Landlord Didn't Register Boiler Before Installation

DEP issued a violation notice to landlord after its inspector saw an unregistered boiler and hot water heater at landlord's building. At a hearing held on Aug. 24, 2009, landlord showed a copy of an Application for Registration of the equipment dated Aug. 10, 2009. The application had not yet been filed, but landlord said he thought it was sufficient to show the application had been prepared. The ALJ dismissed the violation. DEP appealed and won. Building Code Section 24-109(b)(4) prohibits the installation of fuel-burning equipment without first registering the equipment with DEP. Landlord clearly was in violation of the code when the violation notice was issued. It didn't matter that landlord later prepared the form. ECB fined landlord $700.

Knott: ECB App. No. 1000213 (8/19/10) [3-pg. doc.]