Boiler Not Registered

LVT Number: 11922

DEP issued a violation notice to landlord for operating a boiler-burner without a registration. At a hearing, landlord submitted a registration application dated after the date of the violation notice. Landlord claimed she'd believed that registration for her particular boiler-burner was unnecessary. The ALJ ruled against landlord and fined her $525. Landlord appealed. ECB again ruled against landlord. Since landlord's equipment fired at a maximum rate of 462,000 BTU per hour, registration was required.

DEP issued a violation notice to landlord for operating a boiler-burner without a registration. At a hearing, landlord submitted a registration application dated after the date of the violation notice. Landlord claimed she'd believed that registration for her particular boiler-burner was unnecessary. The ALJ ruled against landlord and fined her $525. Landlord appealed. ECB again ruled against landlord. Since landlord's equipment fired at a maximum rate of 462,000 BTU per hour, registration was required. No reduction in penalty was warranted, since landlord filed the registration application after the hearing date.

Noel: ECB App. No. 25223 (4/30/97) [2-page document]

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