ADOPTS WITH AMENDMENTS:

International Energy Conservation Code 2015 (IECC 2015)

IECC — Commercial Provisions

IECC — Residential Provisions

Heads up: There are no amended sections in this chapter.

Part 1 — Scope and Application

C101.1 Title

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This section has been amended at the state or city level.

C101.1 General

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This section has been amended at the state or city level.

C101.1.1 Introduction

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The New York State Energy Conservation Construction Code promulgated pursuant to Article 11 of the Energy Law (hereinafter referred to as the "Energy Code") is contained in Title 19 of the New York Codes, Rules and Regulations (NYCRR), Part 1240, and in the publications incorporated by reference in 19 NYCRR Part 1240. The publications incorporated by reference in 19 NYCRR Part 1240 include:

  • the publication entitled "2015 International Energy Conservation Code" (Second Printing: May 2015) published by International Code Council, Inc. (hereinafter referred to as the "2015 IECC");
  • the publication entitled "ANSI/ ASHRAE / IES Standard 90.1-2013, Energy Standard for Buildings Except Low-Rise Residential Buildings" (July 2014 Printing), published by American Society of Heating, Refrigeration and Air-Conditioning Engineers, Inc. (hereinafter referred to as "ASHRAE 90.1-2013");
  • the publication entitled "2016 Supplement to the New York State Energy Conservation Construction Code (Revised August 2016)" (Publication Date: August, 2016), published by the New York State Department of State (hereinafter referred to as the "2016 Energy Code Supplement"); and
  • the other referenced codes standards mentioned and/or referred to in 19 NYCRR Part 1240.
The 2015 IECC includes two sets of provisions: the "IECC — Commercial Provisions" and the "IECC — Residential Provisions." The "IECC — Commercial Provisions," as they appear in the 2015 IECC, are hereinafter referred to as the "2015 IECC Commercial Provisions." The "IECC — Residential Provisions," as they appear in the 2015 IECC, are hereinafter referred to as the "2015 IECC Residential Provisions."

For the purposes of applying the 2015 IECC Commercial Provisions, ASHRAE 90.1-2013, and the 2015 IECC Residential Provisions in New York State:

  • the 2015 IECC Commercial Provisions shall be deemed to be amended in the manner provided in Part 1 of the 2016 Energy Code Supplement;
  • ASHRAE 90.1-2013 shall be deemed to be amended in the manner provided in Part 2 of the 2016 Energy Code Supplement; and
  • the 2015 IECC Residential Provisions shall be deemed to be amended in the manner provided in Part 3 of the 2015 IECC Energy Code Supplement.

C101.1.2 Titles

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This section has been amended at the state or city level.
2015 IECC Commercial Provisions. The 2015 IECC Commercial Provisions, as they appear in the 2015 IECC, are referred to in the 2016 Energy Code Supplement as the "2015 IECC Commercial Provisions."

2015 IECC Commercial Provisions (as amended). The 2015 IECC Commercial Provisions, as amended by Part 1 of the 2016 Energy Code Supplement, are referred to in the 2016 Energy Code Supplement as the "2015 IECC Commercial Provisions (as amended)."

ASHRAE 90.1-2013 (as amended). ASHRAE 90.1-2013, as amended by Part 2 of the 2016 Energy Code Supplement, is referred to in the 2016 Energy Code Supplement as "ASHRAE 90.1-2013 (as amended)."

2015 IECC Residential Provisions. The 2015 IECC Residential Provisions, as they appear in the 2015 IECC, are referred to in the 2016 Energy Code Supplement as the "2015 IECC Residential Provisions."

2015 IECC Residential Provisions (as amended). The 2015 IECC Residential Provisions, as amended by Part 3 of the 2016 Energy Code Supplement, are referred to in the 2016 Energy Code Supplement as the "2015 IECC Residential Provisions (as amended)."

References in the 2015 IECC Commercial Provisions to "this code." Each reference in the 2015 IECC Commercial Provisionsto "this code" shall be deemed to be a reference to the 2015 IECC Commercial Provisions (as amended).

References in the 2015 IECC Commercial Provisions to Sections and Tables. Each reference in the 2015 IECC Commercial Provisions to a Section or Table in the 2015 IECC Commercial Provisions shall be deemed to be a reference to such Section or Table in the 2015 IECC Commercial Provisions (as amended).

