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ยง1-01 Construction and Scope of Rules; Variance

  1. Construction.
    These Rules shall be construed as follows:
    1. any term in the singular includes the plural;
    2. any term in the masculine includes the feminine and neuter;
    3. any rule or regulation relating to any act covers: the causing, procuring, aiding or abetting, directly or indirectly, of that act; and allowing a minor child to do that act;
    4. no provision herein shall make unlawful any act necessarily performed by any officer or employee of the Department in the line of duty or work, or by any person, his or her agents or employees, in the proper and necessary execution of the terms of any agreement with the Department;
    5. these Rules are in addition to and supplement all municipal, state and federal laws and ordinances.
  2. Territorial Scope.
    The Rules shall be effective within and upon all areas under the jurisdiction of the Commissioner, as defined in Chapter 21 of the New York City Charter.
  3. Variance.
    Any act or activity prohibited solely by these Rules shall be lawful if performed in strict compliance with the terms and conditions of a variance issued by the Department. The Department may issue a variance where there are significant practical difficulties, or unnecessary hardships, not created or caused by the applicant, in the way of carrying out the Rules, or where the beauty and utility of property within the jurisdiction of the Department would be preserved by compliance with the terms and conditions of such variance.

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