Loft Tenant Fined for Blocking Sprinkler System

The Fire Department issued a violation to loft tenant for failing to maintain required fire sprinklers in her studio living space. The Department's inspector saw that sprinkler heads on a studio ceiling were about 10 feet above a suspended ceiling consisting of wood planks and acoustical tiles. Tenant argued that, since the building was an interim multiple dwelling, there was time under the Loft Law to bring the building up to code while it was occupied. The ALJ ruled for tenant and dismissed the violation. The Fire Department appealed and won. Because the violating condition resulted from tenant's affirmative act of installing the suspended ceiling, the Loft Law didn't prohibit enforcement of Fire Department regulations. Tenant was considered an "owner" under the Fire Code since she was in control of the studio in which she lived, and therefore responsible for safe maintenance of the studio. The suspended ceiling blocked and could affect the proper operation of the fire sprinklers in the event of a fire. Tenant was fined $475.

Pels: ECB App. No. 1300773 (12/19/13) [5-pg. doc.]