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:
N.Y. Energy Law § 11-105