Unauthorized Oil Tank Installation

The Fire Department issued two violations to landlord for failing to present proof of DOB approval for the installation of a new 3,500-gallon oil tank. Landlord presented a DOB Certificate of Approval for a new 3,000-gallon oil tank installed to replace the prior oil tank to the ALJ. The ALJ ruled against landlord. The ALJ found that although landlord showed that a 3,000-gallon tank was removed in 2002, there was no proof that landlord got the needed authorization for the new 3,500-gallon tank cited in the violation notice. Landlord was fined $2,250. Landlord appealed, claiming that there was no 3,500-gallon tank installed, and that DOB approved the replacement of the old 3,000-gallon tank with a new 3,000-gallon tank. The DOB ruled against landlord. Landlord admitted that it failed to present proof of DOB approval to the Fire Department inspector. This was sufficient grounds for the violations. But landlord did correct the violations before the hearing with the ALJ. So the fine was reduced to $1,250.

Ten Sheridan Associates, LLC: ECB App. Nos. 43937-43938 (11/17/08) [3-pg. doc.]