2016 New York Laws
ENG - Energy
Article 11 - (Energy) STATE ENERGY CONSERVATION CONSTRUCTION CODE ACT
11-105 - Limitation of application.

 11-105. Limitation of application. Notwithstanding the provisions of
  subdivision  one  of  section  11-103  of  this  article, the state fire
  prevention and building code  council,  by  regulation,  may  limit  the
  application  of  any  portion  of  the  code so as to include or exclude
  classes or types of buildings, according to the use thereof or the  cost
  effectiveness  of  the  code  with  respect to any such class or type of
  building,  or  according  to  any  other   distinction   as   may   make
  differentiation  or  separate  classification  or  regulation necessary,
  proper or desirable, provided however,  that  such  limitation:  (1)  is
  consistent  with the purposes of this article and the criteria set forth
  in section 11-104  of  this  article,  (2)  does  not  render  the  code
  inconsistent  with the energy savings requirements of subdivision two of
  section 11-103 of this article, and (3) whether considered  individually
  or  collectively with other limitations, will not prevent the attainment
  of the compliance goals set forth in section 410(2)(c) of  the  American
  Recovery and Reinvestment Act of 2009.