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Violation library › Case analysis › 28-301.1
Inspector-description analysis · illustrative narrative

Boiler device inspection and filing: NYC DOB 28-301.1 / OATH summons 39150387K

Original enforcement allegation, not a proven case outcome. The quotation below is from an inspector-written description in a public-record dataset. Extracts may end mid-sentence. The inspection origin, complete supporting evidence, legal finding, and disposition have not been independently verified. Interpretive explanations below are explicitly analytical possibilities.
Law citation: 28-301.1OATH infraction: 254Summons: 39150387K

Original inspector allegation — verbatim available export

FOUND A LOCHINVAR BOILER#KBN400 GAS FIRED RATED AT 399000 TO BE INOPERABLE CORRECT ALL VIOLATING CONDITIONS AND SUBMIT CERT OF CORRECTIONS

Source limit: Source reference: NYC OATH/DOB summons 39150387K; BIN 1058352; export issue date 06/09/2025. The earlier export status was ACTIVE; obtain current status from DOB or OATH. The CSV contains a respondent mailing address, which is not presumed to identify the inspected property. This is the entire description available in the supplied export, not a certified full summons, inspector notes or evidentiary exhibits. The export field may still omit pages, attachments or context contained in the actual summons.

Get the complete, authentic notice: search summons 39150387K in OATH Summons Finder instructions (download actual summons) and download the actual summons; review DOB records in NYC DOB records search. Never substitute the editorial discussion below for the inspector’s words.

Charge classification: law controls; keywords do not

Recorded citation: 28-301.1; recorded infraction: 254. Primary legal issue: safe building maintenance. Interpretive issue: Owner maintenance obligation. AC 28-301.1 requires buildings, equipment, safeguards and means of egress to be kept safe and maintained. The physical condition, rather than whether a particular permit exists, is normally the central question.

What must be tested: The applicable underlying technical standard and the actual defective component determine a lawful repair. An assertion that the building is generally safe does not rebut a specific defect.

Possible exceptions and legal limitations: An exemption from cyclical façade reporting does not exempt a building from general safe-maintenance duties. Determine whether the special rule actually applies. Eligibility is not established merely because the excerpt uses a word such as “repair”, “permit”, “cellar”, or “occupied”. Refer to NYC DOB construction codes.

Specific conditions mentioned in this inspector wording

1. Boiler device inspection and filing

Investigative test: Determine whether the alleged defect is missing periodic inspection/report, a physical unsafe condition or unpermitted replacement; link the device identifier to the required inspection cycle.

Evidence matched to this issue: Boiler device/installation record, agency filing receipt, inspector qualification, report and any affirmation-of-correction documentation.

Boundary / potential counterexample: A physical tune-up invoice is not a filed annual boiler inspection report, and filing alone does not resolve a real hazard.

2. Earlier order and correction filing

Investigative test: Find the prior notice/order number and the deadline; compare the submitted COC, AEU decision and actual correction chronology.

Evidence matched to this issue: Earlier summons and any linked violation history; DOB AEU request status, submission receipt, accepted/disapproved notices and photographs of each corrected item.

Boundary / potential counterexample: Do not mistake a reference to work listed on the old summons for a fresh finding of the same hazardous condition.

Inspector wording mapped to testable facts

Passage 1 — FOUND A LOCHINVAR BOILER#KBN400 GAS FIRED RATED AT 399000 TO BE INOPERABLE CORRECT ALL VIOLATING CONDITIONS AND SUBMIT CERT O…

This recorded passage identifies a question about boiler device inspection and filing, not a proven final determination. Determine whether the alleged defect is missing periodic inspection/report, a physical unsafe condition or unpermitted replacement; link the device identifier to the required inspection cycle. A physical tune-up invoice is not a filed annual boiler inspection report, and filing alone does not resolve a real hazard.

Identifiers, locations, measurements and chronology to verify

No uniquely parseable earlier summons number, permit number, date, exposure or measurement is established by this excerpt. The full notice and building profile should supply the missing keys; do not invent them.

Case-specific correction decision tree

Branch A — defect remains: assess risk and protection immediately, then undertake an appropriate licensed/engineered repair. Branch B — already repaired: pair before/after photos with scope, inspection and test results that address the *specific* defect. Branch C — inspector misidentified the component: use an elevation/floor key and technical field report; do not rely on an unspecific clean-inspection assertion.

First targeted evidence collection: Boiler device/installation record, agency filing receipt, inspector qualification, report and any affirmation-of-correction documentation. This is an investigative request, not a claim that the work or evidence already exists.

Editorial closure of the shortened allegation — NOT source text

The visible description does not show the same clear character-limit truncation flag, but additional pages or attachments may still exist. No editorial sentence is treated as part of the inspector’s wording.

Response, certification and closing evidence

A hearing defense, correction of the underlying condition, a DOB AEU Certificate of Correction and payment of an imposed penalty are distinct questions. Retrieve the summons and confirm the OATH hearing or outcome and DOB violation status. Under current DOB guidance, Certificate of Correction review requests are made in DOB NOW: Safety → Violations & Notices of Deficiency; submitter/certifier signatures and evidence requirements are case-specific. Refer to Certificate of Correction instructions.

Source record limitations: The dataset does not authenticate who inspected the property, why inspection started, whether a defense succeeded, which contractor made repairs or whether AEU later accepted a correction. Do not turn this example into a claimed client success story or an invented inspection history.

Primary authority and fact-check links

Related library and official records

Official sources: Search DOB records · DOB summonses · Certificate of Correction FAQs · OATH hearing options · Construction codes

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