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Back to Basics: Determinations and Waivers

Posted on March 2, 2017

Many complex projects require special consideration from the Department of Buildings (DOB) regarding various Code and Zoning topics. These requests are often referred to reconsiderations, pre-considerations, predeterminations, waivers, or variances – they are all considered determinations.

Determinations must be filed for a specific property-the DOB will not review a determination which is a general request and not building specific. Determination requests can be filed before a DOB application is filed, known as a predetermination, or after a DOB application is filed. Determinations can also be filed in response to a DOB Plan Examiner objection. Attachments such as plans, sketches, or other supporting documentation are often submitted with determination requests.

Zoning Resolution Determination (ZRD1) are filed with DOB for interpretations and clarifications of the Zoning Resolution. Any variances of the Zoning Resolution must be filed with the Board of Standards and Appeals (BSA).

A Construction Code Determination (CCD1) may be filed with DOB for interpretations, clarifications and variances of the Building Code, Rules, or Multiple Dwelling Law Sec. 277.16 (Article 7B conversions). Any variance requests must include an explanation of the practical difficulty or hardship in complying with the code and a description of the proposed equally safe alternative.

Accessibility waivers will not be issued by the DOB without approval from the Mayor’s Office for People with Disabilities (MOPD). Once MOPD grants an accessibility waiver it can be submitted to the DOB.

Contact us for more information about how Design 2147 can help you with determinations!

Disclaimer: The services provided by Design 2147, Ltd., its officers, managers, or employees are non-legal services. As such, the protection of the attorney-client relationship does not exist with respect to the services provided. The information contained in the above report is the opinion of the writer and his/her interpretation of the various NYC Construction Codes and Laws referenced therein. It is also based on information that you have provided. Although every effort was made to provide for a complete and thorough analysis, neither Design 2147, Ltd., nor any of its officers, managers or employees guarantees the accuracy of any information contained herein. Reliance upon the information contained herein is entirely at your own risk. As this opinion is only advisory, the final decision is the responsibility of the designated authority charged with the administration and enforcement of said codes.