Section 27-292.6. Waiver of requirements

(1) The commissioner may waive the
  requirements of this subarticle or of subdivision (d) of section  27-357
  of  this  code for the alteration of existing buildings, and for any new
  building for which a formal application together with plans required  by
  such  application  was  filed  with  an  agency  of the city or with the
  battery park city authority prior to September first,  nineteen  hundred
  eighty-seven, when such application was required by law or regulation to
  be  approved  by  such agency; 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:
    (a) would create an undue economic burden; or
    (b) would not achieve its intended objective; or
    (c) would be physically or legally impossible; or
    (d)  would  be  unnecessary  in light of alternatives which insure 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
    (e) would entail a  change  so  slight  as  to  produce  a  negligible
  additional benefit consonant with the purposes of this code.
    (2)  Each  application  for  a  waiver  under  subdivision one of this
  section shall be made to the commissioner in writing, setting forth each
  requirement sought to be waived  and  the  specific  reason  or  reasons
  therefor.   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.
    (3)  The  mayor's  office  for the handicapped or its successor agency
  shall be consulted by and shall advise the commissioner concerning  each
  application for a waiver under subdivision (1) of this section.