Temporary Scaffold Isn't Violation

DOB issued a violation notice to landlord for not maintaining the building in a safe condition. The notice stated that there was a scaffold at the side of the building without adequate bracing. Landlord claimed that the building code section that the violation was based on didn't apply to scaffolds. The ALJ ruled against landlord and fined him $800. Landlord appealed and won. The building code section cited applied to ''service equipment'' and ''devices.'' The temporary scaffold that landlord put up for a few hours wasn't service equipment or a device that landlord had to maintain in good working order.

38-05 98th St.: ECB App. No. 39180 (5/28/02) [2-pg. doc.]