Landlord Didn't Post Certificate of Approval for Fuel Oil Burner

The Fire Department issued a violation notice to landlord for not providing a DOB approval certificate for a fuel oil burner. This was a repeat violation. Landlord claimed that it corrected the condition after getting the prior violation notice. Landlord also questioned why the fine for the new violation was $400 when the prior fine was $100. Landlord showed that the certificate had been issued, but it hadn't been posted by the burner. The ALJ ruled against landlord and landlord appealed. ECB again ruled against landlord. To comply with Fire Department rules, the certificate must be posted so that it is available for inspection. The higher penalty was reasonable, since this was a repeat violation.

City of New York v. Shori: ECB App. No. 19128 (10/26/94) [2-page document]