Landlord Didn't Properly Maintain and Test Sprinkler System

The Fire Department issued a violation notice to landlord after finding that there was no certificate of fitness (CF) holder for maintaining the sprinkler system at landlord's building, and no records showing that the sprinkler system was inspected, tested, and maintained in compliance with Fire Department regulations. Landlord claimed that he was unaware of these requirements for the sprinkler system because no one had asked for these records in over 30 years. He also said he was in the process of correcting the violation, having taken the exam for CF holder. The ALJ ruled against landlord and fined him $1,450 because ignorance of the law was no defense to the violation. Landlord appealed and lost. The Fire Department wasn't required to inform landlord of Fire Code or rule requirements. Any failure by the Fire Department to enforce its rules in the past was no excuse. Landlord also failed to correct the violation by the time of the hearing before the ALJ although there was sufficient time to do so.

Robertson: ECB App. No. 1200319 (6/27/13) [2-pg. doc.]