DOB Violation Issued When Scaffolding Was Being Dismantled

DOB issued two violation notices to landlord for failing to safeguard all persons and property during construction at its building. DOB's inspector found that scaffolding at the building site was missing netting, guard rails, and toe boards; had unattended workers' materials on it; and had planks that didn't comply with OSHA requirements. The inspector issued a stop-work order. At a hearing, landlord argued that, at the time of DOB's inspection, the scaffold was being dismantled because work was completed. The scaffold dismantling took place between April 16 and April 19, 2019; the violation notices were issued on April 18. The ALJ ruled against landlord and sustained the violations.

Landlord appealed and won. Landlord submitted letters to the ALJ from its property manager and contractor explaining when the dismantling of the scaffold had taken place. DOB's description of conditions observed when the violation notice was issued were consistent with dismantling. And landlord submitted a photograph showing that scaffolding had been removed shortly after the violation notice was issued.

DOB v. Superb Property Mngt: ECB App. No. 1901362 (10/24/19) [3-pg. doc.]