No Access to Heating System

DEP issued a violation notice to landlord for not providing DEP with access to the building's heating system, in violation of the Air Pollution Control regulations. No sign was posted as to where the key to the heating system was located. Landlord claimed the area was accessible. The ALJ ruled against landlord and fined him $350. Landlord appealed and lost. It didn't matter where landlord's signs were posted. Since the inspector made a reasonable attempt to gain access to the boiler room and wasn't able to do so, the area was ''not accessible.''

Daskorolis & Marvronas: ECB App. No. 31182 (6/30/99) [2-pg. doc.]