Kitchen Exhaust System Too Noisy

DEP issued a violation notice to landlord for permitting the operation of a kitchen exhaust system that produced a sound level in an apartment in excess of 45 dB(A). The inspector stated at the hearing that he used a sound level meter in the apartment, and the noise registered at 58 dB(A). Landlord claimed that the kitchen exhaust equipment was in the restaurant of a commercial tenant in the building, that the commercial tenant was evicted a few weeks before the inspection, and that the marshal told him to wait 30 days before entering the restaurant after the eviction. The ALJ ruled for landlord and dismissed the violation. DEP appealed, claiming that landlord legally could have entered the restaurant to shut off the kitchen exhaust fan that was the source of the noise. The ALJ ruled for DEP and fined landlord $210. The commercial tenant was no longer in possession. The marshal’s advice not to sell or remove the evicted tenant’s property for 30 days didn’t bar landlord from entering the restaurant and shutting off the kitchen exhaust fan.

Beltre: ECB App. No. 46896 (10/2/08) [2-pg. doc.]