N.Y. Comp. Codes R. & Regs. tit. 19, § 1204.15 – Agency exemption.

(a) Individual State agencies may request that they be exempted from the requirements imposed by sections1204.5 and 1204.14 of this Part. The Secretary may grant such exemptions under the following conditions:
1. (1) the State agency does not have custody of any building or portion of a building;
2. (2) all buildings occupied by the State agency are within the custody of the Office of General Services or are subject to code enforcement by a city, town, village, county or the Department of State; and
3. (3) the State agency does not construct buildings or structures.
(b) The Secretary may review the exempt status of State agencies and rescind such status if it is determined that the particular State agency is no longer qualified for the exemption.