New York Laws
Article 11 - State Energy Conservation Construction Code Act
11-106 - Variances and Modifications.

ยง 11-106. Variances and modifications. 1. Any standard or requirement
of the code may be varied or modified, in whole or part, with regard to
specific construction upon application made by or on behalf of an owner,
where strict compliance with such standard or requirement would entail
practical difficulty or cause any unnecessary hardship in relation to
such construction, provided, however, that any such variance or
modification shall provide for alternative energy conservation standards
or requirements to achieve to the extent practicable the purposes of
this article.

2. An application for a variance or modification of any standard or
requirement of the code shall be made to the secretary of state.