N.Y. Comp. Codes R. & Regs. tit. 19 § 1205.3

Current through Register Vol. 46, No. 25, June 18, 2024

Section 1205.3 - Powers and duties

(a) Regional Board of Review.

(1) Variances. Each regional board of review shall have the power to vary or modify, in whole or in part, any provision or requirement of the Uniform Code in cases where strict compliance with such provision or requirement would entail practical difficulties or unnecessary hardship or would otherwise be unwarranted. Any such variance or modification shall not substantially adversely affect provisions for health, safety, and security; and equally safe and proper alternatives may be prescribed. When deciding whether to approve a variance or modification, the board of review shall have the authority to fashion suitable additional mitigating requirements as a condition to granting the variance or modification, so as to protect the building occupants from the hazards of fire and inadequate building construction. The party seeking the variance or modification shall show by the weight of the evidence that, in the particular case before the board of review, strict compliance with the particular provision or requirement:

(i) would create an excessive and unreasonable economic burden;

(ii) would not achieve the Uniform Code's intended objective;

(iii) would inhibit achievement of some other important public policy;

(iv) would be physically or legally impracticable;

(v) would be unnecessary either in light of alternatives which ensure the achievement of the Uniform Code's intended objective or in light of alternatives which, without a loss in the level of safety, achieve the Uniform Code's intended objective more efficiently, effectively, or economically; or

(vi) would entail a change so slight as to produce a negligible additional benefit consonant with the purposes of the Uniform Code.

(2) Appeals. Each regional board of review shall have the power to hear and decide appeals. An appeal may be of any order or determination, relating directly to the provisions of the Uniform Code, of an administrative official authorized to enforce the Uniform Code, or the failure of an administrative official to make such an order or determination within a reasonable amount of time. The board of review may fashion suitable remedies so as to do justice among the parties, including but not limited to:

(i) where an order or determination has been made, sustaining, reversing, or modifying, in whole or in part, such order or determination; and

(ii) where an order or determination has not been made within a reasonable time, making any such order or determination or directing that any orders, determinations, permits, or authorizations be issued.

(b) Department of State. The department shall have the sole discretion to determine whether a petition for a variance shall be a routine case, an alternative compliance case, or referred to a board of review. At the department's discretion, in making this determination the department may coordinate with the petitioner, the authority having jurisdiction, and any known interested parties.

(c) Secretary of State. The secretary shall have the power and authority to evaluate and make determinations on petitions for routine cases and alternative compliance cases, in accordance with section 1205.5 of this Part.

N.Y. Comp. Codes R. & Regs. Tit. 19 § 1205.3

Amended New York State Register June 28, 2023/Volume XLV, Issue 26, eff. 6/28/2023