2006 New York Code - Waivers.

 
    §  27-922.4 Waivers. a. The commissioner may waive the requirements of
  this  article  for  the  alteration  of  existing  buildings;  provided,
  however,  that  such waiver is based upon a specific finding that strict
  compliance with these requirements:
    (1) would create an undue economic burden; or
    (2) would not achieve its intended objective; or
    (3) would be physically or legally impossible; or
    (4) would be unnecessary in light of  alternatives  which  insure  the
  achievement  of  the  intended  objective  or which achieve the intended
  objective more efficiently, effectively or economically; or
    (5) would entail a  change  so  slight  as  to  produce  a  negligible
  additional benefit consonant with the purposes of this article.
    b.  Each  application for a waiver under subdivision a of this section
  shall be made  to  the  commissioner  in  writing,  setting  forth  each
  requirement  sought  to  be  waived  and  the specific reason or reasons
  therefor.  The  commissioner  shall  determine,   under   all   of   the
  circumstances  presented by such application, which of such requirements
  may  appropriately  be  waived.  The  commissioner  shall  render   such
  determination  in  a  writing  which  shall  set  forth  in  detail  the
  commissioner's findings and conclusions with respect to each requirement
  sought to be waived. A copy  of  such  written  determination  shall  be
  forwarded  to  the  applicant. Such written determination shall be filed
  with the department and shall be available for public inspection.