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What is NYC RCNY § 2-03?

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(a) An application for any variance from these rules shall be made directly to the Department using an application form prescribed by the department. Work involving a variance may not commence before the receipt of the department's approval of the application, which will be reviewed and processed within four weeks.

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§ 2-03 Variances.

RCNY § 2-03

(a)An application for any variance from these rules shall be made directly to the Department using an application form prescribed by the department. Work involving a variance may not commence before the receipt of the department's approval of the application, which will be reviewed and processed within four weeks.

(b)The variance application shall be prepared by a professional engineer or registered architect and submitted by the owner or authorized agent, and must submit the application with the following information: (1) Identification of those portions of the rules for which a variance is requested, providing each numbered section and subsection; (2) Explanations as to why the procedures required by the rules would cause unreasonable hardship; (3) A written proposal describing the alternative procedures the applicant will employ to satisfy the requirement as modified.

(c)The department will approve or deny the variance application to be filed on a form prescribed by the department, after considering several factors including whether the applicant has demonstrated undue hardship.

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