No Certificate of Approval for Oil Burner

The Fire Department issued a violation notice to landlord for not getting a certificate of approval from DOB for installation of an oil burner. The ALJ ruled against landlord because landlord admitted the violation and later corrected it by discontinuing the burning of fuel oil and removing the fuel oil storage tank. Landlord was fined $800. Landlord appealed and claimed, for the first time, that this was a repeat violation and that DOB had previously approved his application to get a certificate of approval for the oil burner installation. ECB ruled against landlord because these issues hadn't been raised when the Fire Department would have had a chance to respond at a hearing before the ALJ.

Alani: ECB App. No. 32402 (9/15/99) [2-pg. doc.]