G104.5 Suspension or revocation.

The commissioner is authorized to suspend or revoke a permit issued under this appendix wherever the permit is issued in error or on the basis of incorrect, inaccurate or incomplete information, or in violation of this code, in accordance with Section 28-105 of the Administrative Code.

G104.6 Reinstatement.

Permit reinstatements for a permit that has expired pursuant to Section G104.4 shall be requested in writing. The commissioner is authorized to grant such reinstatement, provided that the work shall comply with all of the requirements of this appendix, including any revised FEMA FIRMs 360497 in effect at the time the application for reinstatement is made, and provided further that the applicant shall pay all reinstatement fees as required in Article 112 of Title 28 of the Administrative Code.*

* Editor's note: As set forth in L.L. 2021/126; correct cite is Article 112 of Chapter 1 of Title 28 of the Administrative Code.

Section BC G105: Variances

G105.1 General.

The Board of Standards and Appeals shall hear and decide requests for variances from the requirements of this appendix. The Board of Standards and Appeals shall base its determination on technical justifications, and has the right to attach such conditions to variances as it deems necessary to further the purposes and objectives of this appendix.

   Exception: In specific cases, provided that noncompliance with the requirements of the 44 CFR section 60.3 is not created, the commissioner shall be authorized to vary the standards prescribed in this appendix under and pursuant to the provisions of Section 28-103.3 of the Administrative Code and Section 645(b)(2) of the New York City Charter, including but not limited to:

      1.   Increases to the number of plumbing fixtures on an existing non-dry floodproofed story located below DFE including to accommodate compliance with the New York City Plumbing Code or Chapter 11 of this code for accessibility for persons with disabilities, or both; and

      2.   Modifications to the egress provisions of ASCE 24, Section 6.2.2.

G105.2 Records.

The Board of Standards and Appeals shall:

   1.   Maintain a record of all variance actions, including justification for their issuance; and

   2.   Report such variances issued in its biennial report submitted to the Federal Emergency Management Agency (FEMA).