Landlord Fined After Tenant Accidentally Set Off Fire Alarm

The Fire Department issued a violation notice to landlord for failing to prevent an unnecessary fire alarm, and claimed that it was a repeat violation. Landlord testified that the alarm was set off by dust released when a tenant accidentally hit an air duct while moving furniture. The ALJ fined landlord $935. Landlord appealed and lost. Landlord argued that it shouldn’t be fined for a tenant accident and that its regular maintenance and prompt corrective action should reduce the fine. ECB ruled against landlord. Tenant accident wasn’t a defense to the violation. Landlord was responsible under the Fire Code for preventing unnecessary alarms. ECB also refused to reduce the fine. This was a second violation within six months, and there was no cure. And the ALJ had already reduced the fine at the time of the hearing since the violation was corrected before the hearing department.

530 Adler Realty R.: ECB App. No. 1500716 (9/25/15) [3-pg. doc.]