Padlocked Gate Behind Building Blocked Egress

DOB issued a violation notice to landlord after an inspector saw a padlocked gate on the cyclone fence at the rear of the building that prevented exit from the back of the building in case of an emergency. The inspector noted that the fire escape and emergency access from the building were at the rear. Landlord argued that the building itself wasn't padlocked and that the locked gate didn't prevent exit from the building. The ALJ ruled against landlord and fined him $2,500. Landlord appealed and lost. The building, as defined in Admin. Code Section 28-105.1, includes fences behind the building. Also, the padlock prevented people from getting to the street from the back of the building.

Chu: ECB App. No. 1000118 (7/22/10) [4-pg. doc.]