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 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 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.
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.
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.
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 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.
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.
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.
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.