logo CityLand
      • Home
      • About CityLand
      • CityLand Sponsors
      • Filings & Decisions
      • Commentary
      • Archive
      • Resources
      • CityLaw
      • Current Issue

    Resident Fined $475 for Blocked Sprinkler


    FDNY  •  Sprinkler system  •  Greenpoint, Brooklyn
    08/11/2016   •    Leave a Comment

    Loft-owner had a freestanding structure in their studio with a suspended ceiling that blocked access to sprinkler system. Marsha Pels owns a studio space at 99 Commercial Street in Greenpoint Brooklyn. In the middle of the studio the owner had a freestanding structure that contained a bed. On May 11, 2012, a fire department inspector observed that the freestanding structure had a suspended ceiling that was approximately 10 feet below the studio’s ceiling where sprinkler heads were installed. The FDNY issued a violation because the suspended ceiling would impede proper operation of the sprinklers in the event of fire.

    The owner argued that the studio was protected by the Loft Law, and that while the building was being brought up to code, the Loft Law exempted the building from the enforcement of any rule or law except for the issues of a vacate order. The FDNY argued that the suspended ceiling could allow fire to spread through the studio before the sprinkler alarms were activated.

    On appeal, the Environmental Control Board agreed with the FDNY. ECB ruled it was irrelevant that the Loft Law provided no prohibition of enforcement of the Fire Code since the suspended ceiling causing the violation was created by the owner independent of conditions that were in the process of being brought up to building code. ECB ruled that the owner was responsible for maintaining the studio up to Fire Code and imposed a penalty of $475. On appeal, the First Department agreed with ECB.

    Matter of Pels v. N.Y.C. Envtl. Control Bd., 29 N.Y.S.3d 164 (1st Dep’t Mar. 15, 2016) (Attorneys: Robert M. Petrucci, for Pels; Zachary W. Carter, Elizabeth SA. Natrella, for City)

    By: Brian Kaszuba (Brian is the CityLand Editor and New York Law School Graduate, Class of 2004).

    Share this:

    • Facebook
    • Twitter
    • Email
    Tags : Environmental Control Board, FDNY, Loft Law
    Category : FDNY

    Comment on this article

    Click here to cancel reply.

    Subscribe To Free Alerts

    In a Reader

    Desktop Reader Bloglines Google Live Netvibes Newsgator Yahoo! What's This?

    Follow Us on Social Media

    twitterfacebook

    Search

    Search by Category

      City Council
      CityLaw
      City Planning Commission
      Board of Standards & Appeals
      Landmarks Preservation Commission
      Economic Development Corporation
      Housing Preservation & Development
      Administrative Decisions
      Court Decisions
      Filings and Decisions
      CityLand Profiles

    Search by Date

    © 1997-2010 New York Law School | 185 West Broadway, New York, NY 10013 | 212.431.2100 | Privacy | Terms | Code of Conduct | DMCA | Policies
    loading Cancel
    Post was not sent - check your email addresses!
    Email check failed, please try again
    Sorry, your blog cannot share posts by email.