New York Consolidated Laws, Energy Law - ENG § 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.  1