Section 24-110. Variances

(a)  The  commissioner  may  grant  individual
  variances, except  to  governmental  agencies,  beyond  the  limitations
  prescribed  by  this  code,  whenever  it is found, upon presentation of
  adequate proof, that compliance with any provision of this code, or with
  any regulation or order of the commissioner  in  respect  to  this  code
  would   impose   unreasonable  hardship.  In  granting  a  variance  the
  commissioner may impose such conditions as the policies of this code may
  require and shall publish in the City Record no later  than  seven  days
  after the granting of such variance a written opinion, stating the facts
  and reasons leading to his or her decision.
    (b) Any variance granted pursuant to this section shall be granted for
  such  period of time, not to exceed six months, as shall be specified by
  the commissioner at the time of the grant of such variance and upon  the
  condition  that  the  person  who receives such variance shall make such
  periodic progress  reports  as  the  commissioner  shall  specify.  Such
  variance  may  be  extended  for  periods  not  to  exceed six months by
  affirmative  action  of  the  commissioner,  but  only  if  satisfactory
  progress has been shown.
    (c) Any person seeking a variance shall do so by filing a petition for
  variance  in  a  form  acceptable  to the commissioner. The commissioner
  shall promptly give written notice of such petition to any person in the
  city who has in writing requested  notice  of  variance  petitions,  and
  shall  publish  notice  of  such  petition  in  the  City Record. If the
  commissioner, in his or her discretion, concludes that a  hearing  would
  be advisable, or if any person files a written objection to the grant of
  such  variance  within twenty-one days from the publication of notice in
  the City Record, then a public hearing shall be held.
    (d) The commissioner may grant individual or  group  variances  beyond
  the  sulfur  content  restriction  prescribed  by section 24-169 of this
  code, whenever it is found, upon presentation of  adequate  proof,  that
  the  supply of fuel oil is insufficient to meet the demands of residents
  of the city of New York for heat, hot water, and electrical power. Where
  an applicant can show that it has an insufficient reserve  of  fuel  oil
  meeting  the  sulfur  content  requirements  of this code and that it is
  unable to buy a sufficient amount of such fuel oil to meet its fuel  oil
  demands   during   the   pendency   of  its  variance  application,  the
  commissioner may grant a variance for  up  to  forty-five  days  without
  complying  with  the  procedural requirement of this section, except for
  the publication requirement of subdivision (a). During the time in which
  a temporary variance is running, the commissioner shall review, as  soon
  as  practicable, the application for a variance treating it as any other
  variance application.
    (e) With respect to a variance  for  the  spraying  of  any  substance
  containing  asbestos in or upon a building or other structure during its
  construction, alteration or repair the commissioner shall in determining
  undue hardship take cognizance that  such  construction,  alteration  or
  repair  was  commenced  or  a  permit  has  been granted for same by the
  department of buildings prior  to  August  twentieth,  nineteen  hundred
  seventy-one  or  six  months  thereafter  and  that a non-asbestos spray
  material has not been approved for fireproof purposes by the  department
  of buildings.