchen exhaust cleaning overdue	$500 – $1,000
Fire suppression inspection overdue	$500 – $1,000
Fire extinguisher violations	$250 – $750
Egress obstruction	$500 – $1,000
Documentation deficiency	$250 – $500

Repeat Violations

Fines escalate significantly for repeat offenses within a defined period:

• Second offense: Typically double the first-time fine
• Third offense and beyond: Up to $5,000+ per violation, plus increased inspection frequency
• Pattern of non-compliance may trigger additional enforcement actions

Immediately Hazardous Conditions

For conditions that present an immediate fire risk:

• Kitchen cease-and-desist: The FDNY orders cooking operations to stop immediately until the condition is corrected
• Building vacate order: In extreme cases, the entire building may be ordered evacuated
• Lost revenue: Every hour your kitchen is shut down costs money — weekend and holiday closures are particularly devastating
• Re-inspection fee: You may need to schedule and pay for a follow-up inspection to resume operations

The Real Cost

The fine itself is often the smallest part of the cost:

• Lost revenue during closure: A single evening of lost service at a busy NYC restaurant can exceed $5,000
• Emergency remediation: Same-day hood cleaning, fire suppression servicing, and other rush repairs carry premium pricing
• Insurance impact: Violations become part of your record and may affect future insurance premiums
• Reputation: In a competitive market, being shut down — even temporarily — can damage customer trust

How to Stay Compliant Year-Round

Build a Compliance Calendar

Map out every required maintenance, inspection, and certification renewal on an annual calendar. See our hood cleaning maintenance schedule guide for a detailed template.

Key Dates to Track

• Hood cleaning: At your NFPA 96 frequency (monthly, quarterly, semi-annual, annual)
• Fire suppression inspection: Every 6 months
• Fire extinguisher inspection: Annually
• Certificate of Fitness renewal: Per FDNY requirements
• Emergency lighting test: Monthly (30-second test), annually (90-minute test)

Assign Responsibility

One person on your team should own fire safety compliance:

• Managing the calendar and scheduling services
• Filing documentation
• Conducting weekly walkthroughs to check egress, signage, and equipment
• Being the point of contact during FDNY inspections

Work With Qualified Providers

Your hood cleaning company, fire suppression technician, and fire extinguisher service provider should all understand NYC-specific requirements. For guidance on selecting a hood cleaning provider, see our guide on how to choose a hood cleaning company.

Respond to Violations Immediately

If you receive a violation, do not wait for the deadline to correct it. Fix the issue the same day if possible, document the correction, and prepare for re-inspection. Quick response demonstrates good faith and may influence how future violations are handled.

The Business Case for Compliance

Fire code compliance is not just about avoiding fines — it is about protecting your business:

• Asset protection: A kitchen fire can destroy your restaurant and the building it is in
• Liability protection: If a fire injures customers, employees, or neighboring tenants, code compliance is your defense
• Insurance validity: Non-compliance can void your coverage when you need it most
• Operational continuity: Compliance keeps your kitchen open and your revenue flowing
• Peace of mind: Knowing your kitchen is safe lets you focus on running your business

The annual cost of full fire code compliance — hood cleaning, fire suppression inspections, extinguisher maintenance, and documentation — is typically $3,000–$6,000 for a standard NYC restaurant. That is a rounding error compared to the cost of a fire, a closure, or a denied insurance claim.

Bottom Line

NYC fire code compliance for restaurants is comprehensive but manageable. The requirements are clear: keep your exhaust system clean, maintain your fire suppression system, have proper extinguishers, keep egress clear, and document everything. Build a system for tracking and completing these requirements, and compliance becomes routine rather than reactive.

Need help getting your kitchen compliant? Get a free assessment from Empire Hoods — we will evaluate your exhaust system and help you build a maintenance plan that keeps you in compliance year-round.