101.4.6 Statutory Exemptions and Limitations

The provisions of sections 101.4.1, 101.4.2, 101.4.4, 101.4.5 and 101.4.6, of this code are subject to any provisions of Article 11 of the New York State Energy Law, as in effect at the time of adoption of this code and as thereafter amended from time to time, which may (1) require certain buildings to be exempt from this code or (2) limit the applicability of this code in the case of renovations of existing buildings. If the provisions of Article 11 of the New York State Energy Law, as in effect at the time of any alteration, renovation or repair to an existing building, require that such building be exempt from this code, then such alteration, renovation or repair to such building need not comply with this code. If the provisions of Article 11 of the New York State Energy Law, as in effect at the time of any alteration, renovation or repair to an existing building, limit the applicability of this code to such alteration, renovation or repair, then the applicability of this code to such alteration, renovation or repair shall be limited to the extent required by the provisions of Article 11 of the New York State Energy Law, as then in effect.

Example: New York State Energy Law section 11-103(b), as in effect at the time of adoption of this code, provides that in the case of the renovation of an existing building, this code (1) shall apply only if the renovation is a "substantial renovation" (i.e., only if more than fifty percent of any "building subsystem" is replaced), and (2) shall apply only to that portion of the "building subsystem" which is being replaced. If New York State Energy Law section 11-103(b) remains in effect at the time of any alteration, renovation or repair to an existing building, the applicability of this code to such alteration, renovation or repair shall be limited to the extent required by said section 11-103(b).