Landlord Completed Sprinkler Test Shortly After Violation Issued

The Fire Department issued a violation notice to landlord for failing to arrange a flow test of the building’s residential sprinkler system in the presence of an FDNY representative. At a hearing, landlord showed that the condition was corrected. FDNY then recommended a mitigated penalty. The ALJ agreed and fined landlord $300. Landlord appealed and lost. Landlord wasn’t entitled to a zero penalty because it failed to certify correction in a timely manner acceptable to the Fire Department. Landlord could have received no penalty only if it submitted a certificate of correction, along with proof of compliance, prior to the hearing date. The ALJ properly imposed a reduced penalty.

63 Cranberry St. Assoc.: ECB App. No. 1600422 (6/30/16) [1-pg. doc.]