Landlord Didn't Fireproof Boiler Room Ceiling

August 31, 2009

LVT Number: #22140

The Fire Department issued a violation notice to landlord for failing to protect the ceilings of a building's boiler room and fuel oil tank enclosure with fire retardant material. Landlord claimed that he bought the building thinking it was a two-family house and that the fireproofing requirements didn't apply. Landlord later learned that the building was classified as a multiple dwelling. Since it was too expensive to legalize the building, landlord decided to add the fire retardant material. But this work hadn't been completed by the hearing date before the ALJ.

The Fire Department issued a violation notice to landlord for failing to protect the ceilings of a building's boiler room and fuel oil tank enclosure with fire retardant material. Landlord claimed that he bought the building thinking it was a two-family house and that the fireproofing requirements didn't apply. Landlord later learned that the building was classified as a multiple dwelling. Since it was too expensive to legalize the building, landlord decided to add the fire retardant material. But this work hadn't been completed by the hearing date before the ALJ. The ALJ ruled against landlord and fined him $750. Landlord appealed and lost. Landlord admitted that the building was classified as a multiple dwelling at the time of the violation. So the building wasn't exempt from Fire Department rules and the penalty was proper.

Morris: ECB App. No. 47543 (5/7/09) [2-pg. doc.]

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