Gas Piping Didn't Run Through Trash Chute

LVT Number: #25914

DOB issued a violation notice to landlord for failing to maintain a building in a safe and code-compliant manner. DOB's inspector found that gas piping and other equipment was installed improperly in the boiler room where a garbage compactor was also located. Landlord claimed that the boiler was being converted from oil-burning to gas-burning and that the installation was now complete. DOB argued that this only made the condition worse because Fuel and Gas Code Section 404.1 prohibited the installation of gas piping near a trash chute.

DOB issued a violation notice to landlord for failing to maintain a building in a safe and code-compliant manner. DOB's inspector found that gas piping and other equipment was installed improperly in the boiler room where a garbage compactor was also located. Landlord claimed that the boiler was being converted from oil-burning to gas-burning and that the installation was now complete. DOB argued that this only made the condition worse because Fuel and Gas Code Section 404.1 prohibited the installation of gas piping near a trash chute. The ALJ ruled against landlord and fined it $500. Landlord appealed and won. Placing gas piping in proximity to a trash chute or compactor doesn't violate FGC Section 404.1. The code prohibits only the installation of gas piping "in or through" a trash chute. Although the condition may violate another section of the Building Code, it didn't violate the FGC section cited. The fine was revoked.

2194 Barnes Avenue LLC: ECB App. No. 1400976 (12/18/14) [3-pg. doc.]

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