ECB Can't Enforce Fire Escape Violation

The Fire Department issued a violation notice to landlord for violating Fire Rule 11 by not maintaining the building's front fire escape. The ALJ fined landlord $225, and landlord appealed, claiming that Fire Rule 11 made no reference to fire escape maintenance and that the violation notice didn't say what law was being violated. ECB ruled for landlord. The Fire Department claimed that Section 53(8)(b) of the state's Multiple Dwelling Law (MDL) contains the requirements for fire escape maintenance and that the rules of the City of New York say that general maintenance requirements shall be enforced at ECB by citing Rule 11. The ECB ruled for landlord. Fire Rule 11 states it's a violation to ''fail to maintain designated areas in a clean condition'' as required by specified Administrative Code sections or other Fire Department regulations. This doesn't give the Fire Department the authority to enforce the state's MDL at an ECB proceeding.

City of New York v. Owner of 248 10th Ave.: ECB App. No. 21096 (4/26/95) [3-page document]