References in the 2015 IECC Commercial Provisions to "ANSI/ASHRAE/IESNA 90.1," "ANSI/ASHRAE/IES 90.1," "ASHRAE 90.1," or "ANSI/ASHRAE/IESNA." Each reference in the 2015 IECC Commercial Provisions to "ANSI/ASHRAE/IESNA 90.1," "ANSI/ASHRAE/IES 90.1," "ASHRAE 90.1" or "ANSI/ASHRAE/IENSA" shall be deemed to be a reference to ASHRAE 90.1-2013 (as amended):

C101.1.3 Administration and Enforcement

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This section has been amended at the state or city level.
The Energy Code shall be administered and enforced in accordance with the strictest of (i) the requirements of the code enforcement program established by the governmental unit or agency responsible for administration and enforcement of the Energy Code with respect to the building in question, (ii) the minimum requirements established by the regulations adopted by the Department of State pursuant to section 381(1) of the New York State Executive Law, or (iii) the requirements set forth in this Chapter 1 [CE] and, as applicable, in Chapter 1 [RE] of the 2015 IECC Residential Provisions (as amended).

C101.2 Scope

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The 2015 IECC Commercial Provisions (as amended) apply to commercial buildings, the sites on which commercial buildings are located, and building systems and equipment in commercial buildings.

C101.3 Intent

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The 2015 IECC Commercial Provisions (as amended) shall regulate the design and construction of new commercial buildings; additions to, alterations of, and/or renovations of existing commercial buildings; and additions to, alterations of, and/or renovations of building systems in existing commercial buildings for the use and conservation of energy over the life of each such commercial building. The 2015 IECC Commercial Provisions (as amended) are intended to provide flexibility to permit the use of innovative approaches and techniques to achieve the objectives set forth in the preceding sentence. The 2015 IECC Commercial Provisions (as amended) are not intended to abridge safety, health or environmental requirements contained in other applicable statutes, laws, rules, regulations, codes or ordinances.

Nothing in this section C101.3, or in any other provision in this Chapter 1 [CE] of the 2015 IECC Commercial Provisions (as amended), or in any other provision of the 2015 IECC Commercial Provisions (as amended), shall be construed as permitting any code official, or any governmental unit or agency charged with the administration and enforcement of the Energy Code, to waive, vary, modify or otherwise alter any standard or requirement of the 2015 IECC Commercial Provisions (as amended) or any other standard or requirement of the Energy Code. Standards or requirements of the Energy Code may be varied or modified only pursuant to Section 11-106 of the New York State Energy Law.

C101.4 Applicability

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This section has been amended at the state or city level.
Where, in any specific case, different sections of the 2015 IECC Commercial Provisions (as amended) specify different materials, methods of construction or other requirements, the most restrictive shall govern. Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall govern.

C101.4.1 Mixed Occupancy

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This section has been amended at the state or city level.
Where a building includes both residential and commercial occupancies, (1) each occupancy shall be separately considered; (2) each residential occupancy shall meet the applicable provisions of the 2015 IECC Residential Provisions (as amended); and (3) each commercial occupancy shall meet the applicable provisions of the 2015 IECC Commercial Provisions (as amended), or, to the extent permitted by the 2015 IECC Commercial Provisions (as amended), the applicable provisions of ASHRAE 90.1- 2013 (as amended).

C101.5 Compliance

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This section has been amended at the state or city level.
Residential buildings shall meet the 2015 IECC Residential Provisions (as amended). Commercial buildings shall meet the 2015 IECC Commercial Provisions (as amended). To the extent permitted by the 2015 IECC Commercial Provisions (as amended), commercial buildings may comply with ASHRAE 90.1-2013 (as amended) in lieu of complying with the 2015 IECC Commercial Provisions (as amended).

C101.5.1 Compliance Materials

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This section has been amended at the state or city level.

C101.5.1 Compliance Software

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This section has been amended at the state or city level.
Compliance with the 2015 IECC Commercial Provisions (as amended) or, if applicable, with ASHRAE 90.1-2013 (as amended) can be demonstrated through the use of:

(1) computer software that is developed by the United States Department of Energy (such as COMcheck) specifically for the 2015 IECC Commercial Provisions (as amended) or, if applicable, specifically for ASHRAE 90.1- 2013 (as amended), or

(2) other software that shall have been expressly approved in writing by the New York Secretary of State as acceptable for demonstrating compliance with the 2015 IECC Commercial Provisions (as amended) or, if applicable, for demonstrating compliance with ASHRAE 90.1-2013 (as amended).

