In the Matter of the Petition of: Syracuse 727 LLC, QPK Design, Hueber-Breuer

This case involved an administrative proceeding and appeal/request for a variance before the NYS Department of State, for a high-rise student housing complex in Syracuse NY, where Rosenberg & Estis, P.C. secured a variance to permit the client to obtain the required certificate of occupancy (“C/O”) for new construction in the face of opposition from individual officials within both the City of Syracuse’s Division of Code Enforcement, as well as the NYS DOS, Division of Building Standards and Codes. The application required R&E to present its case through presentation of expert testimony relating to the use of a new “assembly” on the exterior of the building, as well as evidence presented through the architectural and construction firms that worked on the project. R&E was required to demonstrate not only that a variance was appropriate, but that the interpretation by various members of the City’s Code Enforcement and NYS DOS regarding the applicable Code provisions of the International Building Code and International Fire Code (and the NYS Fire Code) was incorrect. The client was Syracuse 727, LLC, a developer whose application for a C/O was denied on several grounds before they retained R&E to represent them. Prior to retaining R&E, the client was incurring charges for a “fire watch,” required by the City of Syracuse, a cost of up to $10,000/day. R&E was successful in ending the charges and obtaining a permanent C/O.