Landlord Didn't Schedule Five-Year Trip Test

The Fire Department issued a violation notice to landlord for failing to arrange for a five-year trip test of its dry sprinkler system. This was a repeat violation. Landlord claimed that he didn't receive the notice in a timely manner and therefore missed the initial hearing date. Landlord had now scheduled the sprinkler test. The ALJ ruled against landlord and fined it $1,500. Landlord appealed and lost. The Fire Department made reasonable attempts to deliver the notice at the building and by regular mail. The Fire Department inspector had affixed the notice to a building wall after finding no authorized representative of landlord at the building. And because the violation was a repeat offense, no cure was available to avoid imposition of the penalty for the violation.

Kriegel's Product Realty Inc.: ECB App. No. 1300472 (7/25/13) [3-pg. doc.]