Don't have my 2009 anymore....They might have an exception for low energy buildings......But it depends on what part of the code you are trying to avoid....
C401.2 Application. Commercial buildings shall comply
with one of the following:
1. The requirements of ANSI/ASHRAE/IESNA 90.1.
2. The requirements of Sections C402 through C405. In
addition, commercial buildings shall comply with Section
C406 and tenant spaces shall comply with Section
C406.1.1.
3. The requirements of Sections C402.5, C403.2, C404,
C405.2, C405.3, C405.4, C405.6 and C407. The building
energy cost shall be equal to or less than 85 percent
of the standard reference design building.
C402.1.1 Low-energy buildings. The following lowenergy
buildings, or portions thereof separated from the
remainder of the building by building thermal envelope
assemblies complying with this section, shall be exempt
from the building thermal envelope provisions of Section
C402.
1. Those with a peak design rate of energy usage less than
3.4 Btu/h · ft2 (10.7 W/m2) or 1.0 watt per square foot
(10.7 W/m2) of floor area for space conditioning purposes.