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An energy audit report for a covered building shall be acceptable for early compliance if it is completed after January 1, 2006 and it includes:
  1. The address of the building, completion date of the audit, signature and credentials of the person performing or supervising the performance of the audit and of the audit team; and
  2. The information required in items 1 through 5 of section 28-308.2.
§28-308.7.1.1 Early Compliance Audit Completed After January 1, 2006 and Prior to the Effective Date of This Article
An early compliance audit completed after January 1, 2006 and prior to the effective date of this article shall have met the following additional criteria:
  1. The audit shall have met the requirements of the Level II Energy Survey and Analysis of the 2004 edition of Procedures for Commercial Building Energy Audits published by ASHRAE; or
  2. The audit shall have been performed under a New York Power Authority or New York State Energy Research and Development Authority (NYSERDA) contract or by a NYSERDA Flex Tech contractor; and
  3. The audit report shall be submitted along with certification by a registered design professional that the audit satisfies the criteria of this section.
  4. A partial audit completed after January 1, 2006 and prior to the effective date of this article shall qualify for early compliance only if the base building systems that were not subject to such audit are audited, after the effective date of this article, in the manner set forth in section 28-308.7.1.2.
§28-308.7.1.2 Early Compliance Audit Completed After the Effective Date of This Article
An early compliance audit completed after the effective date of this article shall meet the following additional criteria:
  1. The audit shall be performed by or under the supervision of a registered design professional and shall meet the requirements of the Level II Energy Survey and Analysis of the 2004 edition of Procedures for Commercial Building Energy Audits published by ASHRAE;
  2. The auditing team shall include an individual who is one of the following:

    1. A NYSERDA approved Flex Tech contractor;
    2. A Certified Energy Manager (CEM) or Certified Energy Auditor (CEA), certified by the Association of Energy Engineers (AEE);
    3. A High-Performance Building Design Professional (HPBD) certified by ASHRAE; or
    4. For audits of multifamily residential buildings only, a Multi-family Building Analyst (MFBA), certified by the Building Performance Institute (BPI), or have such other qualification or certification as determined by the department;
  3. An individual with at least three years of professional experience performing energy audits on buildings larger than 50,000 gross square feet (4645 m2) shall be a member of the auditing team;
  4. The building's operations and maintenance staff shall be consulted at the start of and during the audit process; and
  5. The registered design professional performing or supervising the audit shall certify that the audit satisfies the criteria of this section.
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