Flower Pot and Lights on Fire Escape Created Unsafe Condition

DOB issued violation notices to landlord when an inspector found a flower pot, lights, and other materials on building fire escapes. The violation was for failing to maintain an exterior building wall and "appurtenances" in a safe condition. Landlord argued that the condition didn’t violate Building Code Section 27-127, because the objects weren’t part of the physical structure or any appurtenance to the building. The ALJ ruled against landlord and fined landlord $2,800. Landlord appealed and lost. Code Section 27-127 requires that “all buildings and all parts thereof” be maintained in a safe condition. The unsecured flower pot and other materials found on landlord’s window sills and fire escapes were appurtenances that must be secured to the building. Otherwise they create a danger to the public. The code section wasn’t limited to a building’s structure, but includes items placed on the building and its parts. And DOB rules specifically include flower boxes as an appurtenance that can create an unsafe condition.

D&R Realty Corp.: ECB App. No. 42776 (2/26/09) [2-pg. doc.]