Enclosure Required for Gas Boiler Installed to Replace Oil Boiler

DOB issued a violation notice to landlord because there was no fireproof enclosure for the building's boiler. The violation notice stated that landlord should get permits if possible and install an enclosure for the boiler. Landlord pointed out that the building was constructed before 1968 with an oil boiler. In 1979, a gas boiler was installed. Landlord argued that under the applicable regulation, this was a replacement boiler and no enclosure was required. The ALJ ruled for landlord and dismissed the violation. DOB appealed, claiming that since replacing an oil boiler with a gas boiler involved a change in fuel, it was considered a new installation or conversion and not a replacement. The ECB ruled for DOB and fined landlord $480.

Laudato: ECB App. No. 32333 (9/15/99) [2-pg. doc.]