Sprinkler System Removed

LVT Number: 8878

The Fire Department issued a violation notice to landlord for not testing the sprinkler system. Landlord asked the ALJ to dismiss the violation because he'd removed the sprinkler system before getting the violation notice. The ALJ fined landlord $800. Landlord had removed the sprinkler system during a renovation project, but never got a DOB permit for its removal. Landlord appealed, and the ECB dismissed the violation. Landlord couldn't test a system that didn't exist when the DOB issued the violation notice.

The Fire Department issued a violation notice to landlord for not testing the sprinkler system. Landlord asked the ALJ to dismiss the violation because he'd removed the sprinkler system before getting the violation notice. The ALJ fined landlord $800. Landlord had removed the sprinkler system during a renovation project, but never got a DOB permit for its removal. Landlord appealed, and the ECB dismissed the violation. Landlord couldn't test a system that didn't exist when the DOB issued the violation notice. And, since landlord subsequently got a DOB permit for the removal, landlord had cured the permit problem.

City of New York v. Carey: ECB App. No. 15534 (12/15/93) [2-page document]

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