Landlord Didn't Produce Certification of Curtain Flameproofing at Inspection

The Fire Department issued a violation notice to landlord for failing to provide a certificate of compliance for flame-resistant materials. The inspector said that landlord had failed to provide a sworn statement to verify that curtains on the first and second floors in the building were flameproof. The Fire Department had issued a prior violation to landlord for the same reason. Landlord claimed that the curtains were treated three months before the violation was issued and that the treatment lasted for a year. Landlord claimed that his building porter couldn't leave his post to get and show the certificate to the inspector when he appeared at the building. The ALJ ruled against landlord but reduced the penalty since landlord had proof of correction before the hearing date. Landlord was fined $1,125.

Landlord appealed and lost. Landlord now claimed that the porter didn't know where the certificate was when the Fire Department inspector appeared. ECB wouldn't consider this new claim on appeal. And it wasn't a defense that the fire-retardant treatment had been performed. Fire Code Section 805.1.3 required landlord to have the certificate of compliance available to FDNY personnel to prove the curtains had been treated.

9th St. Ventures Ltd.: ECB App. No. 1701224 (1/18/18) [3-pg. doc.]