Unconnected Leaders Legal for Building Built in 1921

DOB issued a violation notice to landlord for failing to maintain exterior walls and fixtures to the building. DOB's inspector found three drain leaders that weren't connected to the main drain or sewer. Rain runoff therefore collected at the rear facade and drained into the adjoining building's basement. The ALJ ruled that landlord had a duty to connect the leaders to a sewer or other storm drainage system and fined landlord $500. Landlord appealed and won. Landlord argued that the downspouts for his building were legal when the building was constructed in 1921 and remained unchanged since then. Unconnected leaders were legal under the 1938 Building Code, and the 1968 Building Code didn't retroactively require the leaders to be connected to a sewer. So there was no violation.

Al Fishman Revocable Trust: ECB App. No. 1000610 (12/16/10) [2-pg. doc.]