Landlord Didn't Have to Remove Oil Burner Preheater

LVT Number: 11284

The Fire Department issued a violation notice to landlord for a repeat violation of Rule 26 by not removing an oil burner preheater which was no longer in use. The ALJ fined landlord $1,000, finding that the preheater had been disconnected but not removed. Landlord appealed and won. Fire Department Rule 26 required landlord to "provide/protect/maintain approved heating units/devices as required.'' The Rule didn't require removal of the preheater.

The Fire Department issued a violation notice to landlord for a repeat violation of Rule 26 by not removing an oil burner preheater which was no longer in use. The ALJ fined landlord $1,000, finding that the preheater had been disconnected but not removed. Landlord appealed and won. Fire Department Rule 26 required landlord to "provide/protect/maintain approved heating units/devices as required.'' The Rule didn't require removal of the preheater.

1490 Realty Assocs.: ECB App. No. 21788 (8/14/96) [2-page document]

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