§ 1-15 Variances.
RCNY § 1-15
(a)Policy. The Department may apply for a variance from a specific subdivision or section of these minimum standards when compliance cannot be achieved or continued. A "limited variance" is an exemption granted by the Board from full compliance with a particular subdivision or section for a specified period of time. A "continuing variance" is an exemption granted by the Board from full compliance with a particular subdivision or section for an indefinite period of time. An "emergency variance" as defined in paragraph (b)(3) of this section is an exemption granted by the Board from full compliance with a particular subdivision or section for no more than 30 days.
(b)Limited, continuing and emergency variances.
(1)The Department may apply to the Board for a variance when: (i) despite its best efforts, and the best efforts of other New York City officials and agencies, full compliance with the subdivision or section cannot be achieved, or (ii) compliance is to be achieved for a limited period in a manner other than specified in the subdivision or section.
(2)The Department may apply to the Board for a continuing variance when despite its best efforts and the best efforts of other New York City officials and agencies compliance cannot be achieved in the foreseeable future because: (i) full compliance with a specific subdivision or section would create extreme practical difficulties as a result of circumstances unique to a particular facility, and lack of full compliance would not create a danger or undue hardship to staff or prisoners; or (ii) compliance is to be achieved in an alternative manner sufficient to meet the intent of the subdivision or section.
(3)The Department may apply to the Board for an emergency variance when an emergency situation prevents continued compliance with the subdivision or section. An emergency variance for a period of less than 24 hours may be declared by the Department when an emergency situation prevents continued compliance with a particular subdivision or section. The Board or its designee shall be immediately notified of the emergency situation and the variance declaration.
(c)Variance application.
(d)Variance procedure for limited and continuing variance.
(4)Interested parties shall be notified of the Board's decision as soon as practicable, and no later than 5 business days after the decision is made.
(e)Granting of variance.
(f)Renewal and review of variance.
