Landlord Didn't Test Fire Protection System

The Fire Department issued two violation notices to landlord, one for failing to produce records for a quarterly cleaning of the exhaust system and another for failing to conduct a semiannual inspection and testing of the building's fire protection system. Landlord's representative admitted the violations on an adjourned hearing date and claimed that landlord was going to do the work. The ALJ fined landlord $1,300. Landlord appealed and lost. Landlord claimed that a medical emergency kept him from personally attending the ALJ hearing. He claimed that he corrected the violations on Nov. 21, 2012, before the Nov. 29 adjourned hearing. ECB ruled against landlord, since it wouldn't consider new evidence on appeal. Landlord was represented at the adjourned hearing and was required to show proof of correction at the hearing. In addition, correction of the violations was required by July 26, 2012, the first scheduled date for the hearing.

Vorfi: ECB App. No. 1201203 (2/28/13) [2-pg. doc.]