2006 New York Code - Jurisdiction.

 
    § 666.  Jurisdiction.  The board shall have power:
    1.   To make, amend and repeal rules and regulations for carrying into
  effect the provisions of the laws, resolutions, rules and regulations in
  respect to any subject-matter jurisdiction whereof is conferred  by  law
  upon  the board, and to include in such rules and regulations provisions
  applying to specific conditions and prescribing  means  and  methods  of
  practice  to effectuate such provisions and for carrying into effect the
  powers of the board.
    2.    To  make,  amend  and  repeal  rules  and  regulations  for  the
  enforcement  of  those  provisions of the labor law and other laws which
  relate to the construction or  alteration  of,  structural  changes  in,
  plumbing  and  drainage  of, elevators in, fire escapes on, adequacy and
  means of exit from, or   fire protection in, all  buildings  within  the
  city, which shall take the place of the industrial code and of any rules
  and  regulations  of  the  department  of labor of the state of New York
  relating to the same subject-matter.
    3.   To make, amend  and  repeal  rules,  regulations  and  directives
  governing  the  preparation  and presentation by the director of matters
  before the board.
    4.  To exercise exclusively with respect to buildings situated  within
  the city, the same powers as are exercised by the department of labor of
  the state of New York elsewhere in the state.
    5.   To determine and vary the application of the zoning resolution as
  may be provided in such resolution and pursuant to section  six  hundred
  sixty-eight.
    6.  To hear and decide appeals from and review,
    (a)  except  as  otherwise  provided  by  law, any order, requirement,
  decision or determination  of  the  commissioner  of  buildings  or  any
  borough superintendent of buildings acting under a written delegation of
  power  from  the  commissioner of buildings filed in accordance with the
  provisions of subdivision (b) of section six hundred  forty-five,  or  a
  not-for-profit  corporation  acting  on  behalf  of  the  department  of
  buildings pursuant to section 27-228.6 of the code, or
    (b) any order, requirement, decision  or  determination  of  the  fire
  commissioner  or  any  rule or regulation or amendment or repeal thereof
  made by the fire commissioner, or
    (c)  any  order,  requirement,  decision  or  determination   of   the
  commissioner  of  transportation  or the commissioner of ports and trade
  made in relation to the structures or uses on water front property under
  his  or  her  jurisdiction  in  connection  with  the   application   or
  enforcement  of  the  provisions of the zoning resolution of the city of
  New York, the labor law and such other laws, rules  and  regulations  as
  may  govern  the  construction, alteration, maintenance, use, occupancy,
  safety, sanitary conditions,  mechanical  equipment  and  inspection  of
  structures  in the city, under the authority conferred upon them by law,
  by reversing or affirming in whole or in part, or modifying  the  order,
  regulation,  decision  or  determination appealed from, and to make such
  order, requirement, decision or determination as in its opinion ought to
  be made in the premises, and to that end shall have  the  power  of  the
  officer  from whose ruling the appeal is taken, and of any officer under
  whose written delegation of power such ruling was made.
    7.  In passing upon appeals, to vary or modify any rule or  regulation
  or  the  provisions  of  any  law  relating  to  the  construction, use,
  structural changes, equipment, alteration or  removal  of  buildings  or
  structures,  or vaults in sidewalks appurtenant thereto, where there are
  practical difficulties or unnecessary hardship in the  way  of  carrying
  out the strict letter of the law, so that the spirit of the law shall be
  observed,  public  safety secured and substantial justice done, provided


  that  the  provisions  of  the  housing  maintenance  code  and  of  any
  regulation  or  order  issued  under such code may be varied or modified
  only to the extent permitted by such code and only  in  the  manner  and
  subject to the conditions therein specified.
    8.    To  review,  upon  motion  of any member of the board, any rule,
  regulation, amendment or repeal thereof,  and  any  order,  requirement,
  decision or determination from which an appeal may be taken to the board
  under  the  provisions  of  this  chapter or of any law, or of any rule,
  regulation or decision of the board; but no such review shall  prejudice
  the  rights  of any person who has in good faith acted thereon before it
  is reversed or modified.   The provisions of this  chapter  relating  to
  appeals to the board shall be applicable to such review.
    9.    To  afford  an  equal  right  to  the  city planning commission,
  community boards, and borough boards and lessees and tenants as well  as
  owners  to  appear  before  it for the purpose of proposing arguments or
  submitting evidence in respect of any matter brought before it  pursuant
  to the zoning resolution of the city of New York.
    10.  To issue such special permits as the board is authorized to issue
  under the zoning resolution.
    11.  To  revoke  or modify, upon due notice and hearing, variances and
  special permits previously granted under the zoning  resolution  if  the
  terms and conditions of such grants have been violated.