No Requirement for Affidavit

The Fire Department issued a violation notice to landlord for not providing documentation regarding the removal of a fuel oil storage tank from a building basement. Landlord objected. The ALJ found that landlord didn't provide an affidavit stating that the storage tank had been removed and fined it $600. Landlord appealed, pointing out that its discontinued storage system was used to store petroleum fuel oil and that no affidavit was required under the rule governing storage of petroleum fuel oil. ECB ruled for landlord and revoked the fine. There is no requirement to file any documentation with the Fire Department under the petroleum fuel oil storage rule.

Inwood Holding LLC: ECB App. No. 32874 (2/23/00) [3-pg. doc.]