DOB Fails to Prove Balcony Live Load Violation

DOB issued a violation notice to landlord for failing to provide safe occupancy of building balconies. DOB's inspector noted that the live load capacity of the balcony observed didn't comply with the minimum live load requirements for exterior balconies found in Building Code Section 27-557(a). Landlord argued that the violation notice was vague and didn't show any noncompliance with the law. Landlord's engineer testified that he examined a number of balconies at the building and found only a handful of them to be slightly overstressed. The engineer stated that these conditions didn't amount to a Class 1 immediately hazardous violation as long as no more than 20 or 30 people were allowed on the balconies, more than landlord had ever observed. The ALJ ruled against landlord, citing the engineer's own statement about the overstressed balconies. The ALJ found that the violation was immediately hazardous and fined landlord $1,600. Landlord appealed and won. DOB failed to prove that the live load capacity of the balcony was noncompliant. DOB submitted no proof showing what the live load requirements were or how landlord violated them.

436 West 23rd Street Tenants: ECB App. No. 1000630 (9/30/10) [4-pg. doc.]