Smoke Emission Caused by Repair Work

September 30, 1997

LVT Number: 11778

DEP issued a violation notice to landlord for smoke emission from the building's boiler. Landlord claimed the emission occurred during boiler repairs. The ALJ ruled against landlord and fined him $540. Landlord appealed. Landlord had submitted a bill from the boiler contractor showing that the repairs and boiler testing were done between 4:00 and 5:00 p.m. Landlord's managing agent and the building's superintendent also testified that the repairs were made during this time. The violation notice was issued at 4:30 p.m. ECB ruled for landlord and revoked the fine.

DEP issued a violation notice to landlord for smoke emission from the building's boiler. Landlord claimed the emission occurred during boiler repairs. The ALJ ruled against landlord and fined him $540. Landlord appealed. Landlord had submitted a bill from the boiler contractor showing that the repairs and boiler testing were done between 4:00 and 5:00 p.m. Landlord's managing agent and the building's superintendent also testified that the repairs were made during this time. The violation notice was issued at 4:30 p.m. ECB ruled for landlord and revoked the fine. The emission was caused by necessary repair work and therefore wasn't a violation.

Bishay: ECB App. No. 23862 (3/26/97) [2-page document]

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