1101.3.5 Waiver of requirements.
The commissioner may waive the requirements of this chapter for the alteration of existing buildings, provided, however, that such waiver would not significantly adversely affect provisions for health, safety and security and that equally safe and proper alternatives are prescribed and, further, that such waiver is based upon a specific finding that strict compliance with the requirement:
- Would create an undue economic burden;
- Would not achieve its intended objective;
- Would be physically or legally impossible;
- Would be unnecessary in light of alternatives which ensure the achievement of the intended objective or which, without a loss in the level of safety, achieve the intended objective more efficiently, effectively or economically; or
- Would entail a change so slight as to produce a negligible additional benefit consonant with the purposes of this chapter.
122.214.171.124 Application process.
Each application for a waiver shall be made to the commissioner in writing, setting forth each requirement sought to be waived and the specific reason or reasons therefore. 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.
1126.96.36.199 Waiver recommendation.
The Mayor's Office for People with Disabilities or its successor agency shall be consulted by and shall advise the commissioner concerning each application for a waiver under Section 1101.3.5.
Waiver submission process at MOPD
- The waiver submission must be mailed to: The Mayor’s Office for People with Disabilities, 100 Gold Street, 2nd Floor; NY, NY 10038 (we do not accept email, drop off, or fax submissions).
- Once the waiver is received, we typically review the request within 5 – 10 business days (business days do not include weekends or holidays).
- We will review the request and make a recommendation to DOB (to either accept or deny your request), or we may request additional information from the applicant.
- Once we make our recommendation to DOB:
- We will stamp the PEO-1 and the relevant drawings.
- We will email a copy of the PEO-1 form back to the applicant and copy the relevant DOB Borough Commissioner.
- We will also mail the original PEO-1 back to the applicant.
- It is your responsibility to follow through with DOB from this point.
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