Landlord Didn't Conduct Sprinkler Flow Tests at Adjoining Buildings

The Fire Department issued a number of violation notices to landlord in 2019 based on failure to conduct a residential sprinkler flow test at six neighboring buildings. At a hearing, landlord argued that none of the sprinkler flow tests could be performed because none of the sprinkler systems had an inspector's test valve, which had been a requirement since 1999. Landlord said that, because none of the buildings had had major alterations since the 1970s, the lack of an inspector's test valve was "grandfathered" as permissible.

The ALJ ruled against landlord, finding that landlord failed to establish grandfathering as a defense. Six violations were upheld, and landlord was fined $3,600.

Landlord appealed and lost. Each of the Building Codes issued in 1938, 1968, 2008, and 2014 contained requirements for an inspector's test valve. And landlord offered insufficient proof to show that it was impossible to install inspector's test valves prior to the violation date. 

FDNY v. Diego Beekman Mutual Hsg. Assoc.: ECB App. No. 2200471 (5/26/22)[5-pg. document]