Landlord Didn't Need Certificate of Operation

DEP issued landlord a violation notice for not getting a certificate of operation for the building's boiler/burner. Landlord argued that this certificate is only required for boilers using #4 oil---landlord's boiler used #2 oil. The original registration for the boiler stated that it used #4 oil, but landlord had amended the registration to state that the boiler used #2 oil. The ALJ ignored landlord's proof of the amended registration, and fined landlord $450. Landlord appealed, arguing that it only needed to register the equipment---not get it certified by an engineer or architect. ECB waived landlord's fine. DEP rules allow boilers using #2 oil and firing less than 20 gallons per hour to be registered without certification. Landlord proved that its burner fits that description.

City of New York v. Erlichster: ECB App. No. 19749 (5/25/94) [2-page document]