Software programs used to demonstrate compliance must indicate compliance with the 2015 IECC Commercial Provisions (as amended) or, if applicable, compliance with ASHRAE 90.1-2013 (as amended), and must reflect the actual requirements of the 2015 IECC Commercial Provisions (as amended) or, if applicable, the actual requirements of ASHRAE 90.1-2013 (as amended).

C101.5.1.1 Mandatory Provisions

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This section has been amended at the state or city level.
The use of the software approach to demonstrate compliance does not excuse compliance with any mandatory provision of the 2015 IECC Commercial Provisions (as amended) or ASHRAE 90.1-2013 (as amended), as applicable. When using the software approach to demonstrate compliance with the provisions of the 2015 IECC Commercial Provisions (as amended), compliance with all applicable mandatory provisions of the 2015 IECC Commercial Provisions (as amended) will still be required, and when using the software approach to demonstrate compliance with ASHRAE 90.1-2013 (as amended), compliance with all applicable mandatory provisions of ASHRAE 90.1- 2013 (as amended) will still be required.

C101.6 Statutory Limitations and Exemptions

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C101.6.1

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In the event of an addition to or alteration of an existing building or building system, the Energy Code shall not be interpreted to require any unaltered portion of such existing building or building system to comply with the Energy Code.

C101.6.2

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This section has been amended at the state or city level.
The Energy Code shall not apply to any of the following, provided that the energy use of the building is not increased: (1) storm windows installed over existing fenestration; (2) glass only replacements in an existing sash and frame; (3) existing ceiling, wall or floor cavities exposed during construction provided that these cavities are filled with insulation; (4) construction where the existing roof, wall or floor cavity is not exposed; (5) reroofing for roofs where neither the sheathing nor the insulation is exposed; roofs without insulation in the cavity and where the sheathing or insulation is exposed during reroofing shall be insulated either above or below the sheathing; (6) replacement of existing doors that separate conditioned space from the exterior shall not require the installation of a vestibule or revolving door, provided, however, that an existing vestibule that separates such conditioned space from the exterior shall not be removed; (7) alterations that replace less than fifty percent of the luminaires in a space, provided that such alterations do not increase the installed interior lighting power; or (8) alterations that replace only the bulb and ballast within the existing luminaires in a space provided that the alteration does not increase the installed interior lighting power.

C101.6.3

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Historic buildings are exempt from the Energy Code.

Section C102 Alternate Materials, Method of Construction, Design or Insulating Systems

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C102.1 General

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This section has been amended at the state or city level.
The 2015 IECC Commercial Provisions (as amended) are not intended to prevent the use of any material, method of construction, design or insulating system not specifically prescribed in the 2015 IECC Commercial Provisions (as amended), provided that such method of construction, design or insulating system has been approved by the code official as (1) meeting the intent of the 2015 IECC Commercial Provisions (as amended) and (2) achieving energy savings that is equivalent or greater than that which would be achieved by the prescribed method of construction, design or insulating system.

Nothing in this section C102.1, or in any other provision in this Chapter 1 [CE] of the 2015 IECC Commercial Provisions (as amended), or in any other provision of the 2015 IECC Commercial Provisions (as amended), shall be construed as permitting any code official, or any governmental unit or agency charged with the administration and enforcement of the Energy Code, to waive, vary, modify or otherwise alter any standard or requirement of the 2015 IECC Commercial Provisions (as amended) or any other standard or requirement of the Energy Code. Standards or requirements of the Energy Code may be varied or modified only pursuant to Section 11-106 of the New York State Energy Law.

C102.1.1 Above Code Programs

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This section has been amended at the state or city level.

Part 2 — Administration and Enforcement

Section C103 Construction Documents

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This section has been amended at the state or city level.
NOTE: Requirements relating to the construction documents that must be provided with an application for a building permit or construction permit shall be the strictest of:

(i)    the requirements of the code enforcement program established by the governmental unit or agency responsible for administration and enforcement of the Energy Code with respect to the building in question,

(ii)   the minimum requirements established by the regulations adopted by the Department of State pursuant to section 381(1) of the New York State Executive Law, or

(iii)  the requirements set forth in this Section C103 and, as applicable, the requirements set forth in Section R103 of the 2015 IECC Residential Provisions (as amended).

