Landlord Fined $2,000 for Not Testing Gas or Plumbing Systems

DOB issued two violation notices to landlord for supplying gas to a building without inspection and DOB certification, as well as failing to have a new or altered plumbing system tested. Landlord admitted that the plumbing system failed the initial testing in October 2015 and explained that the delay in retesting was caused by the engineer who delayed revising the plans for the system. Landlord claimed that it had no control over the plan revision required of the engineer. Landlord also admitted that he’d asked Con Edison to turn on the gas and that Con Ed didn’t care that DOB hadn’t yet authorized the service. The ALJ ruled against landlord and fined it $2,000. Landlord appealed and lost. Landlord claimed for the first time on appeal that the two violations duplicated each other. ECB found that DOB proved separate violations of the Fuel and Gas Code, as well as the Plumbing Code. There was no duplication.

Myrto Plumbing & HVAC Corporation: ECB App. No. 1601140 (12/15/16) [4-pg. doc.]