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STATE OF NEW YORK
DEPARTMENT OF STATE
41 STATE STREET
ALBANY, NY 12231-0001
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GOVERNOR
LORRAINE A. CORTES-VAzOlJEZ
SU}\/i'Ul.,Oj-<;rHE
ELIOT SPlrZER
In the Matter of the Petition of:
Nigel Williamson
For a Variance to the New York State
Uniform Fire Prevention and Building Code
DECISION
PETITION NO. 2007-0819
Upon the application of Nigel Williamson, filed pursuant to 19 NYCRR 1205 on March 05, 2007, and upon
all other papers in this matter, the Department makes the following determination:
NATURE OF GRIEVANCE AND RELIEF SOUGHT
The petition pertains to alterations and an addition to a one-family dwelling, one story in height, located at
950 Calves Neck Road, Town of Southold, County of Suffolk, State of New York.
The petitioner is seeking relief from:
19 NYCRR Part 1220, The Residential Code of New York State, Section 312.1.2, which requires that
there be a floor or landing on each side of each exterior door. [rhe petitioner requests requests an exterior
door that does not have a landing on the exterior side.]
FINDINGS OF FACT
1. There is an existing stair with three risers leading from the kitchen to the exterior which is in poor condition
and needs to be replaced.
2. The stair in question abuts a short wall that is adjacent to a garage door. The short wall is only wide enough
to accommodate two treads before obstructing the garage door.
3. It would be both physically and financially impractical to move the garage door.
4. The stair has been in this configuration since the dwelling was constructed, and the owners are accustomed
to their surroundings.
5. The exception to this Code section states that, ". . . where a stairway oftwo or fewer risers is located on the
exterior side of a door, other than the required exit door, a landing is not required for the exferior side of the
door." This is not the required door, but has three risers instead of two.
WWW.DOS.STATE.NY.US .. E-MAil: INfO@OOS.STATE.NY.US
Petition No. 2007-0819
Page 2
6. At the present time the door in question swings out over the stair. The petitioner has proposed to feverse
the door so that it swings in, which will be safer than the current condition.
7. The petitioner has proposed that the stair and alterations will meet all other applicable provis;o;1' '" the
Residential Code of New York State.
8. The local code enforcement official has been consulted in this matter and does not object to the ,,' 'lOting of
a routine variance under the provisions of 19 NYCRR 1205.
CONCLUSIONS OF LAW
Strict compliance with the provisions of the Uniform Fire Prevention and Building Code would prod' Ice a
negligible additional health, safety and security benefit to the occupants of the building.
DETERMINATION
WHEREFORE IT IS DETERMINED that the application for a variance from 19 NYCRR Part 12'!C'ection
R312.1.2, to permit to an exterior door to not have a landing on the exterior side, be and is hereby PROf'~ =D TO
BE GRANTED with the following conditions:
1. That the stair and alterations will meet all other applicable provisions of the Residential Code or ,\Ie!>, York
State.
2. That the door leading from the kitchen to the exterior be reversed so that it swings in.
This DECISION is issued under 19 NYCRR 1205.6. Unless obiected to bv the petitioner in a wri!Jn:}
received bv the Department. the decision shall become FINAL after fifteen davs of receipt of the decisiCJ1. 'he
parties.
This decision is limited to the specific building and application before it, as contained within the pelition, and
should not be interpreted to give implied approval of any general plans or specifications presented in SUP!h)" elf this
application.
DATE: frJI13l07
RAS:sg
NYS DEPARTMENT OF STATE
DIVISION OF CODE ENFORCEMENT AND ADMINISTRATION
Variance Attest List
Petition No: 2007-0819
The persons below are advised to TAKE NOTICE of the attached document. The attached
document pertains to a petition for relief related to code requirements. If there are any questions,
call (518) 474-4073 and ask for the Variance Unit. Please refer to the petition number in all
related conversations or correspondence with us.
MICHAEL VERITY
TOWN OF SOUTHOLD BLDG DEPT
53095 MAIN ROAD
PO BOX 1179
SOUTHOLD, NY 11971
MARY WANG
315 EAST 72ND STREET
APT 19E
NEW YORK, NY 10021
NIGEL ROBERT WILLIAMSON
NIGEL ROBERT WILLIAMSON ARCHITECT
PO BOX 1758
SOUTHOLD, NY 11971
04/26/2007
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