C103.1 General

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This section has been amended at the state or city level.
Construction documents and other supporting data shall be submitted in one or more sets with each application for a permit. The construction documents shall be prepared by a registered design professional as required by the New York State Education Law Articles 145 and 147.

Exception: Where construction documents are not required to be prepared by a registered design professional in accordance with New York State Education Law Articles 145 and 147, the code official is authorized to waive the requirements for construction documents or other supporting data if the code official determines they are not necessary to confirm compliance with the Energy Code.

C103.2 Information on Construction Documents

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This section has been amended at the state or city level.
Construction documents shall be drawn to scale upon suitable material. Electronic media documents are permitted to be submitted where approved by the code official. Construction documents shall be of sufficient clarity to indicate the location, nature and extent of the work proposed, and shall show in sufficient detail pertinent data and features of the building, systems and equipment as herein governed. Details shall include, but are not limited to, the following as applicable:
  1. Insulation materials and their R-values.
  2. Fenestration U-factor and solar heat gain coefficient (SHGC).
  3. Area-weighted U-factor and solar heat gain coefficient (SHGC) calculations.
  4. Mechanical system design criteria.
  5. Mechanical and service water heating system and equipment types, sizes and efficiencies.
  6. Economizer description.
  7. Equipment and system controls.
  8. Fan motor horsepower (hp) and controls.
  9. Duct sealing, duct and pipe insulation and location.
  10. Lighting fixture schedule with wattage and control narrative.
  11. Location of daylight zones on floor plans.
  12. Air sealing details
The building's thermal envelope shall be represented on the construction drawings.

C103.2.2 Written Statement

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When plans or specifications bear the seal and signature of a registered design professional, such registered design professional shall also include a written statement that to the best of his or her knowledge, belief and professional judgment, such plans or specifications are in compliance with the Energy Code.

C103.3 Examination of Documents

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This section has been amended at the state or city level.
The code official shall examine or cause to be examined the accompanying construction documents and shall ascertain whether the construction indicated and described is in accordance with the requirements of the Energy Code and other pertinent laws or ordinances. The code official is authorized to utilize a registered design professional, or other approved entity not affiliated with the design or construction of the building in question, in conducting the review of the plans and specifications for compliance with the Energy Code.

C103.3.1 Approval of Construction Documents

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When the code official issues a permit where construction documents are required, the construction documents shall be endorsed in writing and stamped "Reviewed for Energy Code Compliance. " Such approved construction documents shall not be changed, modified or altered without authorization from the code official. Work shall be done in accordance with the approved construction documents.

One set of construction documents so reviewed shall be retained by the code official. The other set shall be returned to the applicant, kept at the site of work and shall be open to inspection by the code official or a duly authorized representative.

C103.3.2 Previous Approvals

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This section has been amended at the state or city level.
The 2015 IECC Commercial Provisions (as amended) shall not require changes in the construction documents, construction or designated occupancy of a structure for which a lawful permit was issued prior to the effective date of the rule making the 2015 IECC Commercial Provisions (as amended) part of the Energy Code, provided that construction pursuant to such permit is commenced in good faith within 180 days after such effective date and is thereafter diligently pursued through completion.

C103.3.3 Phased Approval

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This section has been amended at the state or city level.
The code official shall have the authority to issue a permit for the construction of part of an energy conservation system before the construction documents for the entire system have been submitted or approved, provided adequate information and detailed statements have been filed complying with all pertinent requirements of the Energy Code. The holders of such permit shall proceed at their own risk without assurance that the permit for the entire energy conservation system will be granted.
Changes made during construction that are not in compliance with the approved construction documents shall be resubmitted for approval as an amended set of construction documents.

C103.5 Retention of Construction Documents

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This section has been amended at the state or city level.
One set of approved construction documents shall be retained by the code official for a period of not less than seven years from the date of the demolition and removal of the building.

Section C104 Inspections

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This section has been amended at the state or city level.
NOTE: Requirements relating to inspections of work shall be the strictest of:

(i)    the requirements of the code enforcement program established by the governmental unit or agency responsible for administration and enforcement of the Energy Code with respect to the building in question,

(ii)   the minimum requirements established by the regulations adopted by the Department of State pursuant to section 381(1) of the New York State Executive Law, or

(iii)  the requirements set forth in this Section C104 and, as applicable, the requirements set forth in Section R104 of the 2015 IECC Residential Provisions (as amended).

