Building Lacked Two Means of Egress from Cellar

DOB issued a violation notice to landlord for failing to provide at least two means of egress from a cellar area. DOB said that landlord did unpermitted work to incorporate part of the cellar into an existing first-floor apartment. This left only one means of egress from the remaining cellar space. Landlord admitted the facts but questioned whether cited 1968 Building Code Section 27-365(a) applied. DOB asked to amend the violation to cite new Building Code Section 1018.1. The ALJ ruled for landlord and dismissed the violation.

DOB appealed and won. The old and new provisions were similar. The 1968 Building Code provision required at least two door openings, remote from each other and leading to exits, from every room or enclosed space. The new Building Code section says that all rooms and spaces within each story must have at least two exits as required. New York City regulations permitted the ALJ to allow appropriate amendments to the violation notice on such conditions as necessary to avoid injustice. Landlord only objected to amending the notice to avoid a higher penalty it believed would apply. The penalties under the old provision and the new one were identical. There would have been no harm to landlord by permitting the amended notice. Landlord was fined $1,600.

Keter Residence LLC: ECB App. No. 0900022 (5/7/09) [2-pg. doc.]