ADOPTS WITH AMENDMENTS:

International Energy Conservation Code 2018 (IECC 2018)

ECCCNYS — Commercial Provisions

ECCCNYS — Residential Provisions

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

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 Part 1240 ("19 NYCRR Part 1240", and in the publications incorporated by reference in 19 NYCRR Part 1240.

This publication (the 2020 Energy Conservation Construction Code of New York State, hereinafter referred to as the "ECCCNYS") is one of the publications incorporated by reference in 19 NYCRR Part 1240. The provisions set forth in this publication are part of the Energy Code.

The Energy Conservation Construction Code of New York State has two separate sets of provisions. This set of provisions (the "ECCCNYS—Commercial Provisions") includes provisions applicable to commercial buildings. The other set of provisions (the "ECCCNYS—Residential Provisions") includes provisions applicable to residential buildings.

The Energy Code shall be administered and enforced in accordance with the strictest of any of the following:

  1. 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.
  2. 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.
  3. The requirements set forth in this Chapter 1 [CE] and, as applicable, in Chapter 1 [RE] of this publication.
This portion of the ECCCNYS shall be known as the "ECCCNYS—Commercial Provisions," and shall be cited as such. References in the ECCCNYS—Commercial Provisions to "this code" shall be construed as references to the ECCCNYS—Commercial Provisions.

This code applies to commercial buildings and the buildings' sites and associated systems and equipment.

Exception: 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 luminaries in a space, provided that such alterations do not increase the installed interior lighting power; or alterations that replace only the bulb and ballast within the existing luminaries in a space provided that the alteration does not increase the installed interior lighting power.

Provisions in the following appendix have not been adopted and are included for informational purposes only:

Appendix CA Solar-Ready Zone — Commercial

The ECCCNYS—Commercial Provisions 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 ECCCNYS—Commercial Provisions are intended to provide flexibility to permit the use of innovative approaches and techniques to achieve the objectives set forth in the preceding paragraph. However, nothing in this Section C101.4 shall be construed as permitting any building 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 ECCCNYS—Commercial Provisions 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.

The ECCCNYS—Commercial Provisions are not intended to abridge safety, health or environmental requirements contained in other applicable statutes, laws, rules, regulations, codes or ordinances. However, nothing in Section C101.4 shall be construed as limiting the provisions of Section 11-103(3) of the New York State Energy Law, which provides that (1) any code, rule, or regulation promulgated or enacted prior to June 19, 1978 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, is superseded by the Energy Code and (2) on and after June 19, 1978, the State Fire Prevention and Building Code Council, in accordance with the mandate under Article 11 of the New York State Energy Law, shall have exclusive authority among state agencies to promulgate a construction code incorporating energy conservation features.

Residential buildings shall meet the provisions of ECCCNYS—Residential Provisions.

Commercial buildings shall meet the provisions of ECCCNYS—Commercial Provisions. To the extent permitted by 19 NYCRR Part 1240, commercial buildings may comply with ASHRAE 90.1—2016 (as amended) in lieu of complying with the ECCCNYS—Commercial Provisions.

Compliance with the ECCCNYS—Commercial Provisions or, if applicable, with ASHRAE 90.1—2016 (as amended) can be demonstrated using:

  1. Computer software that is developed by the United States Department of Energy (such as COMcheck) specifically for the ECCCNYS—Commercial Provisions or, if applicable, specifically for ASHRAE 90.1—2016 (as amended), including DOE-2 modeling software as allowed by Section C407, 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 ECCCNYS—Commercial Provisions or, if applicable, for demonstrating compliance with ASHRAE 90.1—2016, as amended.

    Software programs used to demonstrate compliance must indicate compliance with the ECCCNYS—Commercial Provisions or, if applicable, compliance with ASHRAE 90.1—2016, as amended), and must reflect the actual requirements of the ECCCNYS—Commercial Provisions or, if applicable, the actual requirements of ASHRAE 90.1—2016 as amended.

The use of the software approach to demonstrate compliance with the ECCCNYS—Commercial Provisions does not excuse compliance with any mandatory provision of the ECCCNYS—Commercial Provisions. When using the software approach to demonstrate compliance with the provisions of the ECCCNYS—Commercial Provisions, compliance with all applicable mandatory provisions of the ECCCNYS—Commercial Provisions will still be required.

The use of the software approach to demonstrate compliance with ASHRAE 90.1—2016 (as amended) does not excuse compliance with any mandatory provision of ASHRAE 90.1—2016 (as amended). When using the software approach to demonstrate compliance with ASHRAE 90.1—2016 (as amended), compliance with all applicable mandatory provisions of ASHRAE 90.1—2016 (as amended), will still be required.

In the event of an addition to or alteration of an existing building or building system in an existing building, nothing in the ECCCNYS— Commercial Provisions or in any other provision of the Energy Code shall be interpreted to require any unaltered portion of such existing building or building system to comply with the Energy Code.
Historic buildings are exempt from the Energy Code.

The ECCCNYS—Commercial Provisions apply to (1) the construction of new commercial buildings, (2) additions to and alterations of existing commercial buildings, (3) additions to and alterations of building systems in existing commercial buildings.

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.

