Landlord Replaced Boiler Without Permit

LVT Number: #24423

DOB issued a violation notice to landlord for performing work without a permit after its inspector saw that a replacement boiler in the building had been installed without a work permit. Landlord claimed that the boiler was legally registered. The ALJ ruled against landlord and fined him $1,600. Landlord appealed and lost. Landlord now claimed that parts of the original boiler had been replaced, that this was repair work and that no permit was required. But Building Code Section 105.2 required a permit prior to any repair of a gas-fired boiler.

DOB issued a violation notice to landlord for performing work without a permit after its inspector saw that a replacement boiler in the building had been installed without a work permit. Landlord claimed that the boiler was legally registered. The ALJ ruled against landlord and fined him $1,600. Landlord appealed and lost. Landlord now claimed that parts of the original boiler had been replaced, that this was repair work and that no permit was required. But Building Code Section 105.2 required a permit prior to any repair of a gas-fired boiler. And because steam passed through the boiler header, replacement of this part affected health and the safe use and operation of the equipment. This wasn't ordinary repair work, and landlord didn't obtain the required permit.

Volpe: ECB App. No. 1200472 (9/27/12) [4-pg. doc.]

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