Building Missing Fire Alarm and Signal System

August 31, 1995

LVT Number: 9951

Criminal charges were brought against landlord for not providing a fire alarm communication system in his building. Landlord asked the court to dismiss the case without a trial. Landlord claimed the building was a Class B multiple dwelling that didn't require this type of fire alarm system. The court ruled against landlord. The building was a former YMCA that contained 150 sleeping rooms. In 1987 this type of accommodation was reclassified as occupancy group J-1. Under the building code, J-1 buildings required a fire alarm and signal system.

Criminal charges were brought against landlord for not providing a fire alarm communication system in his building. Landlord asked the court to dismiss the case without a trial. Landlord claimed the building was a Class B multiple dwelling that didn't require this type of fire alarm system. The court ruled against landlord. The building was a former YMCA that contained 150 sleeping rooms. In 1987 this type of accommodation was reclassified as occupancy group J-1. Under the building code, J-1 buildings required a fire alarm and signal system. Landlord bought the building from the City of New York sometime after 1987. The court noted that landlord may have a defense if the city represented to landlord that the building complied with the code when it sold the building.

People v. Wallace: NYLJ, p. 22, col. 2 (8/23/95) (Crim. Ct. NY; Elkins, J)

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