Section 666. Jurisdiction  


Latest version.
  • The board shall have power:
        1.  To  make, amend and repeal rules and regulations for carrying into
      effect the provisions of the laws, resolutions, rules and regulations in
      respect to any subject-matter jurisdiction whereof is conferred  by  law
      upon  the board, and to include in such rules and regulations provisions
      applying to specific conditions and prescribing  means  and  methods  of
      practice  to effectuate such provisions and for carrying into effect the
      powers of the board.
        2. To make, amend and repeal rules and regulations for the enforcement
      of those provisions of the labor law and other laws which relate to  the
      construction  or  alteration  of,  structural  changes  in, plumbing and
      drainage of, elevators in, fire escapes on, adequacy and means  of  exit
      from,  or fire protection in, all buildings within the city, which shall
      take the place of the industrial code and of any rules  and  regulations
      of the department of labor of the state of New York relating to the same
      subject-matter.
        3.  To  make,  amend  and  repeal  rules,  regulations  and directives
      governing the preparation and presentation by the  director  of  matters
      before the board.
        4.  To  exercise exclusively with respect to buildings situated within
      the city, the same powers as are exercised by the department of labor of
      the state of New York elsewhere in the state.
        5. To determine and vary the application of the zoning  resolution  as
      may  be  provided in such resolution and pursuant to section six hundred
      sixty-eight.
        6. To hear and decide appeals from and review,
        (a) except as otherwise  provided  by  law,  any  order,  requirement,
      decision  or  determination  of  the  commissioner  of buildings or of a
      deputy commissioner  of  buildings  or  any  borough  superintendent  of
      buildings   acting   under  a  written  delegation  of  power  from  the
      commissioner of buildings filed in accordance  with  the  provisions  of
      section  six hundred forty-two or section six hundred forty-five of this
      charter, or
        (b) any order, requirement, decision  or  determination  of  the  fire
      commissioner  or  any  rule or regulation or amendment or repeal thereof
      made by the fire commissioner, or
        (c)  any  order,  requirement,  decision  or  determination   of   the
      commissioner  of  transportation  or the commissioner of ports and trade
      made in relation to the structures or uses on water front property under
      his  or  her  jurisdiction  in  connection  with  the   application   or
      enforcement  of  the  provisions of the zoning resolution of the city of
      New York, the labor law and such other laws, rules  and  regulations  as
      may  govern  the  construction, alteration, maintenance, use, occupancy,
      safety, sanitary conditions,  mechanical  equipment  and  inspection  of
      structures  in the city, under the authority conferred upon them by law,
      by reversing or affirming in whole or in part, or modifying  the  order,
      regulation,  decision  or  determination appealed from, and to make such
      order, requirement, decision or determination as in its opinion ought to
      be made in the premises, and to that end shall have  the  power  of  the
      officer  from whose ruling the appeal is taken, and of any officer under
      whose written delegation of power such ruling was made.
        7. In passing upon appeals, to vary or modify any rule  or  regulation
      or  the  provisions  of  any  law  relating  to  the  construction, use,
      structural changes, equipment, alteration or  removal  of  buildings  or
      structures,  or vaults in sidewalks appurtenant thereto, where there are
      practical difficulties or unnecessary hardship in the  way  of  carrying
      out the strict letter of the law, so that the spirit of the law shall be
      observed,  public  safety secured and substantial justice done, provided
    
      that  the  provisions  of  the  housing  maintenance  code  and  of  any
      regulation  or  order  issued  under such code may be varied or modified
      only to the extent permitted by such code and only  in  the  manner  and
      subject to the conditions therein specified.
        8.  To  review,  upon  motion  of  any  member of the board, any rule,
      regulation, amendment or repeal thereof,  and  any  order,  requirement,
      decision or determination from which an appeal may be taken to the board
      under  the  provisions  of  this  chapter or of any law, or of any rule,
      regulation or decision of the board; but no such review shall  prejudice
      the  rights  of any person who has in good faith acted thereon before it
      is reversed or modified. The provisions  of  this  chapter  relating  to
      appeals to the board shall be applicable to such review.
        9. To afford an equal right to the city planning commission, community
      boards,  and borough boards and lessees and tenants as well as owners to
      appear before it for the purpose of proposing  arguments  or  submitting
      evidence  in  respect  of  any  matter brought before it pursuant to the
      zoning resolution of the city of New York.
        10. To issue such special permits as the board is authorized to  issue
      under the zoning resolution.
        11.  To  revoke  or modify, upon due notice and hearing, variances and
      special permits previously granted under the zoning  resolution  if  the
      terms and conditions of such grants have been violated.