Chapter 1 General Requirements

Chapter 2 Definitions

Chapter 3 Climate Zones‚ Design Conditions‚ Materials‚ Equipment and Systems

Chapter 4 Residential Energy Efficiency

Chapter 5 Commercial Energy Efficiency

Chapter 6 Referenced Standards

This code shall be known as the Energy Conservation Construction Code of New York State, and shall be cited as such. It is referred to herein as "this code."
Administration and enforcement of the Energy Conservation Construction Code of New York State shall be in accordance with local law, subject to the minimum requirements set forth in Part 1203 of Title 19 NYCRR.
When within the jurisdiction of the City of New York, administration and enforcement shall be in conformance with the New York City Construction Codes .
This code applies to residential buildings and commercial buildings.
When within the jurisdiction of the City of New York, the Counties of New York, Kings, Queens, Bronx and Richmond, the following shall apply:
1. For determination of occupancy classification and use within this code, a comparable occupancy classification may be made to the New York City Construction Codes.
2. Where reference is made within this code to codes referenced in the Uniform Fire Prevention and Building Code, the reference shall be deemed to be to the New York City Construction Codes.
This code shall regulate the design and construction of buildings for the effective use of energy. This code is intended to provide flexibility to permit the use of innovative approaches and techniques to achieve the effective use of energy. This code is not intended to abridge safety, health or environmental requirements contained in other applicable codes or ordinances. To the fullest extent feasible, use of modern technical methods, devices and improvements which tend to minimize consumption of energy and utilize to the greatest extent practical solar and other renewable sources of energy without affecting reasonable requirements for the health, safety and security of the occupants or users of buildings shall be permitted. As far as may be practicable, the improvement of energy conservation construction practices, methods, equipment, materials and techniques shall be encouraged.
This code is intended to comply with the requirements of the American Recovery and Renewal Act of 2009 (the "ARRA"), i.e., to be a building energy code for residential buildings and for commercial buildings that meets or exceeds the model codes mentioned in the ARRA, or achieves equivalent or greater energy savings. The New York State Department of State has determined (1) that a building energy code which is applicable to both residential buildings and commercial buildings and which meets or exceeds the 2009 edition of the International Energy Conservation Code , published by the International Code Council, Inc. (hereinafter referred to as the "2009 IECC"), or achieves equivalent or greater energy savings, meets or exceeds the requirements of the ARRA; (2) that this code, which is applicable to both residential buildings and commercial buildings, meets or exceeds the 2009 IECC, or achieves equivalent or greater energy savings; and (3) accordingly, that this code meets or exceeds the requirements of the ARRA.
The provisions of this code shall apply to the construction of buildings. This code shall apply as provided in this Section 101.4. Where, in any specific case, different sections of this code 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.
Except as specified in this chapter, this code shall not be used to require the removal, alteration or abandonment of, nor prevent the continued use and maintenance of, an existing building or building system lawfully in existence at the time of adoption of this code.
An alteration or renovation to an existing building or structure that (1) is listed in the New York State Register of Historic Places, either individually or as a contributing building to a historic district, or (2) is listed in the National Register of Historic Places, either individually or as a contributing building to a historic district, or (3) has been determined to be eligible for listing in either the New York State or National Register of Historic Places, either individually or as a contributing building to a historic district, by the New York State Commissioner of Parks, Recreation and Historic Preservation, or (4) has been determined to be eligible for listing in the National Register of Historic Places, either individually or as a contributing building to a historic district, by the U.S. Secretary of the Interior, need not comply with this code.
It is intended that this code apply to additions, alterations, and renovations to existing residential building in all cases where the 2009 IECC would apply, and that this code shall apply to additions, alterations and renovations to existing commercial buildings in all cases where ASHRAE 90.1-2007 would apply. Additions, alterations or renovations to an existing building, building system or portion thereof shall conform to the provisions of this code as they relate to new construction without requiring the unaltered portion(s) of the existing building or building system to comply with this code. Additions, alterations or renovations shall not create an unsafe or hazardous condition or overload existing building systems. An addition shall be deemed to comply with this code if (1) the addition alone complies with this code, or (2) the existing building and addition considered as a single building comply with this code.

