N.Y. PBB Law § 82

§ 82. Applicability. This article shall apply to the construction of\nnew buildings and the substantial renovation of existing buildings,\nexcept that this article shall not apply in the following circumstances:\n1. an existing building that has a historic status pursuant to federal,\nstate or local law and compliance with construction requirements and\nprocedures established pursuant to this article would alter the historic\ncharacter of such building;\n 2. in the case of a substantial renovation, compliance with\nconstruction requirements and procedures established pursuant to this\narticle would not be cost effective over the useful life of such\nrenovation as determined pursuant to regulations promulgated pursuant to\nthis article;\n 3. compliance with this article or with construction requirements and\nprocedures established pursuant to this article would be inconsistent\nwith or violate federal or state law;\n 4. such other circumstances as the office may reasonably determine\npursuant to regulations to not be appropriate for the application of the\nconstruction requirements and procedures adopted pursuant to this\narticle; or\n 5. the design or planning process for such new construction or\nsubstantial renovation has substantially commenced, as defined by the\noffice in regulations, as of the effective date of the regulations\npromulgated by the office pursuant to this article; provided however,\nthat whenever subdivision one, two, three or four applies, the\nconstruction requirements and procedures shall be integrated into the\ndesign and construction of the project to the maximum extent\npracticable.\n