Boiler Accessible by Ladder

The DEP issued landlord a violation notice for not providing access to the boiler. The inspector couldn't get the boiler room door open with the keys provided by super, so super told the inspector that he could get to the boiler by climbing down an eight-rung ladder into the boiler-room pit. The inspector refused to use the ladder, and the ALJ fined landlord $220. Landlord appealed, arguing that he shouldn't be fined because the inspector wouldn't use the alternate access route to the boiler pit. The ECB upheld the fine. Landlord must provide a ''readily accessible'' method of inspecting the heating equipment, such as walking through a door. The entrance to the boiler pit by a ladder doesn't qualify as readily accessible.

City of New York v. Weintraub: ECB App. No. 20180 (8/10/94) [2-page document]