N.Y. Energy Law § 11-106

§ 11-106. Variances and modifications. 1. Any standard or requirement\nof the code may be varied or modified, in whole or part, with regard to\nspecific construction upon application made by or on behalf of an owner,\nwhere strict compliance with such standard or requirement would entail\npractical difficulty or cause any unnecessary hardship in relation to\nsuch construction, provided, however, that any such variance or\nmodification shall provide for alternative energy conservation standards\nor requirements to achieve to the extent practicable the purposes of\nthis article.\n 2. An application for a variance or modification of any standard or\nrequirement of the code shall be made to the secretary of state.\n