Super Didn't Have Certificate of Fitness for Handling Oil Burner

LVT Number: 11651

The Fire Department issued a violation notice to landlord for not getting a certificate of fitness for the person handling the oil burner at the building. Landlord objected. The ALJ ruled against landlord because the certificate of fitness presented at the hearing contained a different work address from the building's address. Landlord was fined $300. Landlord appealed, claiming that the building's super, who held the certificate of fitness, didn't have a chance to change his work address but had a valid license to operate the oil burner on the inspection date. ECB ruled against landlord.

The Fire Department issued a violation notice to landlord for not getting a certificate of fitness for the person handling the oil burner at the building. Landlord objected. The ALJ ruled against landlord because the certificate of fitness presented at the hearing contained a different work address from the building's address. Landlord was fined $300. Landlord appealed, claiming that the building's super, who held the certificate of fitness, didn't have a chance to change his work address but had a valid license to operate the oil burner on the inspection date. ECB ruled against landlord. Without more proof, landlord's statement that the super didn't have a chance to change his work address wasn't sufficient proof of a valid certificate of fitness.

250 Realty Assocs.: ECB App. No. 21797 (12/11/96) [2-page document]

Downloads

21797.pdf115.99 KB