Inaccessible Boiler Room

DEP issued a violation notice to landlord for not making the boiler room accessible for DEP inspection. Landlord claimed that the boiler room wasn't locked. A DEP inspector said there were no signs posted at the building entrance to show the location of the boiler room key, and that the building itself was locked, so there was no ready access. The ALJ ruled against landlord and fined him $350. Landlord appealed and lost. Since the front door to the building was locked and landlord didn't post information on whom to contact to gain entry to the building, the DEP inspector couldn't get access and landlord was in violation of applicable law.

Malone: ECB App. No. 36272 (12/7/04) [3-pg. doc.]