Boiler Operated Without Certificate of Compliance

March 13, 2013

LVT Number: #24673

The Fire Department issued a violation notice to landlord for operating a boiler without a certificate of compliance. Landlord argued that the violation was issued in June 2012 even though Fire Department inspection of the boiler wasn't scheduled until October 2012. The ALJ ruled against landlord and fined it $600. Landlord appealed and lost. For the first time on appeal, landlord claimed that work was ongoing on the date of the violation. But ECB refused to consider this new claim, and besides, landlord offered no proof that installation work was in progress on the violation date.

The Fire Department issued a violation notice to landlord for operating a boiler without a certificate of compliance. Landlord argued that the violation was issued in June 2012 even though Fire Department inspection of the boiler wasn't scheduled until October 2012. The ALJ ruled against landlord and fined it $600. Landlord appealed and lost. For the first time on appeal, landlord claimed that work was ongoing on the date of the violation. But ECB refused to consider this new claim, and besides, landlord offered no proof that installation work was in progress on the violation date. NYC Administrative Code Section 28-116.4.1 specifies that a boiler shall not be operated until the Fire Department issues a certificate of compliance after submission of a satisfactory report of inspection and testing of the equipment.

Langsam Property Service: ECB App. No. 1201114 (1/31/13) [1-pg. doc.]

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