82. Applicability. This article shall apply to the construction of new buildings and the substantial renovation of existing buildings, except that this article shall not apply in the following circumstances: 1. an existing building that has a historic status pursuant to federal, state or local law and compliance with construction requirements and procedures established pursuant to this article would alter the historic character of such building;
2. in the case of a substantial renovation, compliance with construction requirements and procedures established pursuant to this article would not be cost effective over the useful life of such renovation as determined pursuant to regulations promulgated pursuant to this article;
3. compliance with this article or with construction requirements and procedures established pursuant to this article would be inconsistent with or violate federal or state law;
4. such other circumstances as the office may reasonably determine pursuant to regulations to not be appropriate for the application of the construction requirements and procedures adopted pursuant to this article; or
5. the design or planning process for such new construction or substantial renovation has substantially commenced, as defined by the office in regulations, as of the effective date of the regulations promulgated by the office pursuant to this article; provided however, that whenever subdivision one, two, three or four applies, the construction requirements and procedures shall be integrated into the design and construction of the project to the maximum extent practicable.
Last modified: February 3, 2019