Landlord Sprinkled Sidewalk with ‘White Sand' to Melt Ice

DOS issued a violation notice to landlord for not removing snow more than four hours after snowfall had ended. Landlord claimed that sleet and ice froze immediately on the sidewalk, so the sidewalk couldn't be shoveled without chemicals to melt the ice. Landlord sprinkled the sidewalk with ''white sand'' as soon as the snowfall stopped and, once loosened, shoveled the sidewalk. The ALJ found that, by law, landlord was required to put down salt, sand, or ash, and that landlord hadn't done so. The ALJ fined landlord $50. Landlord appealed. ECB ruled for landlord and revoked the fine. The ALJ misread the law, which stated that if snow and ice couldn't be removed without injury to the pavement, landlord could put down ''ashes, sand, sawdust or some similar suitable material.'' The ALJ didn't find that the ''white sand'' landlord put down was unsuitable. So landlord had complied with the law.

Olaisen: ECB App. No. 26181 (5/28/97) [2-page document]