New York Consolidated Laws, Energy Law - ENG § 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.