No Requirement to Post Certificate of Approval

The Fire Department issued a violation notice to landlord for not providing a certificate of approval for conversion of an oil burner to gas. Landlord claimed it had the certificate. The ALJ ruled against landlord, finding that the certificate wasn't posted in the building on the date of the violation. Landlord was fined $400. Landlord appealed, claiming it had the certificate of approval of its burner conversion, but didn't know it had to be posted. ECB ruled for landlord and revoked the fine. Fire Department Rule 18 states only that it's a violation to ''fail to obtain'' the certificate of approval. It doesn't state that landlord must post it.

Lev Realty Co.: ECB App. No. 28666 (3/25/98) [2-pg. doc.]