Repeat Violation for Lack of Fireproof Partitions

The Fire Department issued a repeat violation notice to landlord on March 19, 1997, for not maintaining fireproof partitions above a boiler. Landlord claimed that the new violation wasn't a repeat of the one issued two months earlier but was instead a new violation. The ALJ ruled against landlord and fined it $600 for the repeat violation. Landlord appealed and lost. Landlord was subject to a repeat violation penalty because the second violation had been found within 18 months of the first violation. It didn't matter that the area of the fireproof partition cited in the second violation wasn't identical to the area cited in the first violation.

Delmar Ment Corp.: ECB App. No. 28953 (12/17/97) [2-page document]