Landlord Fined for Not Registering Boiler Landlord Claimed Was Inoperable

DEP issued a violation notice to landlord for causing or permitting the use or operation of a boiler without first registering the boiler. At a hearing, landlord's  commercial tenant, who owned a dry cleaning business and operated the boiler in question, appeared and stated that he was responsible for the boiler in question and that he hadn't used the boiler since 2020 after renewing the registration many times. He claimed that the inspector had come to inspect the boiler for the building, which was next to his. But DEP's representative testified that the stack in question was still connected to the boiler and the boiler therefore was capable of being used, even it if wasn't in use at the time of inspection. DEP argued that, if a boiler can be used, it must have a current registration. The ALJ ruled against DEP and dismissed the violation.

DEP appealed and won. Landlord claimed that it wasn't responsible for the boiler operated by the dry cleaner. But, since the boiler was located in landlord's premises, landlord was responsible for ensuring that the boiler was properly registered even if it was owned by one of landlord's tenants. And landlord had presented insufficient proof that the boiler had been mechanically and permanently disconnected so that it was rendered inoperable for use before the inspection. Attempting to correct the violation by removing pipes or submitting a cancellation application after the date of the violation was no defense. Landlord was fined $400.

DEP v. CKS 198 LLC: ECB App. No. 2201366 (2/23/23)[3-pg. document]