Sprinkler Test Date Scheduled Before Certificate Deadline

The Fire Department issued a violation notice to landlord for not arranging and conducting a required flow and pressure test for the standpipe system in violation of Fire Rule 20. Landlord claimed he'd corrected the violation by July 18, which was the deadline for certifying the correction of the violation. The ALJ ruled against landlord and imposed a $100 fine. Landlord appealed. ECB ruled for landlord, in part. Landlord had scheduled a test date prior to the certification deadline set forth in the violation notice. But the test wasn't actually done until later. Landlord properly indicated the test date and a Fire Department employee authorization number on the certificate of correction form that was mailed on time in accordance with Fire Department instructions. So landlord was entitled to a finding of violation with no penalty.

Haberman: ECB App. No. 25322 (1/22/97) [2-page document]