Defective Fire Alarm System Set Off False Alarms

LVT Number: #24306

The Fire Department issued a violation notice to landlord for failing to maintain a fire alarm system, based on two unwarranted alarms during a three-month period caused by a defective condition in the system. Landlord corrected the violation, and the ALJ ordered a reduced fine of $200. Landlord appealed and lost. He claimed no penalty should be imposed because he immediately cured the violation. But the Fire Department had rejected landlord’s certificate of correction, so he failed to “cure” by the initial hearing date and wasn’t entitled to a zero penalty.

The Fire Department issued a violation notice to landlord for failing to maintain a fire alarm system, based on two unwarranted alarms during a three-month period caused by a defective condition in the system. Landlord corrected the violation, and the ALJ ordered a reduced fine of $200. Landlord appealed and lost. He claimed no penalty should be imposed because he immediately cured the violation. But the Fire Department had rejected landlord’s certificate of correction, so he failed to “cure” by the initial hearing date and wasn’t entitled to a zero penalty.

Iannuzzi: ECB App. No. 1200310 (7/26/12) [3-pg. doc.]

Downloads

ECB_App_No_1200310.pdf114.46 KB