Landlord Must Comply with Boiler Room Rules Despite Inoperative Boiler

The Fire Department issued a violation notice to landlord for various boiler room violations: failure to provide either an approved working fire extinguisher or two fire buckets filled with sand at the boiler room; failure to maintain self-closing fireproof doors; failure to maintain fireproof partitions or walls; and failure to provide adequate ventilation. Landlord claimed that the boiler was disconnected in 1984 and had been inoperative since then. The ALJ ruled against landlord and fined him $1,575. Landlord appealed. ECB also ruled against landlord. Landlord was charged with violating fire prevention rules, not failing to maintain its boiler. The oil storage tank in the boiler room was still being used to feed another boiler located in an adjacent building, which functioned to heat both buildings. Since the oil storage tank was in use, landlord had to follow the fire prevention rules.

City of New York v. Tulman: ECB App. No. 21222 (4/26/95) [2-page document]