DOB Issued Violation for Boiler That Was Removed Years Earlier

DOB issued a violation notice to landlord for failing to file a boiler inspection report. At a hearing, DOB claimed that the boiler report for boiler no. 66854 hadn't been filed since 2002. Landlord pointed out that the cited boiler was removed years before the violation date and was replaced by two gas boilers with less than 350,000 BTU for the residential portion of the building and HVAC rooftop units for the commercial space. Landlord had filed alteration applications with DOB in 2003 for this work. The ALJ ruled against landlord and fined it $500. Landlord appealed and won. Landlord proved that the cited boiler didn't exist on the date of the violation, so ECB revoked the fine.

205 Pacific Realty LLC: ECB App. No. 1701062 (12/14/17) [3-pg. doc.]