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—Residential Provisions") includes provisions applicable to residential buildings. The other set of provisions (the "ECCCNYS—Commercial Provisions") includes provisions applicable to commercial buildings.
The Energy Code shall be administered and enforced in accordance with the strictest of:
- 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,
- 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
- The requirements set forth in this Chapter 1 [RE] and, as applicable, in Chapter 1 [CE] of this publication.
This portion of the ECCCNYS shall be known as "ECCCNYS—Residential Provisions." References in the ECCCNYS—Residential Provisions to "this code" shall be construed as references to the ECCCNYS—Residential Provisions.
This code applies to residential buildings and the building sites and associated systems and equipment.
The Energy Code shall not apply to any of the following, provided that the energy use of the building is not increased:
- Storm windows installed over existing fenestration;
- Glass only replacements in an existing sash and frame;
- Existing ceiling, wall or floor cavities exposed during construction provided that these cavities are filled with insulation;
- Construction where the existing roof, wall or floor cavity is not exposed;
- 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;
- 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;
- 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
- 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.
Provisions in the following appendix have not been adopted and are included for informational purposes only:
Appendix RA Solar-Ready Zone — Residential
The ECCCNYS—Residential Provisions regulate the design and construction of new residential buildings; additions to, alterations of, and/or renovations of existing residential buildings; and additions to, alterations of, and/or renovations of building systems in existing residential buildings for the use and conservation of energy over the life of each such residential building.
The ECCCNYS—Residential 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 R101.4 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—Residential 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—Residential 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 R101.4 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—Residential Provisions can be demonstrated using either of the following:
- Computer software that is developed by the United States Department of Energy (such as REScheck) specifically for the ECCCNYS—Residential Provisions, or
- 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—Residential Provisions.
Software programs used to demonstrate compliance must indicate compliance with the ECCCNYS—Residential Provisions and must reflect the actual requirements of the ECCCNYS—Residential Provisions.
The use of the software approach to demonstrate compliance with the ECCCNYS—Residential Provisions does not excuse compliance with any mandatory provision of the ECCCNYS—Residential Provisions. When using the software approach to demonstrate compliance with the provisions of the ECCCNYS—Residential Provisions, compliance with all applicable mandatory provisions of the ECCCNYS—Residential Provisions 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—Residential 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—Residential Provisions apply to (1) the construction of new residential buildings, (2) additions to and alterations of existing residential buildings, (3) additions to and alterations of building systems in existing residential 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:
- 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
- Each residential building portion shall meet the applicable provisions of the ECCCNYS—Residential Provisions.
The provisions of this code 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 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.
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—Residential Provisions.
The codes and standards referenced in the ECCCNYS—Residential Provisions shall be those indicated in Chapter 6 [RE], and such codes and standards shall be considered as part of the requirements of the ECCCNYS—Residential Provisions to the prescribed extent of each such reference and as further regulated in Sections R102.4.1 and R102.4.2.
Where conflicts occur between provisions of the ECCCNYS—Residential Provisions and referenced codes and standards, the provisions of the ECCCNYS—Residential 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—Residential Provisions, the provisions of the ECCCNYS—Residential 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:
- Name, address, and telephone number of the building permit applicant and the building official;
- 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;
- Identification of each requirement of the Energy Code for which an interpretation is requested;
- A concise summary of the disagreement concerning the application of each such requirement for which an interpretation is requested; and
- 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:
- Receipt of a complete request for an interpretation signed by both the building permit applicant and the building official,
- Receipt of comments when the request for an interpretation is signed by only one party, or
- 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 a municipality or an official designated by a 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—Residential 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 method of construction, design or insulating system.
However, nothing in this Section R104.1 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, technical reports and other supporting data shall be submitted in one or more sets with each application for a permit. The construction documents and technical reports shall be prepared by a registered design professional as required by 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 the following as applicable:
- Insulation materials and their R-values.
- Fenestration U-factors and solar heat gain coefficients (SHGC).
- Area-weighted U-factor and solar heat gain coefficients (SHGC) calculations.
- Mechanical system design criteria.
- Mechanical and service water-heating systems and equipment types, sizes and efficiencies.
- Equipment and system controls.
- Duct sealing, duct and pipe insulation and location.
- Air sealing details.
The building thermal envelope shall be represented on the construction documents.
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 this 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 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 ECCCNYS—Residential Provisions 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 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.
Construction or work for which a permit is required shall be subject to inspection by the building official or an inspector who is (1) qualified to perform the inspections (such qualifications to include, where required, completion of the training required by 19 NYCRR Part 1208) and (2) 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 R106.2 can be made.
The building official (or other qualified inspector approved by the building official pursuant to Section R106.1), 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 R106.1), upon notification, shall make the inspections set forth in Sections R106.2.1 through R106.2.5.
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 code and approved plans and specifications.
Inspections at framing and rough-in shall be made before application of interior finish and shall verify compliance with the code as to: types of insulation and corresponding R-values and their correct location and proper installation; fenestration properties such as U-factor and SHGC and proper installation; and air leakage controls as required by the code; and approved plans and specifications.
Inspections at plumbing rough-in shall verify compliance as required by the code and approved plans and specifications as to types of insulation and corresponding R-values and protection, and required controls.
Inspections at mechanical rough-in shall verify compliance as required by the code and approved plans and specifications as to installed HVAC equipment type and size, required controls, system insulation and corresponding R-value, system air leakage control, programmable thermostats, dampers, whole-house ventilation, and minimum fan efficiency.
Exception: Systems serving multiple dwelling units shall be inspected in accordance with Section C106.2.4 of the ECCCNYS—Commercial Provisions.
The building shall have a final inspection and shall not be occupied until approved. The final inspection shall include verification of the installation of all required building systems, equipment and controls and their proper operation and the required number of high-efficacy lamps and fixtures.
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 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 to achieve compliance with the ECCCNYS—Residential Provisions. 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 this code, a notice of approval shall be issued by the building official.
The building official is authorized to, in writing, suspend or revoke 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.