Landlord Didn't Produce Fuel Oil Conversion Approval Records at Inspection

The Fire Department issued a violation notice to landlord for failing to document DOB approval of a boiler conversion from burning #6 to #4 fuel oil. Landlord claimed that on the date of the violation it had DOB approval to burn #4 oil. But the Fire Department inspector testified that he didn't see the documents posted at the building and the super was unable to produce them upon the inspector's request. The ALJ ruled against landlord and fined it $300. Landlord appealed and lost. Landlord claimed, for the first time on appeal, that the documents were inside the boiler room. ECB wouldn't consider this argument and affirmed the fine.

Chestnut Holdings: ECB App. No. 1500228 (4/30/15) [1-pg. doc.]