Landlord's Sprinkler System Flow Test Was Untimely

The Fire Department issued a second violation notice to landlord for failing to conduct a five-year performance flow test of the building's residential sprinkler system in front of a Fire Department representative. Landlord claimed that he had scheduled the flow test but was sick on the test date. He rescheduled the test, which was conducted four months later. The ALJ ruled against landlord and fined it $1,500 after finding that landlord didn't perform the test before the first scheduled hearing date. Landlord appealed and lost. The fact that landlord may have had the flu on the initial test date was no defense. And, to have penalties reduced, landlord had to show proof of correction of the violation before the first scheduled hearing date. Landlord failed to do this.

USA Triple A, LLC: ECB App. No. 1401014 (12/18/14) [3-pg. doc.]