Fire Extinguisher or Sand Buckets Missing from Boiler Room

The fire department issued a violation notice to landlord for not providing two sand-filled fire buckets or one approved operating fire extinguisher in the boiler room. Based on landlord's proof that the condition was corrected before the first scheduled hearing date, the ALJ reduced landlord's fine to $75. Landlord appealed, claiming that the fire bucket and extinguisher were present on the inspection date. Landlord said that there should be no penalty. The ECB ruled against landlord. The inspector testified that when he visited the building, he asked landlord to show him the fire buckets or extinguisher, but that landlord appeared confused and was unable to produce either. The ALJ accepted the fire department's recommendation to reduce landlord's fine to $75.

Luo: ECB App. No. 39402 (10/26/04) [2-pg. doc.]