§ 24-110 Variances.
AC § 24-110
(a)The commissioner may grant individual variances whenever it is found, upon presentation of adequate proof, that compliance with any provision of this code, or with any regulation or order of the commissioner in respect to this code, would impose unreasonable hardship. In granting a variance the commissioner may impose such conditions as the policies of this code may require and shall post on the Internet, through a web portal that is linked to nyc.gov or any successor website maintained by or on behalf of the city of New York, no later than seven days after the granting of such variance, the variance and a written opinion, stating the facts and reasons leading to his or her decision.
(b)Any variance granted pursuant to this section shall be granted for such period of time as shall be specified by the commissioner at the time of the grant of such variance and upon the condition that the person who receives such variance shall provide such documentation as the commissioner shall specify, provided that such period of time shall extend to a date no later than January 1, 2030 for compliance with subdivision (d) of section 24-168 of this code. Such variance may be extended by affirmative action of the commissioner, but only if satisfactory progress has been shown.
(c)Any person seeking a variance shall do so by filing a petition for variance in a form acceptable to the commissioner. The commissioner shall promptly give written notice of such petition to any person in the city who has in writing requested notice of variance petitions, and shall publish notice of such petition for a variance on the Internet, through a web portal that is linked to nyc.gov or any successor website maintained by or on behalf of the city of New York. If the commissioner, in his or her discretion, concludes that a hearing would be advisable, or if any person files a written objection to the grant of such variance within twenty-one days from the publication of notice as described in this subdivision, then a public hearing shall be held.
(d)The commissioner may grant individual or group variances beyond the sulfur content restriction prescribed by section 24-169 of this code, whenever it is found, upon presentation of adequate proof, that the supply of fuel oil is insufficient to meet the demands of residents of the city of New York for heat, hot water, and electrical power. Where an applicant can show that it has an insufficient reserve of fuel oil meeting the sulfur content requirements of this code and that it is unable to buy a sufficient amount of such fuel oil to meet its fuel oil demands during the pendency of its variance application, the commissioner may grant a variance for up to forty-five days without complying with the procedural requirements of this section, except for the requirement of subdivision (a) to post a written opinion. During the time in which a temporary variance is running, the commissioner shall review, as soon as practicable, the application for a variance treating it as any other variance application. (Am. L.L. 2015/038, 5/6/2015, eff. 5/6/2016; Am. L.L. 2023/032, 3/6/2023, eff. 3/6/2023) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2023/032.
