ECB Can't Enforce Violation Regarding Fire Escape Painting

The Fire Department issued a violation notice to landlord for not properly scraping and painting a rusted fire escape. Landlord argued that it was unreasonable to require painting of the fire escape during winter. The ALJ ruled against landlord and fined it $300. Landlord appealed. ECB found that inclement weather wasn't a defense to a charge of failure to maintain a fire escape in a clean condition. However, ECB ruled for landlord because ECB doesn't have authority to rule on Fire Department Rule 11 violations. The issue of scraping and painting of fire escapes must be enforced by HPD.

76/77 Corp. Co-op.: ECB App. No. 19143 (8/14/96) [4-page document]