C104.1 General

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This section has been amended at the state or city level.
Construction or work for which a permit is required shall be subject to inspection by the code official or an inspector who is (i) qualified to perform the inspections (such qualifications to include, where required, completion of the training required by 19 NYCRR Part 1208) and (ii) approved by the code official.

C104.1.1 Required Approvals

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This section has been amended at the state or city level.
Work shall not be done beyond the point indicated in each successive inspection without first obtaining the approval of the code official. The permit holder or the permit holder's agent shall notify the code official when work has progressed to the point where the next required inspection described in Section C104.2 can be made. The code official (or other qualified inspector approved by the code official pursuant to Section C104.1), shall make such inspection, and the code official shall either indicate the portion of the construction that is satisfactory as completed, or notify the permit holder or the permit holder's agent wherein the same fails to comply with the Energy Code. Any portions that do not comply shall be corrected and such portion shall not be covered or concealed until authorized by the code official. In the case of a building that is subject to the New York City Construction Codes, such required approvals and inspections shall be subject to the provisions of Article 116 of Chapter 1 of Title 28 of the New York City Administrative Code.

C104.2 Required Inspections

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This section has been amended at the state or city level.
The code official (or other qualified inspector approved by the code official pursuant to Section C104.1), upon notification, shall make the inspections set forth in Sections C104.2.1 through C104.2.6.

C104.2.1 Footing and Foundation Inspection

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This section has been amended at the state or city level.
Inspections associated with footings and foundations shall verify compliance with the code as to R-value, location, thickness, depth of burial and protection of insulation as required by the Energy Code and approved plans and specifications.

C104.2.2 Framing and Rough-In Inspection

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This section has been amended at the state or city level.
Inspections at framing and rough-in shall be made before application of interior finish and shall verify compliance with the Energy Code as to types of insulation and corresponding R-values and their correct location and proper installation; fenestration properties (U-factor, SHGC, and VT) and proper installation and air leakage controls as required by the Energy Code and approved plans and specifications.

C104.2.3 Plumbing Rough-In Inspection

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This section has been amended at the state or city level.
Inspections at plumbing rough-in shall verify compliance as required by the Energy Code and approved plans and specifications as to types of insulation and corresponding R-values and protection; required controls; and required heat traps.

C104.2.4 Mechanical Rough-In Inspection

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This section has been amended at the state or city level.
Inspections at mechanical rough-in shall verify compliance as required by the Energy Code and approved plans and specifications as to installed HVAC equipment type and size; required controls, system insulation and corresponding R-value; system and damper air leakage; and required energy recovery and economizers.

C104.2.5 Electrical Rough-In Inspection

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This section has been amended at the state or city level.
Inspections at electrical rough-in shall verify compliance as required by the Energy Code and approved plans and specifications as to installed lighting systems, components and controls; and installation of an electric meter for each dwelling unit.
The building shall have a final inspection and shall not be occupied until approved. The final inspection shall include verification of the installation and proper operation of all required building controls, and documentation verifying activities associated with required building commissioning have been conducted and findings of noncompliance corrected. Buildings, or portions thereof, shall not be considered for a final inspection until the code official has received a letter of transmittal from the building owner acknowledging that the building owner has received the Preliminary Commissioning Report as required in Section C408.2.4.

C104.2.6.1 HVAC System Certification

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This section has been amended at the state or city level.
A registered design professional shall provide to the code official a written certification that (1) all required HVAC system inspections, HVAC system calibrations, and overall HVAC equipment functionality tests have been performed and (2) in the professional opinion of the registered design professional, the HVAC system is operating as designed. The registered design professional shall retain copies of the inspection, calibration, and test reports, and shall provide such reports to the code official, if requested. In the case of a building that is subject to the New York City Construction Codes, all required HVAC system inspections, HVAC system calibrations, and overall HVAC equipment functionality tests shall be special or progress inspections and shall be performed by approved agencies.

C104.3 Reinspection

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A building shall be reinspected when determined necessary by the code official.

C104.4 Approved Inspection Agencies

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The code official is authorized to accept reports of third-party inspection agencies not affiliated with the design or construction of the building in question, provided such agencies are approved as to qualifications and reliability relevant to the building components and building systems they are inspecting.

