Temporary Construction Not a Violation

DOB issued a violation notice to landlord for not safeguarding people and property during construction. Landlord claimed that there was no violation. The ALJ ruled against landlord because landlord's temporary construction fence blocked a second building exit for tenants. Landlord was fined $1,500. Landlord appealed and won. Landlord argued that he'd installed a temporary plywood construction fence between his two-family building and the vacant lot he owned next door, to prevent people from entering the yard during construction. Tenants were notified of the work, and the work didn't require permits. Landlord also pointed out that only one means of egress is required for one- or two-family dwellings.

McCarroll: ECB App. No. 43068 (6/29/06) [3-pg. doc.]