N.Y. Energy Law § 11-105: Limitation of application

§ 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.