Oil Burner Switch Not in Proper Place

The Fire Department issued a violation notice to landlord. Landlord was charged with not providing an oil burner control switch near the staircase. Landlord claimed that the location of the switch had been previously approved. He also claimed that the switch had now been moved closer to the basement steps. The ALJ ruled against landlord and fined him $125 on the basis of this and another violation. Landlord appealed and the ECB again ruled against landlord. The oil burner control switch is required to be outside the entrance of, or immediately inside, the room where the oil burner is located. Landlord's claims that the switch location had previously been approved and that the switch was now moved closer to the steps were not valid defenses.

City of New York v. Scher: ECB App. No. 20060 (9/29/94) [2-page document]