The NYC Building Code gives direction on which property should have fire sprinklers, standpipe, exit signs, smoke detects, alarms, etc. The NYC adapted the 1938, 1968 and the 2008 Code. Frequently the code did not apply retroactive to existing properties. This means that if your Certificate of Occupancy was issued in 1938 the newer rules don’t apply to you.
Grandfathering is an affirmative defense and the respondent must establish by a preponderance of the evidence that the equipment you claim is exempt from the new rules was there when the Certificate of Occupancy was issued to the property.
When you receive a Fire Department Violation, you need to fight for your rights and prove your defense. Many owners either don’t know the rules and others just find that fighting is more expensive than complying.
The City agencies can be very tough. For you legal eagles the case below is a classical case that shows how tough the City can be.
In this case the FDNY issued a violation for not having a standpipe roof connection. 825 West End Condo Assoc fought back arguing that the building C.O. predated the 1968 Code and the standpipe pre-dated the 1968 Code. The trial Judge did not agree.
Appeal No. 1500542 NYC v. 825 West End Condo Assoc August 27, 2015
825 West End Condo Assoc won on appeal
Superseding Appeal (Appealing the Appeal)
No. 1501277 NYC v. 825 West End Condo Assoc December 17, 2015
The FDNY appealed the appeal and 825 West End Condo Assoc lost. The appeal court said that the C.O. was not enough proof that the standpipe existed. Because the standpipe could have been installed at a later date. Decision was reversed. This was a kick in the pants.
The lesson: Old permits, plans, photos, reports are very valuable and should be carefully preserved. Agencies are being given more administrative powers and if you do not have all your documentation organized and orderly then an inspector walking in on your property can create havoc.