N.Y. Energy Law § 11-105

§ 11-105. Limitation of application. Notwithstanding the provisions of\nsubdivision one of section 11-103 of this article, the state fire\nprevention and building code council, by regulation, may limit the\napplication of any portion of the code so as to include or exclude\nclasses or types of buildings, according to the use thereof or the cost\neffectiveness of the code with respect to any such class or type of\nbuilding, or according to any other distinction as may make\ndifferentiation or separate classification or regulation necessary,\nproper or desirable, provided however, that such limitation: (1) is\nconsistent with the purposes of this article and the criteria set forth\nin section 11-104 of this article, (2) does not render the code\ninconsistent with the energy savings requirements of subdivision two of\nsection 11-103 of this article, and (3) whether considered individually\nor collectively with other limitations, will not prevent the attainment\nof the compliance goals set forth in section 410(2)(c) of the American\nRecovery and Reinvestment Act of 2009.\n