Landlord Didn't Falsely Certify Correction of Violations

The Fire Department issued violation notices to landlord. One was for failing to maintain a standpipe system. The other was for failing to secure an iron ladder leading to the standpipe gravity tank. The Fire Department also cited landlord for falsely certifying correction of the violation. In response to the initial violation, the building super tied the loose leg of the ladder to secure it to the gravity tank. Landlord then submitted a certificate of correction to the Fire Department. The Fire Department reinspected and told landlord that the ladder must be welded to the tank to secure it properly. Landlord testified before the ALJ that a contractor did the welding and showed photographs. The super testified that he believed that the violation was corrected when he tied the loose ladder leg to the gravity tank. The ALJ found that the violation had been corrected but that landlord had filed a false certification. Landlord was fined $6,700. Landlord appealed, claiming that it didn't falsely certify correction of the violation. ECB ruled for landlord and refunded $1,200 of the total fine. The fire code calls for fines to any person who knowingly makes a false statement or falsifies any certification of correction of a violation. The building super testified credibly that he believed he had taken proper steps to correct the Rule 12 violation. There was no contrary proof that the super or landlord knowingly made any false statement or certification.

79 St. Tenants Corp.: ECB App. No. 46880 (10/2/08) [2-pg. doc.]