19 CRR-NY 1205.4NY-CRR
19 CRR-NY 1205.4
19 CRR-NY 1205.4
1205.4 Powers and duties.
(a) Each regional board of review shall have the power to vary or modify, in whole or in part, any provision or requirement of the Uniform Code in cases where strict compliance with such provision or requirement would entail practical difficulties or unnecessary hardship or would otherwise be unwarranted; provided, however, that any such variance or modification shall not substantially adversely affect provisions for health, safety, and security and that equally safe and proper alternatives may be prescribed. Each regional board of review shall also have the power to hear and decide appeals of any order or determination, or the failure within a reasonable time to make an order or determination, of an administrative official charged to enforce or purporting to enforce the Uniform Code.
(b) The board may vary or modify a provision or requirement of the Uniform Code where the party seeking the variance or modification has shown by the weight of the evidence that in the particular case before the board strict compliance with the particular provision or requirement:
(1) would create an excessive and unreasonable economic burden;
(2) would not achieve the code's intended objective;
(3) would inhibit achievement of some other important public policy;
(4) would be physically or legally impracticable;
(5) would be unnecessary in light of alternatives which ensure the achievement of the code's intended objective or in light of alternatives which, without a loss in the level of safety, achieve the code's intended objective more efficiently, effectively, or economically; or
(6) would entail a change so slight as to produce a negligible additional benefit consonant with the purposes of the code.
(c) In cases before a regional board of review on appeal, the board may fashion suitable remedies so as to do justice among the parties, including but not limited to:
(1) where an order or determination has been made, sustaining, reversing, or modifying, in whole or in part, such order or determination; and
(2) where an order or determination has not been made within a reasonable time, making any such order or determination or directing that any orders, determinations, permits, or authorizations be issued.
19 CRR-NY 1205.4
Current through October 31, 2021
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