Fulton, N.Y., Code of Ordinances ch. 475 § 475-65
Board of Appeals
Operative Text
A. Whenever the Bureau Chief shall reject or refuse to approve the mode or manner of construction proposed to be followed or material to be used in the erection or alteration of any building or structure or when it is claimed that the rules and regulations of the Bureau of Code Enforcement or the provisions of this chapter do not apply or that the Bureau Chief is unfair in his decision, the owner of such building or structure or his duly authorized agent may apply for an appeal from the decision or request a variance from the rules and regulations to the Board of Appeals. B. Variance/appeal applications shall be available from the Bureau of Code Enforcement. Once the application has been deemed complete and the application fee of $50 paid to the City of Fulton, the Bureau shall schedule a hearing before the Board at the next scheduled meeting. C. The Board of Appeals, before whom the aforementioned appeal shall be made, shall consist of five members appointed by the Mayor with approval of Common Council and shall be as follows: (1) A New York State registered architect. (2) A New York State registered engineer. (3) A general construction contractor. (4) An owner or manager of a multiple dwelling with the City of Fulton. (5) A resident of the City of Fulton who does not otherwise qualify under Subsection C(1) , (2) , (3) or (4) above. D. The appointment of Board members shall be for a period of five years. Such appointment shall first be made for a term of one, two, three, four and five years, respectively, so that the term of any one member will expire each year thereafter. E. The Board of Appeals shall have the power to vary or modify any provisions or requirements of this chapter of the Code of the City of Fulton where strict compliance with such provisions or requirements would entail practical difficulties or unnecessary hardship or would otherwise be unwarranted. The Board of Appeals shall ensure that any such variance or modification shall not substantially adversely affect provisions of health and safety and that equally safe and proper alternatives are provided.
Section 475-65 of Fulton, N.Y., Code of Ordinances ch. 475 establishes a Board of Appeals that hears challenges to decisions made by the Bureau Chief of Code Enforcement regarding construction methods, materials, or the application of local building rules. Property owners or their authorized agents may request either an appeal of a Bureau Chief decision or a variance from the applicable rules and regulations. The Board, a five-member body appointed by the Mayor with Common Council approval, has authority to modify or waive code requirements when strict compliance would create practical difficulties, unnecessary hardship, or unwarranted results, provided that health and safety standards are not substantially compromised.
Plain English — not legal advice.
Under § 475-65, property owners or managers who receive an unfavorable decision from the Bureau Chief—such as a rejection of proposed construction methods or materials—have a formal avenue to seek relief through the Board of Appeals. A compliant operator generally obtains a variance or appeal application from the Bureau of Code Enforcement, submits a complete application along with the $50 filing fee to the City of Fulton, and participates in the scheduled Board hearing. Notably, § 475-65(C)(4) specifically includes an owner or manager of a multiple dwelling within Fulton as one of the five Board member categories, reflecting the provision's intent to incorporate property management perspectives in the appeals process.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 475-65 is primarily directed at property owners and the Bureau of Code Enforcement, but tenants living in buildings subject to code enforcement decisions in Fulton may have an indirect interest in how this appeals process unfolds. When a building owner pursues a variance under § 475-65, the Board of Appeals is required to ensure that any modification does not substantially adversely affect health and safety provisions and that equally safe alternatives are provided—a standard that can bear on tenant living conditions. Tenants who have concerns about code enforcement decisions or variance outcomes in their building may wish to contact the City of Fulton's Bureau of Code Enforcement or consult a local tenant-rights organization to understand how § 475-65 proceedings might affect them.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated November 7, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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