Certificate of Approval of Fuel Oil Burning and Storage Equipment Unavailable

The Fire Department issued a violation notice to landlord for failing to provide documentation that DOB had approved landlord's fuel oil burning and/or fuel oil storage equipment. Landlord sought dismissal of the violation, claiming that no section of law was cited in the notice. The ALJ ruled against landlord and fined it $750. Landlord appealed and lost. Landlord now claimed that the Certificate of Approval was in the building, but the super just wasn't available when the Fire Department inspector appeared. But the inspector's inability to find the required documentation in the building at the time of inspection was proof that it wasn't posted in a conspicuous location or otherwise produced or provided as required.

Lavie Realty LLC: ECB App. No. 1700681 (8/3/17) [3-pg. doc.]