Exceptions: The following need not comply with the provisions of this code, provided 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, provided the U-factor and the solar heat gain coefficient (SHGC) will be equal to or lower than before the glass replacement.
3. Alterations, renovations or repairs to roof/ceiling, wall or floor cavities which are insulated to full depth with insulation having a minimal nominal value of R-3.0/inch.
4. Alterations, renovations or repairs to walls and floors, where the existing structure is without framing cavities and no new framing cavities are created.
5. Reroofing 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 a conditioned space from the exterior shall not be removed.
7. An alteration that replaces less than 50 percent of the luminaires in a space, provided that such alteration does not increase the installed interior lighting power.
8. An alteration that replaces only the bulb and ballast within the existing luminaires in a space, provided that such alteration does not increase the installed interior lighting power.
Spaces undergoing a change in occupancy that would result in an increase in demand for either fossil fuel or electrical energy shall comply with this code. Where the use in a space changes from one use in Table 505.5.2 to another use in Table 505.5.2, the installed lighting wattage shall comply with Section 505.5.
Any nonconditioned space that is altered to become conditioned space shall be required to be brought into full compliance with this code.
The provisions of sections 101.4.1, 101.4.2, 101.4.4, 101.4.5 and 101.4.6, of this code are subject to any provisions of Article 11 of the New York State Energy Law, as in effect at the time of adoption of this code and as thereafter amended from time to time, which may (1) require certain buildings to be exempt from this code or (2) limit the applicability of this code in the case of renovations of existing buildings. If the provisions of Article 11 of the New York State Energy Law, as in effect at the time of any alteration, renovation or repair to an existing building, require that such building be exempt from this code, then such alteration, renovation or repair to such building need not comply with this code. If the provisions of Article 11 of the New York State Energy Law, as in effect at the time of any alteration, renovation or repair to an existing building, limit the applicability of this code to such alteration, renovation or repair, then the applicability of this code to such alteration, renovation or repair shall be limited to the extent required by the provisions of Article 11 of the New York State Energy Law, as then in effect.

Example: New York State Energy Law section 11-103(b), as in effect at the time of adoption of this code, provides that in the case of the renovation of an existing building, this code (1) shall apply only if the renovation is a "substantial renovation" (i.e., only if more than fifty percent of any "building subsystem" is replaced), and (2) shall apply only to that portion of the "building subsystem" which is being replaced. If New York State Energy Law section 11-103(b) remains in effect at the time of any alteration, renovation or repair to an existing building, the applicability of this code to such alteration, renovation or repair shall be limited to the extent required by said section 11-103(b).
Residential buildings shall meet the provisions of Chapter 4. Commercial buildings shall meet the provisions of Chapter 5. Where a building includes both residential and commercial occupancies, each occupancy shall be separately considered and meet the applicable provisions of Chapter 4 for residential and Chapter 5 for commercial.
Compliance can be determined through the use of computer software developed by the United States Department of Energy (DOE), including REScheck, COMcheck, or REM/Rate home energy rating and REM/Design Home energy analysis software specifically developed for this code, or of other building energy modeling or home energy rating (HERS) software approved by the Secretary of State. In the case of energy modeling, the code official shall be permitted to accept an energy cost budget worksheet based on ASHRAE 90.1 or Section 506 and any information and reports showing acceptable results of the energy modeling. Software programs used to show compliance, must indicate compliance with the Energy Conservation Construction Code of New York State -2010 (ECCCNYS 2010) to reflect the actual requirements of the code. REScheck or COMCheck printout forms must show "ECCCNYS 2010" in the title of the print out. Other software programs (for example, REM Rate/REM Design) must clearly indicate that ECCCNYS 2010 parameters have been complied with. When using the software approach to show compliance, the mandatory code provisions of Chapters 4 and 5 must be complied with.
The following buildings, or portions thereof, separated from the remainder of the building by building thermal envelope assemblies complying with this code shall be exempt from the building thermal envelope provisions of this code.
1. Building spaces with a peak design rate of energy usage less than 3.4 Btu/h per square foot or 1.0 watt per square foot (10.7 W/m2) of floor area for space conditioning purposes.
2. Building spaces that do not contain conditioned space.
This code is not intended to prevent the use of any material, method of construction, design or insulating system not specifically prescribed herein, provided that such method of construction, design or insulating system has been approved by the code enforcement official as (1) meeting the intent of this code 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 102 shall be construed as permitting any code enforcement official, or any town, village, city, county, or state agency charged with the administration and enforcement of this code, to waive, vary, modify or otherwise alter any standard or requirement of this code. Standards or requirements of this code may be varied or modified only pursuant to Section 11-106 of the New York State Energy Law.
The authority having jurisdiction shall be permitted to determine a national, state or local energy efficiency program to exceed the energy efficiency required by this code. Buildings approved in writing by such an energy efficiency program shall be considered in compliance with this code. The requirements identified as "mandatory" in Chapters 4 and 5 of this code, as applicable, shall be met.
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 design professional as required by the New York State Education Law Articles 145 and 147.
Construction documents shall be drawn to scale upon suitable material. Electronic media documents are permitted to be submitted when approved by the code enforcement official. Construction documents shall be of sufficient clarity to indicate the location, nature and extent of the work proposed, and 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, as applicable, insulation materials and their R-values; fenestration U-factors and SHGCs; area-weighted U-factor and SHGC calculations; mechanical system design criteria; mechanical and service water heating system and equipment, types, sizes and efficiencies; economizer description; equipment and systems controls; fan motor horsepower (hp) and controls; duct sealing, duct and pipe insulation and location; lighting fixture schedule with wattages and control narrative; and air sealing details. The specific path of code compliance for each element of the building regulated by this code shall be clearly identified within the construction documentation. When compliance is achieved through computer software programs the documentation shall include all of the worksheets associated with specific building elements.
When plans or specifications bear the seal and signature of a licensed professional, such licensed professional shall also include a written statement that to the best of his/her knowledge, belief and professional judgment, such plans or specifications are in compliance with this code.
A registered design professional shall provide to the code enforcement official a written certification that the required HVAC tests, system balancing, etc., have been performed and that, in the professional opinion of the registered design professional, the system is operating as designed. The registered design professional shall retain copies of the test reports to be provided to the code enforcement official, if requested. In New York City, such inspections shall be special or progress inspections and shall be performed by approved agencies.

