Landlord Didn't Get DOB Approval Before Changing Boiler Oil Type

The Fire Department issued a violation notice to landlord for failing to submit a DOB certificate of approval for a boiler in the building. The violation stated that landlord changed from No. 6 to No. 4 fuel oil without approval. At a hearing, landlord claimed that it had attempted to obtain the certificate of approval before the violation was issued and was still waiting for DOB to issue it. The ALJ ruled for landlord and dismissed the violation. The Fire Department appealed and won. Although landlord had now obtained the DOB certificate, the fact that landlord was waiting for the approval certificate at the time of Fire Department inspection was no excuse. It was a violation of Fire Code Section 28-116.4.1 to operate the fuel-burning and fuel-oil storage equipment without the certificate of approval. 

159 West 25 Street LLC: ECB App. No. 1300495 (8/2913) [3-pg. doc.]