Landlord Had No Operating Certificate for Boiler

DEP issued a violation notice to landlord for operating fuel-burning equipment without first obtaining an operating certificate. DEP noted that landlord didn't respond within 60 days to its notice of disapproval for the installed boiler/burner. Landlord claimed that he never got the notice because it was sent to his boiler service company. The ALJ ruled against landlord and fined him $560. Landlord appealed and lost. On the date of the violation, landlord didn’t have an operating certificate for the boiler. It was landlord’s responsibility to make sure a proper certificate was in place, even if the disapproval notice had been sent to the boiler service company.

1683 Investors Corp.: ECB App. No. 1100531 (7/21/11) [2-pg. doc.]