Where a building includes both residential building and commercial building portions, each portion shall be separately considered and:

  1. Each commercial building portion shall meet the applicable provisions of ECCCNYS—Commercial Provisions or, to the extent permitted by 19 NYCRR Part 1240, the applicable provisions of ASHRAE 90.1—2016 (as amended), and
  2. Each residential building portion shall meet the applicable provisions of the ECCCNYS—Residential Provisions.
The ECCCNYS—Commercial Provisions shall not be deemed to nullify any provisions of local, state or federal law, statute, rule, regulation or ordinance relating to any matter as to which the ECCCNYS—Commercial Provisions does not provide.
Pursuant to Section 11-103(3) of the New York State Energy Law, (1) any code, rule, or regulation promulgated or enacted prior to June 19, 1978 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, is superseded by the Energy Code and (2) on and after June 19, 1978, the State Fire Prevention and Building Code Council, in accordance with the mandate under Article 11 of the New York State Energy Law, shall have exclusive authority among state agencies to promulgate a construction code incorporating energy conservation features.
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.
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 the ECCCNYS—Commercial Provisions.
The codes and standards referenced in the ECCCNYS—Commercial Provisions shall be those listed in Chapter 6 [CE], and such codes and standards shall be considered as part of the requirements of the ECCCNYS—Commercial Provisions to the prescribed extent of each such reference and as further regulated in Sections C102.4.1 and C102.4.2.
Where conflicts occur between provisions of the ECCCNYS—Commercial Provisions and referenced codes and standards, the provisions of the ECCCNYS—Commercial Provisions shall apply.
Where the extent of the reference to a referenced code or standard includes subject matter that is within the scope of the ECCCNYS—Commercial Provisions, the provisions of the ECCCNYS—Commercial Provisions, as applicable, shall take precedence over the provisions in the referenced code or standard.
If a portion of the Energy Code is held to be illegal or void by a court of competent jurisdiction, such a decision shall not affect the validity of the remainder of the Energy Code.
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 building official responsible for the administration and enforcement of the provisions of the Energy Code.

A request for an interpretation shall be signed by the building permit applicant and the building 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 building 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 building 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 the Energy 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 building 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 building 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 Secretary of State 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 building 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 building 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 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.
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, such municipality or any official designated by such municipality is permitted to interpret those provisions of such local energy code that are (1) in addition to the provisions of the 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 such municipality or an official designated by such municipality 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.

The ECCCNYS—Commercial Provisions are not intended to prevent the use of any material design or method of construction, or insulating system not specifically prescribed by this code, provided that such alternative shall have been approved by the building official, in writing, as (1) meeting the intent of the provisions of this code, and (2) achieving energy savings that is equivalent or greater than that which would be achieved by the prescribed material, design, method, or insulating system.

However, nothing in this Section C102.1 shall be construed as permitting any building official or any governmental unit or agency responsible for administration and enforcement of the Energy Code to waive, vary, modify, or otherwise alter any provision, standard, or requirement of the Energy Code. Provisions, standards, or requirements of the Energy Code may be waived, varied, modified, or otherwise altered only pursuant to Section 11-106 of the New York State Energy Law.

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.

Construction documents shall be drawn to scale on suitable material. Electronic media documents are permitted to be submitted where approved by the building 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, the following as applicable:

  1. Insulation materials and their R-values.
  2. Fenestration U-factors and solar heat gain coefficients (SHGCs).
  3. Area-weighted U-factor and solar heat gain coefficient (SHGC) calculations.
  4. Mechanical system design criteria.
  5. Mechanical and service water heating systems 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 thermal envelope shall be represented on the construction drawings.
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.
The building 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 building official is authorized to utilize a registered design professional, or other approved entity not affiliated with the building design or construction, in conducting the review of the plans and specifications for compliance with the Energy Code.

When the building 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 building official. Work shall be done in accordance with the approved construction documents.

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

The Energy Code shall not require changes in the construction documents, construction or designated occupancy of a structure for which a lawful permit has been issued prior to the effective date of the rule making the ECCCNYS part of the Energy Code, and the construction of which has been pursued in good faith within 180 days after the effective date of such rule and is thereafter diligently pursued through completion.
The building 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 that adequate information and detailed statements have been filed complying with all pertinent requirements of this 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.
Construction or work for which a permit is required shall be subject to inspection by the building 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 building official.

Work shall not be done beyond the point indicated in each successive inspection without first obtaining the approval of the building official. The permit holder or the permit holder's agent shall notify the building official when work has progressed to the point where the next required inspection described in Section C106.2 can be made.

The building official (or other qualified inspector approved by the building official pursuant to Section C105.1), shall make such inspection, and the building 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 building 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 Title 28 of the New York City Administrative Code.

The building official (or other qualified inspector approved by the building official pursuant to Section C106.1), upon notification, shall make the inspections set forth in Sections C106.2.1 through C106.2.6.
Inspections shall verify the footing and foundation insulation R-value, location, thickness, depth of burial and protection of insulation as required by the code, approved plans and specifications.
Inspections shall verify the correct type of insulation, R-values, location of insulation, fenestration, U-factor, SHGC and VT, and that air leakage controls are properly installed, as required by the code, approved plans and specifications.
Inspections shall verify the type of insulation, R-values, protection required, controls and heat traps as required by the code, approved plans and specifications.
Inspections shall verify the installed HVAC equipment for the correct type and size, controls, insulation, R-values, system and damper air leakage, minimum fan efficiency, energy recovery and economizer as required by the code, approved plans and specifications.
Inspections shall verify lighting system controls, components, and meters as required by the code, approved plans and specifications.
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 building 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.
A registered design professional shall provide to the building 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 building 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.
A building shall be reinspected where determined necessary by the building official.
The building official is authorized to accept reports of third-party inspection agencies not affiliated with the building design or construction, provided that such agencies are approved as to qualifications and reliability relevant to the building components and building systems that they are inspecting.
It shall be the duty of the holder of the permit or their duly authorized agent to notify the building 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.
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 building official for reinspection and retesting.
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 building official.
The building official is authorized to suspend or revoke, in writing, a notice of approval issued wherever the building official determines the notice 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 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 building official or by his or her designated agent.
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