C104.5 Inspection Requests

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It shall be the duty of the holder of the permit or their duly authorized agent to notify the code official when work is ready for a required inspection. It shall be the duty of the permit holder to provide access to and means for all required inspections of such work.

C104.6 Reinspection and Testing

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Where any work or installation does not pass an initial test or inspection, the necessary corrections shall be made to achieve compliance with the Energy Code. The work or installation shall then be resubmitted to the code official for inspection and testing.

C104.7 Approval

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After the prescribed tests and inspections indicate that the work complies in all respects with the Energy Code, a notice of approval shall be issued by the code official.

C104.7.1 Revocation

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The code official is authorized to suspend or revoke a notice of approval wherever the code official determines that the notice is issued in error or on the basis of incorrect information supplied, or where it is determined that the building or structure, or any portion thereof, or the premises, or portion thereof, is in violation of any provision of the Energy Code; any provision of the Uniform Code or New York City Construction Codes, as applicable; or any other any applicable law, statute, rule, regulation or ordinance. Any such suspension or revocation shall be in writing, signed by the code official or by his or her designated agent.

C105.1 General

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This section has been amended at the state or city level.
If any portion of the 2015 IECC Commercial Provisions (as amended) is held by a court of competent jurisdiction to be illegal or void, such holding shall not affect the validity of the remainder of the 2015 IECC Commercial Provisions (as amended) or of any other portion of the Energy Code.

Section C106 Referenced Codes and Standards

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C106.1 Referenced Codes and Standards General

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The codes and standards referenced in the 2015 IECC Commercial Provisions (as amended) shall be those listed in Chapter 6 of the 2015 IECC Commercial Provisions (as amended), and such codes and standards shall be considered as part of the requirements of the 2015 IECC Commercial Provisions (as amended) to the prescribed extent of each such reference and subject to the provisions and limitations set forth in Sections C106.1.1 and C106.1.2.

C106.1.1 Conflicts

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This section has been amended at the state or city level.
Where conflicts occur between provisions of the 2015 IECC Commercial Provisions (as amended) and referenced codes and standards listed in Chapter 6 of the 2015 IECC Commercial Provisions (as amended), the provisions of the 2015 IECC Commercial Provisions (as amended) shall control.

C106.1.2 Provisions in Referenced Codes and Standards

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This section has been amended at the state or city level.
Where the extent of the reference to a referenced code or standard listed in Chapter 6 of the 2015 IECC Commercial Provisions (as amended) includes subject matter that is within the scope of the 2015 IECC Commercial Provisions (as amended), the provisions of the 2015 IECC Commercial Provisions (as amended), as applicable, shall take precedence over the provisions in the referenced code or standard.

C106.2 Application of References

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C106.3 Other Laws

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Section C107 Fees

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Section C107 Other Laws and Regulations

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C107.1 Fees

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C107.1 General

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The Energy Code shall not be deemed to nullify any federal, state or local law, statute, rule, regulation or ordinance relating to any matter as to which the Energy Code does not provide.

C107.1.1 Other Agencies' Regulations

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This section has been amended at the state or city level.
Pursuant to Section 11-103(3) of the New York State Energy Law, any other code, rule or regulation heretofore promulgated or enacted by any state agency other than the State Fire Prevention and Building Code Council, incorporating specific energy conservation requirements applicable to the construction of any building, shall be superseded by the Energy Code.

C107.1.2 More Stringent Local Energy Codes

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This section has been amended at the state or city level.
Pursuant to section 11-109 of the New York State Energy Law, and subject to the provisions and requirements of that section, any municipality has the power to promulgate a local energy conservation construction code that is more stringent than the Energy Code.

C107.2 Schedule of Permit Fees

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C107.3 Work Commencing Before Permit Issuance

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C107.4 Related Fees

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C107.5 Refunds

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Section C108 Stop Work Order

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Section C108 Interpretation of Energy Code Requirements

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NOTE: Except as may be otherwise provided by procedures established by the Secretary of State, as currently in effect or as hereafter established or amended for time to time, the procedures for requesting and issuing written interpretations of the Energy Code shall be as set forth in this Section C108.

C108.1 Authority

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C108.1 General

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The Secretary of State is authorized by section 11-103(4) of the New York State Energy Law to issue written interpretations of the Energy Code upon written request of a permit applicant or the code official responsible for the administration and enforcement of the provisions of the Energy Code.

