Opinion
February 22, 1994
Appeal from the Supreme Court, Kings County (William Garry, J.).
Determination of the respondent Industrial Board of Appeals dated October 31, 1990, which modified the orders of the petitioner Commissioner of Labor so as to grant variances to the remaining respondents under State Uniform Fire Prevention and Building Code (9 N.Y.CRR) § 792.1, unanimously confirmed, the petition denied and the proceeding brought pursuant to CPLR article 78 (transferred to the Appellate Division by order of the Supreme Court, Kings County [William Garry, J.], dated December 23, 1991) dismissed, without costs or disbursements.
Respondent Board properly exercised its jurisdiction to review the reasonableness of petitioner's orders denying variances to the respondents (Labor Law § 101; Matter of Roberts v Industrial Bd. of Appeals, 101 A.D.2d 674, lv denied 63 N.Y.2d 607). The record supports the conclusion that these respondents, although technically within the reach of 9 NYCRR 792.1 and 774.4 (a), a finding not contested by the Board, do not engage public assemblies of the extent and nature contemplated by the statute, and they have no compelling need for a water sprinkler system, especially considering the adequacy of the other safety systems in their establishments.
We have considered the remaining arguments and find them to be without merit.
Concur — Carro, J.P., Ellerin, Wallach, Kupferman and Nardelli, JJ.