§ 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.