Exception: One- and two-family dwelling units.
When within the jurisdiction of the City of New York, refer to the New York City Construction Codes for additional requirements.
The code enforcement official shall examine or cause to be examined the accompanying construction documents and shall ascertain by such examinations whether the construction indicated and described is in accordance with the requirements of this code and other pertinent laws or ordinances.
This code shall not require changes in the construction documents, construction or designated occupancy of a structure for which a lawful permit has been heretofore issued or otherwise lawfully authorized, and the construction of which has been pursued in good faith within 180 days after the effective date of this code and has not been abandoned.
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.
Construction or work for which a permit is required shall be subject to inspection by the code enforcement official. Administration and enforcement of this code shall be in accordance with local law subject to the minimum requirements of Part 1203 of Title 19 (NYS Department of State Rules and Regulations).
Work shall not be done beyond the point indicated in each successive inspection without first obtaining the approval of the code enforcement official. The code enforcement official, upon notification, shall make the requested inspections and shall either indicate the portion of the construction that is satisfactory as completed, or notify the permit holder or his or her agent wherein the same fails to comply with this code. Any portions that do not comply shall be corrected and such portion shall not be covered or concealed until authorized by the code enforcement official. In New York City, such required approvals shall be conducted in accordance with (Sections 109.3.5 and 190.9 of the New York City Building Code) the New York City Construction Codes.
The building shall have a final inspection and not be occupied until approved.
A building shall be reinspected when determined necessary by the code enforcement official.
The code enforcement official is authorized to accept reports of approved inspection agencies, provided such agencies satisfy the requirements as to qualifications and reliability.
It shall be the duty of the holder of the permit or their duly authorized agent to notify the code enforcement official when work is ready for inspection. It shall be the duty of the permit holder to provide access to and means for inspections of such work that are required by this code.
Where any work or installation does not pass an initial test or inspection, the necessary corrections shall be made so as to achieve compliance with this code. The work or installation shall then be resubmitted to the code enforcement official for inspection and testing.
After the prescribed tests and inspections indicate that the work complies in all respects with this code, a notice of approval shall be issued by the code enforcement official.
The code enforcement official is authorized to suspend and/or revoke a notice of approval in writing which was issued under the provisions of this code or the New York City Construction Codes wherever the certificate is issued in error, or on the basis of incorrect information supplied, or where it is determined that the building or structure, premise, or portion thereof is in violation of any ordinance or regulation or any of the provisions of this code.
Upon written request by a building permit applicant and/or a code enforcement official, the Secretary of State may issue an interpretation of the application of any specific requirement of this code to the proposed construction for which an application for a building permit and required plans and specifications have been filed, and concerning a disagreement between the building permit applicant and the code enforcement official as to the application of such specific requirement to the proposed construction.
A request for an interpretation shall be signed by the building permit applicant and the code enforcement 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 enforcement 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 enforcement 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 enforcement official.
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.
Upon receipt of a complete request for an interpretation signed by only the building permit applicant or the code enforcement 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.
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 enforcement 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 enforcement 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.
Subsequent enforcement of this code with respect to the construction project for which an interpretation has been requested shall be consistent with the interpretation issued by the Secretary of State.
In jurisdictions that have adopted local energy codes in accordance with the provisions of Article 11 of the Energy Law, local code officials are permitted to interpret provisions added by the local jurisdiction or provisions amended by the local jurisdiction to be more stringent than this code; such interpretations by local jurisdictions, however, shall not result in interpretations of this code by the Secretary of State.
If a portion of this code is held to be illegal or void, such a decision shall not affect the validity of the remainder of this code.
The codes and standards referenced in this code shall be those listed in Chapter 6, and such codes and standards shall be considered as part of the requirements of this code to the prescribed extent of each such reference.
Where the provisions of this code and the referenced standards conflict, the provisions of this code shall take precedence.
References to chapter or section numbers, or to provisions not specifically identified by number, shall be construed to refer to such chapter, section or provision of this code.
This code (as amended and/or supplemented from time to time by the provisions of Part 1240 of Title 19 of the New York Codes, Rules and Regulations) constitutes the New York State Energy Conservation Construction Code (the Energy Code), promulgated pursuant to Article 11 of the New York State Energy Law. The provisions of the Energy Code shall not be deemed to nullify any federal, state or local law, ordinance, administrative code, rule or regulation relating to any matter as to which the Energy Code does not provide.
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.
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.
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