§ 2-09 Variances.
RCNY § 2-09
(a)Policy. Any Department affected by these minimum standards may apply for a variance from a specific subdivision or Section of these standards when compliance cannot be achieved or continued. A "variance" is an exemption granted by the Board from full compliance with a particular subdivision or Section for a specified period of time.
(b)Variance prior to implementation date. A Department may apply to the Board for a variance prior to the implementation date of a particular subdivision or Section when: (1) 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 by the implementation date; or (2) compliance is to be achieved in a manner other than specified in the subdivision or Section.
(c)Variance application. An application for a variance must be made in writing to the Board by the Commissioner of the Department at least forty-five days prior to the implementation date and shall state: (1) the particular subdivision or Section at issue; (2) the efforts undertaken by the Department to achieve compliance by the implementation date; (3) the specific facts or reasons making full compliance by the implementation date impossible; (4) the specific plans, projections and timetables for achieving full compliance; (5) the specific plans for serving the purpose of the subdivision or Section for the period that strict compliance is not possible; and (6) the time period for which the variance is requested, provided that this shall be no more than six months.
(d)Variance procedure.
(1)Prior to a decision on a variance application, the Board shall consider the positions of all interested parties.
(2)In order to receive this input the Board shall publicize the variance application in its entirety in a manner reasonably calculated to reach all interested parties, including direct mail. This shall occur at least thirty days prior to the implementation date of the subdivision or Section.
(3)The Board shall hold a public meeting or hearing on the variance application and hear testimony from all interested parties at least twenty-one days prior to the implementation date.
(4)The Board's decision on a variance application shall be in writing and shall include the specific facts and reasons underlying the decision.
(5)The Board's decision shall be publicized in the manner provided by 40 RCNY § 2-09(d)(2) at least ten days prior to the implementation date.
(e)Granting of variance.
(f)Renewal of variance. An application for a renewal of a variance shall be treated in the same manner as an original application as provided in 40 RCNY §§ 2-09(b), 2-09(c), 2-09(d) and 2-09(e). The Board shall not grant renewal of a variance unless it finds that, in addition to the requirements for approving an original application, a good faith effort has been made to comply with the subdivision or Section within the previously prescribed time limitation.
(g)Emergency variance after implementation date. A Department may apply to the Board for a variance after the implementation date of a particular subdivision or Section when an emergency prevents continued compliance with the subdivision or Section.
(h)Emergency variance application.
(i)Granting of emergency variance.
