Landlord Must Maintain Boiler Room Even if Oil Burner Not in Use

The Fire Department issued three violation notices to landlord for not maintaining the building's oil burner and boiler room. Landlord claimed he wasn't required to maintain the boiler room since he'd been using the heating system in the building next door to heat both buildings since 1990. The ALJ ruled against landlord and fined him $975. Landlord appealed, again claiming that the boiler room was now just a storage room and that the oil burner was detached. ECB ruled against landlord. Until the old boiler system was discontinued in a safe and approved manner, landlord was required to maintain that burner and the boiler room.

Greene: ECB App. No. 23051 (5/27/98) [2-pg. doc.]