Mitigated Penalty for Missing Sprinkler Certification Due to COVID-Caused Delays

The FDNY issued a violation notice to landlord for failure to conduct a required test or inspection of a residential sprinkler system. The notice required landlord to schedule a performance flow test of the sprinkler system in the presence of the Fire Dept. by June 22, 2021. The first hearing date was July 15, 2021. At the hearing, landlord argued that the earliest date her plumber could schedule the flow test was Oct. 8, 2021, due to a backlog caused by COVID. Landlord therefore sought a mitigated penalty. The ALJ approved the mitigated penalty and fined landlord $300.

Landlord appealed and lost. Landlord hadn't performed the test before the date of inspection on the violation notice. So, some penalty applied even though landlord argued that there should be no penalty because its plumber scheduled the earliest available inspection date before the hearing. Since no certification of correction was submitted before the hearing date, some penalty applied. 

FDNY v. Griffiths: ECB App. No. 2101142 (11/18/21)[2-pg. document]