No Boiler Room Fire Extinguisher Required in Two-Family Dwelling

The Fire Department issued a violation notice to landlord for failing to provide a portable fire extinguisher in his building's boiler room. Landlord argued that the building was a two-family dwelling with no commercial tenant. Landlord also lived in the building. The ALJ ruled for landlord and dismissed the violation. The Fire Department appealed and lost. The Fire Department questioned whether the building was a two-family dwelling and claimed that DOB and HPD records showed it had nine units and a low pressure boiler. ECB ruled against the Fire Department since it couldn't consider this new claim for the first time on appeal. Landlord's two-family dwelling was exempt from the requirement to provide a portable fire extinguisher.

Jacques: ECB App. No. 1300377 (6/27/13) [2-pg. doc.]