N.Y. Comp. Codes R. & Regs. tit. 10 § 17.12

Current through Register Vol. 46, No. 45, November 2, 2024

Section 17.12 - Variance; compliance schedule

(a) The permit-issuing official may, on written application and after review, grant a variance from a specific provision of this Part in a specific case subject to appropriate conditions which shall include a time schedule for compliance, where such variance is in harmony with the general purpose and intent of this Part, and where there are practical difficulties or unnecessary hardship in carrying out the strict letter of the provision.

(1) A time schedule for compliance shall not exceed a total of three years.

(2) A variance shall not be issued for more than one calendar year.

(3) If the time schedule for compliance exceeds one calendar year the permit- issuing official may reissue the variance on an annual basis, for not more than three years, if he determines the park is operating in compliance with all other requirements of this Part and the operator is complying with the established time schedule.

(b) A copy of every variance and time schedule for compliance shall be submitted to the State Commissioner of Health at the time of issuance.

N.Y. Comp. Codes R. & Regs. Tit. 10 § 17.12