§ 3-13 Variances.
RCNY § 3-13
(a)Policy. Any Department may apply for a variance from a specific Section or Subdivision of these minimum standards when compliance cannot be achieved or continued. Continuing Variance. A "continuing variance" is an exemption granted by the Board from full compliance with a particular Section or Subdivision for an indefinite period of time. Emergency Variance. An "emergency variance" as defined in 40 RCNY § 3-13(c)(3) is an exemption granted by the Board from full compliance with a particular Section or Subdivision for no more than 30 days. Limited Variance. A "limited variance" is an exemption granted by the Board from full compliance with a particular Section or Subdivision for a specified period of time.
(b)Variances Prior to Effective Date. A Department may apply to the Board for a variance prior to the effective date of a particular Section or Subdivision when: (1) despite its best efforts and the best efforts of other New York City officials and agencies, full compliance with the Section or Subdivision cannot be achieved by the effective date; or (2) compliance is to be achieved in a manner other than specified in the Section or Subdivision.
(c)Limited, Continuing and Emergency Variances.
(1)A Department may apply to the Board for a limited variance when: (i) despite its best efforts, and the best efforts of other New York City officials and agencies, full compliance with the Section or Subdivision cannot be achieved; or (ii) compliance is to be achieved for a limited period in a manner other than specified in the Section or Subdivision.
(2)A 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 compliance cannot be achieved in the foreseeable future because: (i) full compliance with a Section or Subdivision creates extreme practical difficulties as a result of circumstances unique to the design of a particular facility, and lack of full compliance would not create a danger or undue hardship to staff or inmates; or (ii) compliance is to be achieved in an alternative manner sufficient to meet the intent of the Section or Subdivision.
(3)A Department may apply to the Board for an emergency variance when an emergency situation prevents continued compliance with the Section or Subdivision. An emergency variance for a period of less than 24 hours may be declared by a Department when an emergency situation prevents continued compliance with a particular Section or Subdivision. The Board or a designee shall be immediately notified of the emergency situation and the variance application.
(d)Variance Application.
(e)Variance procedure for limited and continuing variances.
(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.
(f)Granting of variance.
(g)Renewal of variance.
