Boiler Room Not Accessible

DEP issued a violation notice to landlord for refusing its inspector access to the boiler room, since no sign was posted as to the location of the boiler room key. The ALJ found that there was a lock on the boiler room, with the proper sign posted over the mailboxes, but that access couldn't be gained through the vestibule door leading to the mailboxes to read the sign because the front door leading to the vestibule was also locked. This prevented boiler room access. The ALJ fined landlord $265. Landlord appealed, claiming that the inspector didn't make reasonable efforts to gain access. ECB ruled against landlord. Although landlord claimed tenants wanted the outer door locked for security reasons, this prevented others such as ECB's inspector from gaining proper access. And the fact that landlord's management office was located a five-minute car ride from the building didn't make the boiler room readily accessible since the inspector would have to go to another location.

Stark: ECB App. No. 22692 (5/28/97) [2-page document]