Violating Conditions Caused by Fire

The Fire Department issued a violation notice to landlord for multiple violations, including not maintaining fireproof partitions or walls in a stairway, not maintaining a required service panel for stores in the building, and not maintaining emergency lighting. Landlord claimed these conditions were caused by a fire and that repairs were made as soon as possible. The ALJ ruled against landlord on most of the violations and imposed fines of $950. Landlord appealed. ECB ruled for landlord on a number of the conditions in question. Landlord showed there was no failure to maintain equipment and a stairway enclosure. The damage to the walls and equipment was caused by a fire and by fire fighters. Landlord took quick action to institute temporary measures and permanently repair the condition. The total fine was reduced to $300.

325 Broadway Assocs.: ECB App. No. 21968 (8/14/96) [2-page document]