Super Fined for Not Maintaining Fire Protection Systems

The Fire Department issued violation notices to a condominium building super for failing to provide or maintain required fire protection systems and for failure to conduct required inspection and testing. The super claimed that she was an improper party since she didn't own or manage the building. She also showed that a flow test had been scheduled. The ALJ ruled for the super and dismissed the violation, finding that she wasn't a proper party. The Fire Department appealed and won. Fire Code Section 202 defines an "owner" to include "any other person. . .directly or indirectly in control of real property." This definition covered the building super, whom the condominium secretary had identified as the building's caretaker. And by filing a certificate of correction for a prior violation, the super had admitted that she was responsible for failing to arrange for a test of the residential sprinkler system. So the super was a proper party, and was fined $1,700.

Zhong: ECB App. No. 1300115 (4/25/13) [3-pg. doc.]