§ 1-06 Appeals Calendar (A)

§ 1-06.1 Subject Matter

The A calendar consists of the following types of applications:

1. Appeal of Agency Final Determination: (1) appeals of agency final determinations (including orders, requirements, and decisions) by the Department of Buildings, Fire Department, and Department of Transportation, including interpretations of the Zoning Resolution; and (2) appeals of final determinations by the Commissioner of the Department of Small Business Services (SBS), when made in relation to certain types of construction or land uses, including construction on waterfront property under the jurisdiction of SBS;


2. Waiver pursuant to the General City Law: (1) applications for a waiver to allow a permit for a building located within a mapped street, in response to an objection issued by the Department of Buildings pursuant to GCL § 35; and (2) applications for a waiver to allow a permit for a building which is either not located on a mapped street, or is located on a mapped street that does not provide access to such building, in response to an objection issued by the Department of Buildings pursuant to GCL § 36;


3. Modification pursuant to the Multiple Dwelling Law: applications to modify the requirements of the MDL, pursuant to the Board's authority set forth in MDL §§ 277 and §§ 310, in response to an objection issued by the Department of Buildings pursuant to the MDL;


4. Vested Rights: vested rights applications to allow for the renewal of building permits lawfully issued before the effective date of an amendment to the Zoning Resolution;


5. Modification or Revocation of a Certificate of Occupancy: applications filed by the Department of Buildings or the Fire Department to permit modification or revocation of a certificate of occupancy;


6. Amendment: applications to amend or extend the term of previous grants of any of the above appeals calendar applications; and


7. Other Waivers or Appeals: other requests to waive statutory non-compliance under the Board's authority, other appeals based on an objection from the Department of Buildings, or appeals of any other matter within the Board's jurisdiction not otherwise described by these Rules.

§ 1-06.2 A Form and BZY Form

All applications must be made on the A Form, except for vested rights applications pursuant to ZR § 11-31 et seq., which must be made on the BZY Form. Applications must be accompanied by all information required by such forms and related instructions.

§ 1-06.3 Filing Period

The application procedure is as follows:

1. Appeal of Agency Final Determination: Applications to appeal an agency final determination set forth at § 1-06.1(a) must be filed within thirty (30) days from the date of the determination. Such final determinations must be signed by the agency commissioner. However, in accordance with the provisions of Charter § 642 (Deputies) and § 645 (Offices of the Department; powers and duties), final determinations by the Department of Buildings may also be signed by the Deputy Commissioner or, acting under a written delegation of power from the Commissioner, any Borough Commissioner of the Department of Buildings.


2. Waivers pursuant to the General City Law or Modifications pursuant to the Multiple Dwelling Law: Applications to waive the requirements of GCL § 35 or GCL § 36 or to modify the requirements of the MDL must be filed within thirty (30) days of the date of issuance of the Department of Buildings objection(s).


3. Vested Rights: Statutory vested rights applications are subject to the filing requirements set forth in ZR § 11-31 et seq. Common law vested rights applications are not subject to the filing requirements set forth in ZR § 11-31 et seq.


4. Amendment: Applications to amend or extend the term of previous grants are subject to the filing period requirements set forth in § 1-07.3 of these Rules.


5. All Other Applications: All other applications on the appeals calendar not otherwise identified in subdivisions (a) through (d) of § 1-06.3 must follow the filing procedures set forth in § 1-06.3 (a), except that applications to modify or revoke a certificate of occupancy filed by the Department of Buildings or the Fire Department will not be subject to such filing deadlines.

§ 1-06.4 Application Referral

In accordance with § 1-10.6 of these Rules and within three (3) business days after filing the application with the Board, the applicant must forward a copy of all application materials to the required individuals and entities as follows:

1. Appeal of Agency Final Determination:
   1. Except as provided in paragraph (2) of this subdivision, applicants appealing agency final determinations must forward a copy of all application material to the administrative official who signed the determination which is the subject of the appeal. In addition, for applications that involve the interpretation of the Zoning Resolution, the applicant must forward all application material to the legal counsels of the Department of Buildings and the City Planning Commission.
      Any person or agency filing an appeal who is not the owner of the subject property must forward a copy of all application material to the owner of the subject property.
   
