§ 325. Review boards. 1. There may be in each county a review board,\nto consist of three members, who shall be appointed by the board of\nsupervisors of the county. One member shall be a registered architect or\na professional engineer. The term of office of each member of such a\nreview board shall be for three years, provided, however, that of the\nmembers first appointed in the case of any such board one shall be\nappointed for a term of one year, one for a term of two years, and one\nfor a term of three years. Such members shall receive no compensation\nunless the board of supervisors shall otherwise determine but each\nmember shall be entitled to his expenses actually and necessarily\nincurred by him in the performance of his duties. The board shall elect\nits chairman from among its own members. Two members of the board shall\nconstitute a quorum. The concurring vote of at least two members of the\nboard shall be necessary for action. Any member chosen to fill a vacancy\noccurring otherwise than by expiration of term shall be appointed for\nthe unexpired term of the member whom he is to succeed. The board of\nsupervisors shall have power to remove any member of the review board\nfor cause and after public hearing.\n 2. The board may appoint such employees as may be authorized by the\nboard of supervisors, and prescribe their duties.\n 3. Each county board shall have power within its county, except as\nstated to the contrary in subdivision eight of this section, and each\nlocal board of review, as provided in said subdivision eight, shall have\npower within its own applicable area:\n a. With respect to dwellings existing on the effective date of this\nchapter only, to vary or modify, in whole or in part, the application of\nany provision of this chapter or of any rule or regulation of the\ndepartment or commission, relating and limited to\n (1) secondary means of egress from dwellings,\n (2) fire retarding of public halls, stairs, and cellar ceilings,\n (3) requisite open spaces, and\n (4) requirements with respect to bulkheads and scuttles; provided,\nhowever, that in the instance of each such variance or modification, the\nbasic spirit and intent of the law are maintained and public health,\nsafety and welfare are preserved, and further provided that in\nconnection with any such variance or modification the board may\nprescribe alternative or substitute requirements where such requirements\nare appropriate or necessary to effectuate the basic purposes of this\nchapter. Any such variance or modification shall be granted only after\nsatisfactory proof, at a public hearing, of practical difficulties or\nunnecessary hardships to be encountered or caused by compliance with the\nstrict letter of such law, rule or regulation.\n b. To fix a reasonable time for the hearing of an application,\nrequiring that due notice be given of the time and place of such hearing\nto the applicant and to the department or to other persons affected. In\nevery case the board shall state the reason or reasons for its decision.\nA record of all orders, requirements and decisions of each such board,\nindexed according to the section or sections of this chapter affected\nthereby shall be kept in the office of the board, and such record shall\nbe open to public inspection at all times during normal business hours.\n c. To enter, or delegate to any employee or officer of such a board\npower to enter, any building or property for the purpose of conducting\ninvestigations, surveys, or inspections necessary to carry out the\nprovisions of this article.\n d. To adopt a seal and to alter the same at its pleasure, and to\nrequire that it be used for the authentication of orders and proceedings\nand for such other purposes as it may prescribe.\n e. To conduct examinations and investigations, administer oaths, hear\ntestimony and take proof, under oath, if the board should so determine,\nof any matter relevant or necessary to carry out the provis
‹ Prev All New York sections Next ›
Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.