N.Y. Energy Law § 8-105

§ 8-105. Limitation of application. Notwithstanding the provisions of\nsubdivision one of section 8-103 of this article, the commissioner may\nlimit by regulation the application of any standards so as to include or\nexclude classes or types of buildings, according to the use thereof, or\naccording to any other distinction as may make differentiation of\nseparate classification or regulation necessary, proper or desirable, so\nlong as such limitations of the application of the standards are\nconsistent with the purposes of this article, as set forth in section\n8-101 of this article, and the criteria set forth in section 8-104 of\nthis article.\n