C108.2 Issuance

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C108.2 Procedure

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A request for an interpretation shall be signed by the building permit applicant and the code official, or by one or the other, individually, and shall include the following information in order to be considered complete:

  1. Name, address, and telephone number of the building permit applicant and the code official;
  2. A detailed description of the proposed construction, including a copy of the building permit application and plans and specifications that have been filed by the building permit applicant with the code official, as well as any other floor plans, elevations, cross-sections, details specifications, or construction documents necessary to describe adequately the proposed construction;
  3. Identification of each requirement of this code for which an interpretation is requested;
  4. A concise summary of the disagreement concerning the application of each such requirement for which an interpretation is requested; and
  5. A copy of the building permit application denial if one was issued by the code official.

C108.3 Emergencies

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This section has been amended at the state or city level.

C108.3 Incomplete Information

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This section has been amended at the state or city level.
If the request is incomplete or does not otherwise contain sufficient information necessary to issue an interpretation, the Secretary of State may request clarification of the information provided or additional information necessary to issue the requested interpretation.

C108.4 Failure to Comply

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C108.4 Notification

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Upon receipt of a complete request for an interpretation signed by only the building permit applicant or the code official, the Secretary of State shall provide written notification to the party who has not signed the request for an interpretation that such request for an interpretation has been filed with the Department of State. The party receiving such notification shall have 20 days from the date of such notification in which to provide, in writing, any comments or additional information pertaining to the request for an interpretation, provided that the Commissioner may waive this deadline when warranted by extenuating circumstances.

C108.5 Issuing Interpretation

AMENDMENT
This section has been amended at the state or city level.
The Secretary of State shall either issue the interpretation or provide notification of the intent not to issue an interpretation to the building permit applicant and the code official within 45 days of any of the following:

  1. Receipt of a complete request for an interpretation signed by both the building permit applicant and the code official,
  2. Receipt of comments when the request for an interpretation is signed by only one party, or
  3. The expiration of the 20-day comment period when the request for an interpretation is signed by only one party.

C108.6 Enforcement

AMENDMENT
This section has been amended at the state or city level.
Subsequent enforcement of the Energy Code shall be consistent with the interpretations issued by the Secretary of State pursuant to section 11-103(4) of the New York State Energy Law

C108.7 Interpretation of More Stringent Local Energy Code Provisions

AMENDMENT
This section has been amended at the state or city level.
If a municipality has adopted a local energy code in accordance with the provisions of section 11-109 of the New York State Energy Law, and if such local energy code shall have become effective in such municipality in accordance with the provisions of section 11-109 of the New York State Energy Law, the local code official in such municipality is permitted to interpret those provisions of such local energy code that are (1) in addition to the provisions of Energy Code or (2) more stringent than the provisions of the Energy Code. However, no such interpretation shall be deemed to be an interpretation of the Energy Code by the Secretary of State pursuant to section 11-103(4) of the New York State Energy Law. In addition, if a local code official interprets a provision of a local energy code in a manner that makes such provision less stringent that the corresponding provision of the Energy Code, the corresponding provision of the Energy Code shall supersede such provision of the local energy code.

Section C109 Board of Appeals

AMENDMENT
This section has been amended at the state or city level.

Section C109 References to Chapters, Sections, Tables or Provisions

AMENDMENT
This section has been amended at the state or city level.

C109.1 General

AMENDMENT
This section has been amended at the state or city level.
Each reference in the 2015 IECC Commercial Provisions (as amended) to a chapter, section or table by number only, or to a provision not specifically identified by number, without specification of the publication in which such chapter, section, table or provision is contained, shall be deemed to be a reference to such chapter, section, table or provision in the 2015 IECC Commercial Provisions (as amended).

Example: Section C403.1.3 of the 2015 IECC Commercial Provisions (as amended) includes references to "the requirements of Sections C402.3 and C402.4" and "the climate zone specified in Chapter 3." Such references shall be deemed to be references to Sections C402.3 and C402.4 of the 2015 IECC Commercial Provisions (as amended) and Chapter 3 of the 2015 IECC Commercial Provisions (as amended), respectively.

C109.2 Limitations on Authority

AMENDMENT
This section has been amended at the state or city level.

C109.3 Qualifications

AMENDMENT
This section has been amended at the state or city level.
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