Flow Test Violation Incorrectly Cited

The Fire Department issued a repeat violation to landlord for failing to have a person holding a certificate of fitness keep a record of the monthly inspections of the building's sprinkler system. Another violation was issued for failing to maintain copies of the Residential Sprinkler System Flow Test Report at the building for at least five years. Landlord appealed, claiming that the certificate holder did keep a monthly inspection record at the building. The ALJ accepted landlord's proof of correction before the hearing date. But landlord admitted that he never maintained copies of the flow test at the building and was unaware of this requirement. The ALJ fined landlord $3,885. Landlord appealed and won, in part. The flow test violation had been issued under the assumption that the building was residential. But the building was in fact commercial, and therefore the flow test wasn't required. The fine was reduced by $850.

Chou: ECB App. No. 1300615 (9/26/13) [3-pg. doc.]