| New York State Building Standards and Codes John Addario PE, Director | ||
| January 29, 2025 | BUILDING NEW YORK E-BULLETIN | |
| NOTICE OF PROPOSED RULE MAKING Part 1205 Uniform Code: Variance and Appeals Procedures (19 NYCRR Part 1205) This proposed rule making would amend Part 1205 of Title 19 of the New York Codes, Rules and Regulations. The Department of State (‘the Department’) invites public participation in the rule making process. Proposed Amendments to Part 1205 The proposed rule would amend and update Part 1205. The changes would clarify the routine cases aspect of the variance procedures as follows: That the Department can determine as a routine case a request for a variance from a construction-permitting agency that is based on a substantially similar petition previously granted by the Department or one of the six Regional Boards of Review (Albany, Long Island, Hudson Valley, Syracuse, Rochester, and Buffalo); In determining whether a petition is substantially similar, the Department may consider any relevant factors including but not limited to the applicable code provisions, design criteria, and geographic location; and Require any construction-permitting agency that petitions the Department for relief for a routine case variance to provide a copy of the variance decision for the substantially similar petition previously granted by the Department or a Regional Board of Review and an explanation of how the proposed variance is comparable, including but not limited to the petitioner arranging for the review of the request by experts and consultants with qualifications comparable to independent design professionals, at the Department’s discretion. Click here for more information and the full rule text. NOTE: The proposed rule has not yet been adopted, and Part 1205 has not yet been amended in the manner described above. A Division of Department of State To cancel your subscription to this E-Bulletin, click here. | ||
