Fire Passageway Beneath Building Was Illegally Padlocked

DOB issued a violation notice to landlord after finding a fire passageway beneath the building was obstructed by a scissor gate and a wooden gate secured with a padlock and chain. DOB cited this as a Class 1 immediately hazardous violation. At a hearing, DOB's inspector testified that gates are permitted, but must be capable of being opened with one action. Landlord admitted that there was a padlock, but said that it was there to trick neighborhood drug traffickers into thinking the gate was locked. He testified that his tenants knew the gate could be opened without a padlock key. The ALJ believed this, but found that it wasn't a valid defense. Landlord was fined $1,600. Landlord appealed and lost. The fire exit passageway was still locked. The scissor gate was impermissible because it didn't swing and wasn't side-hinged. The lock on the wooden gate was impermissible, even though it was unlocked, because it appeared to be locked and required special knowledge or effort to open. This was properly classified as an immediately hazardous violation because the illegal gates posed a threat that severely affected life, health, safety, property, the public interest, or a significant number of persons.

Sokoloweicz: ECB App. No. 1101132 (2/16/12) [3-pg. doc.]