Work on Chimney Wasn't Minor Alteration

DOB issued a violation notice to landlord for performing work without a permit. The violation described the work as a metal stack erected at the fourth-story apartment to the outside of the building. Landlord said the work was just the installation of elbows to an existing chimney. The ALJ ruled for landlord and dismissed the violation, finding that the work was a minor alteration not requiring a permit. DOB appealed. ECB ruled for DOB and fined landlord $500. The installation of elbows and pipes to extend the chimney and move the chimney's opening away from the wall was more than a mere minor alteration and required a permit. The work formed a rearrangement or relocation of a part of the building that affected the building's heat, fire, and structural safety. Also, the increased height of the chimney enlarged the building's dimensions.

Mendler: ECB App. No. 33188 (12/6/00) [2-pg. doc.]