N.Y.C. Admin. Code § EBC D105: D105 Variation.

D105.1 By the department.

The provisions of this appendix shall be subject to the variation by the commissioner pursuant to the provisions of Section 28-103.3 of the Administrative Code and Section 645(b)(2) of the New York City Charter.

Exception. The commissioner shall not vary any provision of this appendix that would result in its being less stringent than an applicable provision of the MDL. Refer to Section D104.3.1 for the provisions of the MDL that are not applicable.

D105.2 By the Board of Standards and Appeals.

The provisions of this appendix shall be subject to variation by the Board of Standards and Appeals pursuant to Section 28-103.3 of the Administrative Code and Section 666(7) of the New York City Charter, provided that, where such variation would result in the application of requirements less stringent than any applicable provisions of the MDL, the Board of Standards and Appeals shall vary such provision of this appendix only to the extent that the BSA is also authorized to vary such application provision of the MDL pursuant to Section 310 of the MDL.