Landlord Fined $1,500 for Missing FDNY Appointment to Test Sprinkler

FDNY issued a violation notice to landlord for failing to conduct a required equipment test. FDNY's inspector stated that landlord hadn't conducted a hydrostatic pressure test on the building's sprinkler system, which must be witnessed by a Fire Deparment representative. Landlord argued that she didn't receive sufficient notice of the test date and therefore wasn't able to appear at the building in time for FDNY inspection of testing. The ALJ ruled against landlord and fined her $1,500. Landlord appealed and lost. Landlord was properly held responsible for the violation. It wasn't a defense that landlord didn't receive proper notice of the testing date from her plumbing contractor. And the plumber's delays weren't a basis for landlord to be deemed to have cured the violation. And, even if landlord and her plumber had certified timely correction to FDNY, no cure was available for a second or subsequent violation of the same law within 18 months of a first violation. FDNY had issued a similar violation to landlord in 2018, only nine months before the new violation.

FDNY v. DaSilva: ECB App. No. 1901329 (10/24/19) [2-pg. doc.]