No Boiler Violation Since There Was No Boiler

LVT Number: #20576

DOB issued a violation notice to landlord for installing a boiler without a work permit and failing to register the boiler. The notice stated that the boiler must be legalized. Landlord argued that there was no boiler in the location cited, only a hot water heater. The ALJ ruled against landlord and fined it $850. Landlord appealed and won. Since the equipment wasn't a boiler, it wasn't subject to the regulation cited in the violation notice.

DOB issued a violation notice to landlord for installing a boiler without a work permit and failing to register the boiler. The notice stated that the boiler must be legalized. Landlord argued that there was no boiler in the location cited, only a hot water heater. The ALJ ruled against landlord and fined it $850. Landlord appealed and won. Since the equipment wasn't a boiler, it wasn't subject to the regulation cited in the violation notice.

NMG Corporation: ECB App. No. 41818 (5/29/08) [2-pg. doc.]

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