Boiler Registration Not Required for Building

April 30, 2011

LVT Number: #23331

DOB issued a violation notice to landlord for failing to register a boiler. Landlord claimed that the building had only five apartments, so registration wasn't needed. The ALJ ruled against landlord and fined her $500. Landlord appealed and won. Building Code Section 28-301.1 requires all buildings and building parts to be maintained in a safe condition, and all service equipment to be kept in good working condition. Code Section 28-303.2 exempts from its testing and inspection requirements boilers that are listed in State Labor Law Section 205(5)(d).

DOB issued a violation notice to landlord for failing to register a boiler. Landlord claimed that the building had only five apartments, so registration wasn't needed. The ALJ ruled against landlord and fined her $500. Landlord appealed and won. Building Code Section 28-301.1 requires all buildings and building parts to be maintained in a safe condition, and all service equipment to be kept in good working condition. Code Section 28-303.2 exempts from its testing and inspection requirements boilers that are listed in State Labor Law Section 205(5)(d). This law exempts hot water boilers located in buildings occupied by fewer than six families.

Lennard: ECB App. No. 1000847 (3/24/11) [2-pg. doc.]

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