No Certificate of Approval for New Oil Storage Tank

The Fire Department issued two violation notices to landlord: one for not getting a DOB approval certificate for the installation of a new oil storage tank; and the other for not submitting a sworn statement to the Fire Department saying that the old tank was properly removed. The ALJ fined landlord $1,100 and landlord appealed. Landlord claimed the new oil storage tank was installed on an emergency basis because there was no heat or hot water. The work was legalized within six months. Landlord claimed that, under the circumstances, there should be no violation for not getting the DOB approval certificate. ECB ruled against landlord, finding that it didn't prove it followed DOB's procedures for emergency installations. On the second violation for not providing documentation regarding removal of the old tank, landlord claimed there was no requirement to submit a sworn statement to the Fire Department about the proper removal of the old tank. Landlord also showed that the old fuel tank had been pumped and cleaned within a few years before removal. ECB ruled for landlord. Fire Department rules don't require the filing of any statement upon removal of a fuel oil storage tank. Landlord proved the old tank was properly disposed of, and that was sufficient. The fine was reduced by $300.

Lordae Realty Corp.: ECB App. No. 34247 (2/25/03) [3-pg. doc.]