Roof Work Done Without Permit Resulted in Worker’s Death

DOB issued a violation notice to landlord for removal of wood sheathing that exposed roof rafters without a permit. DOB’s inspector testified that the work without a permit resulted in the death of a worker who fell from the roof. Landlord said he didn’t know that his original contractor didn’t have a permit and, once discovered, he replaced that contractor with a new one. Landlord also argued that the first contractor should be responsible for the violation. The ALJ ruled against landlord and fined him $4,000.

Landlord appealed and lost. Landlord argued that an aggravated penalty wasn’t warranted. But, despite claiming to have been victimized by his contractor, landlord didn’t dispute that work was performed at the building without a permit. As the building owner, landlord was responsible for any work performed at the property, and can’t delegate legal responsibility to its contractor. Landlord also didn’t dispute that the work, as conducted, resulted in a fatality. Landlord wasn’t entitled to a mitigated penalty despite having corrected the condition before the first hearing date.

Klencner: ECB App. No. 1601113 (12/15/16) [3-pg. doc.]