Inspector Didn't Try Second Building Entrance

LVT Number: 13763

DEP issued a violation notice to landlord for not making the heating system area readily accessible to DEP's inspector. The violation notice stated that there was no sign posted giving the location of the boiler room key. Landlord argued that the building had two entrances and that the inspector had tried only one of them. The ALJ ruled for landlord and dismissed the violation. DEP appealed and lost. There were two entrances to the corner building. The inspector didn't enter the front entrance where the required sign regarding boiler room access was posted.

DEP issued a violation notice to landlord for not making the heating system area readily accessible to DEP's inspector. The violation notice stated that there was no sign posted giving the location of the boiler room key. Landlord argued that the building had two entrances and that the inspector had tried only one of them. The ALJ ruled for landlord and dismissed the violation. DEP appealed and lost. There were two entrances to the corner building. The inspector didn't enter the front entrance where the required sign regarding boiler room access was posted.

Bokhari: ECB App. No. 32293 (10/27/99) [3-pg. doc.]

Downloads

32293.pdf152.18 KB