2006 New York Code - Variances.

 
    §   24-110  Variances.  (a)  The  commissioner  may  grant  individual
  variances, except  to  governmental  agencies,  beyond  the  limitations
  prescribed  by  this  code,  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 publish in the City Record no later  than  seven  days
  after the granting of such variance 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,  not
  to  exceed  six months, 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 make such periodic progress
  reports as the commissioner shall specify. Such variance may be extended
  for periods not to exceed  six  months  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 in the City Record. 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 in the City
  Record, 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
  requirement  of  this section, except for the publication requirement of
  subdivision (a). 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.  (e)  With  respect  to  a variance for the spraying of any
  substance containing asbestos in or upon a building or  other  structure
  during  its construction, alteration or repair the commissioner shall in
  determining undue  hardship  take  cognizance  that  such  construction,
  alteration or repair was commenced or a permit has been granted for same
  by  the  department  of  buildings  prior  to August twentieth, nineteen
  hundred seventy-one or six months thereafter  and  that  a  non-asbestos
  spray  material  has  not  been  approved  for fireproof purposes by the
  department of buildings.