Inoperative Smoke Detector While Boiler/Burner in Use

DEP issued a violation notice to landlord for having a boiler and burner in use with an inoperative smoke detector. Landlord claimed that the problem happened just before the DEP inspection and that the super was in the process of correcting it at that time. The ALJ ruled against landlord and fined it $720. Landlord appealed and lost. It didn't matter when the problem occurred or how long the smoke detector wasn't working. At the time of the inspection, the boiler/burner was being operated without a working smoke detector.

Similis Mgmt. Corp.: ECB App. No. 34806 (7/30/02) [2-pg. doc.]