Fire Department Can Issue Violation for Not Maintaining Fire Escape

The Fire Department issued a violation notice to landlord for failure to maintain the building's fire escape. The violation noted that the fire escape needed scraping and painting. Landlord claimed that he immediately corrected the violation, but no certificate of correction was on file. The ALJ ruled for landlord, finding that the violation notice didn't adequately state the violation. The ALJ also found that the Fire Department wasn't authorized to issue violations for fire escape conditions. The Fire Department appealed and won. The violation notice adequately advised landlord of the charge. And the Fire Department had jurisdiction over the maintenance of fire escapes under Administrative Code Section 28-103.1(4). A fire escape is a device used by firefighters, and its use and operation are regulated by the Fire Code. Since landlord had shown that the violation was corrected, it was fined just $200.

78 Commerce Street: ECB App. No. 1000718 (11/18/10) [3-pg. doc.]