New York Laws
Article 11 - State Energy Conservation Construction Code Act
11-105 - Limitation of Application.

ยง 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.