Plumber Who Performed Emergency Work Didn't Violate DOB Procedures

DOB issued two violation notices to landlord's plumber for performing plumbing work without a permit and failure to inspect an alternatively engineered design plumbing system. DOB's inspector said he observed newly installed gas piping in a second-floor apartment and gas meter area of a building basement. There was no permit covering any gas work and no limited alteration application (LAA) was issued after the allotted five days. The plumber argued that it had responded to a gas leak at the building and filed an Emergency Work Notification (EWN) that was approved by DOB on Oct. 4, 2018. The repair work was done between Oct. 4 and 9, and the piping was tested by the plumber and utility company. The plumber couldn't file the LAA because of a moratorium in effect from Oct. 2 through 14, when DOB was switching over to a new portal for filings called DOB NOW. On Oct. 12, the EWN was renewed through Oct. 22. The plumber then filed an LAA on Oct. 16, before expiration of the EWN. The plumber argued that it had followed DOB's procedures. The ALJ ruled against the plumber, finding that it could have electronically completed all required filings.

The plumber appealed and won. The plumber reasonably relied on DOB's permitting procedures for emergency work. The plumber followed the procedures set forth in DOB Service Updates and website pages, which described the permitting procedures for emergency work. 

DOB v. Fernandez Htg & Mech Corp: ECB App. No. 1901197 (10/24/19) [4-pg. doc.]