   
   2. For appeals involving facilities for manufacturing, handling, or storage of hazardous materials governed by the Fire Code sections listed in Appendix B, the applicant must forward a copy of all application material to:
      1. the affected community board(s) (and borough board, if applicable);
      2. the affected borough president;
      3. the affected city council member;
      4. the Commissioner of Buildings; and
      5. the Fire Commissioner.


2. Waiver pursuant to the General City Law: The applicant must forward a copy of all application material to the Department of Buildings, the affected community board(s) (and borough board, if applicable), and the affected borough president.
   
   In addition, upon the applicant's filing of an application pursuant to GCL § 35, the executive director will forward a copy of the application to the Department of Transportation, the Department of Environmental Protection, and the Fire Department for review. Upon the applicant's filing of an application pursuant to GCL § 36, the executive director will forward a copy of the application to the Fire Department for review.


3. Vested Rights: The applicant must forward a copy of all application material to the Department of Buildings, the affected community board(s) (and borough board, if applicable), the affected borough president, the affected city council member, and the City Planning Commission. Applications to renew building permits associated with vested rights applications previously granted by the Board are not subject to this requirement.


4. Modification or Revocation of a Certificate of Occupancy: The applicant must forward a copy of all application material to the owner of the subject property.


5. All Other Applications: All other applications on the A calendar not otherwise described in subdivisions (a) through (d) of § 1-06.4 must follow the application referral procedures set forth in § 1-06.4(a)(1) of these Rules.
   
   After forwarding all application material, the applicant must provide proof of service to the Board in accordance with § 1-10.7 of these Rules.

See Appendix A for a summary of all application referral requirements.

§ 1-06.5 Hearing Notice

After the examiners have determined that the application is substantially complete, the Board will provide the applicant with the hearing notice and related forms at least thirty (30) days before the first scheduled hearing date. In accordance with § 1-10.6, the applicant must forward a copy of the hearing notice and related forms at least twenty (20) days before the first scheduled hearing date, as follows:

1. Appeal of Agency Final Determination:
   1. Except as provided in paragraph (2) of this subdivision, the applicant must provide the hearing notice to the applicable administrative agency that signed the determination which is the subject of the appeal and, if applicable, the owner of the subject property.
   
   
   2. For appeals involving facilities for manufacturing, handling or storage of hazardous materials governed by the Fire Code sections listed in Appendix B, the applicant must forward a copy of the hearing notice and related forms to:
      1. the affected community board(s) (and borough board, if applicable);
      2. the affected borough president;
      3. the affected city council member;
      4. the Fire Department; and
      5. affected property owners as defined in § 1-02 of these Rules.
      The applicant must submit the hearing notice to affected property owners with instructions that if the property is a cooperative or condominium, all tenants should be notified in the manner customarily employed by the cooperative or condominium.
      
      If the subject property is occupied by multiple tenants, the applicant must submit the hearing notice to the owner or management office of the property with instructions to either post the hearing notice in the lobby of the property, or to notify all tenants and/or owners in the manner customarily employed by such owner or manager for giving notices to tenants or unit owners in the building in question. The applicant must also comply with the procedures set forth in §§ 1-05.7 and 1-05.8 of these Rules.


2. Waiver pursuant to the General City Law: The applicant must provide the hearing notice to the Department of Buildings, the affected community board(s) (and borough board, if applicable), and the affected borough president.


3. Vested Rights: The applicant must provide the hearing notice to the Department of Buildings, the affected community board(s) (and borough board, if applicable), the affected borough president, the affected council member, and the City Planning Commission. Applications to renew building permits associated with vested rights applications previously granted by the Board are not subject to this requirement.


4. All Other Applications: All other applications on the A calendar not otherwise described in § 1-06.5(a) through (c) must follow the notice procedures set forth in § 1-06.5(a)(1) of these Rules, except for applications for the modification or revocation of a certificate of occupancy.

After forwarding the hearing notice and forms to the proper entities, the applicant must provide proof of service to the Board in accordance with § 1-10.7 of these Rules.

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