Copyright

Preface

Acknowledgements

Title 28 of the New York City Administrative Code Including the New York City Construction Codes

Article 1001 - Enactment and Update of the New York City Energy Conservation Code

Chapter 1 Administration

Chapter 2 Definitions

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

Chapter 4 Residential Energy Efficiency

Chapter 5 Reserved

Chapter 6 Referenced Standards

Chapter C2 Definitions

Chapter C3 General Requirements

Chapter C4 Commercial Energy Efficiency

Chapter C5 Reference Standards

Appendix A Modified Energy Standards for Buildings, Except for Low-Rise Residential Buildings

Introductory Statement

The New York City Energy Conservation Code ("NYCECC") is comprised of the New York State Energy Code ("NYSEC") with amendments as enacted into law by the New York City Council.

Reflecting changes in the New York State Energy Code, the NYCECC is divided into provisions relevant to residential buildings and provisions relevant to commercial buildings as follows:

1. The provisions of the NYCECC for residential buildings are reflected in the state publications incorporated by reference in 19 NYCRR section 1240.3, as amended by sections 28-1001.2.1, 28-1001.2.2 and 28-1001.2.3 of the administrative code of the city of New York. Such state publications include (i) Chapters 1, 2, 3, 4, and 6 of the 2010 ECCCNYS, as amended by Chapter 1 of the publication entitled the 2014 Supplement to the New York State Energy Conservation Construction Code (the "2014 Supplement"); and (ii) the referenced standards incorporated by reference in 19 NYCRR section 1240.3(b).

2. The provisions of the NYCECC for commercial buildings are reflected in the state publications incorporated by reference in 19 NYCRR section 1240.4, as amended by sections 28-1001.2.1, 28-1001.2.2 and 28-1001.2.3 of the administrative code of the city of New York. Such state publications include (i) Chapter 1 of the 2010 ECCCNYS, as amended by Chapter 1 of the 2014 Supplement; (ii) Chapters C2, C3, and C4 in the "commercial provisions" of the 2012 edition of the International Energy Conservation Code (the "2012 IECC"), as amended by Chapter 2 of the 2014 Supplement; (iii) the 2010 edition of Energy Standard for Buildings Except Low-Rise Residential Buildings ("ASHRAE 90.1-2010"), as amended by Chapter 3 of the 2014 Supplement; and (iv) reference standards incorporated by reference in 19 NYCRR section 1240.4(c).
These provisions shall be known and cited as the "New York City Energy Conservation Code," "NYCECC" or "ECC," and are referred to herein as "this code." All section numbers in this code shall be deemed to be preceded by the designation "ECC." Administration and enforcement of this code shall be in accordance with Title 28 of the Administrative Code.
The 2010 edition of the Energy Conservation Construction Code of New York State shall be known as the "2010 ECCCNYS."

The 2012 edition of the International Energy Code shall be known as the "2012 IECC."

The 2010 edition of the Energy Standard for Buildings Except Low-Rise Residential Buildings shall be known as "ASHRAE 90.1-2010." Where this code makes reference to ASHRAE 90.1-2010, such standard shall be as amended for New York City in accordance with Appendix A of this code.

The 2014 Supplement to the New York State Energy Conservation Construction Code shall be known as the "2014 Supplement."

Chapters 1, 2, 3, 4 and 6 of the 2010 ECCCNYS (as amended by Chapter 1 of the 2014 Supplement) and the referenced standards incorporated by reference in 19 NYCRR Section 1240.3(b) shall be known collectively as the "New York State Residential Energy Code."

Chapter 1 of the 2010 ECCCNYS (as amended by Chapter 1 of the 2014 Supplement), Chapters C2, C3, and C4 in the "commercial provisions" of the 2012 IECC (as amended by Chapter 2 of the 2014 Supplement), ASHRAE 90.1-2010 (as amended by Chapter 3 of the 2014 Supplement), and the referenced standards incorporated by reference in 19 NYCRR Section 1240.4(b), shall be known collectively as the "New York State Commercial Energy Code."

The New York State Residential Energy Code and the New York State Commercial Energy Code shall be known collectively as the "New York State Energy Code."

The New York State Energy Code along with the New York City amendments to the New York State Energy Code shall be known collectively as the "New York City Energy Conservation Code."
This code applies to residential buildings and commercial buildings as defined in Chapter 2 and Chapter C2 of this code.
Where reference is made within this code to the Building Code of New York State, Existing Building Code of New York State, Fire Code of New York State, Fuel Gas Code of New York State, Mechanical Code of New York State, Plumbing Code of New York State, Property Maintenance Code of New York State or Residential Code of New York State, the reference shall be deemed to be to the analogous provision(s) of Title 28 of the Administrative Code (the New York City Construction Codes), the 1968 Building Code, the New York City Fire Code or the New York City Electrical Code.
For determination of occupancy classification and use within this code, a comparable occupancy classification shall be made to the New York City Building Code.
Whenever any provision of the New York State Energy Code provides for a more stringent requirement than imposed by this code, the more stringent requirement shall govern.
The provisions of this code shall not be deemed to nullify any federal, state or local law, rule or regulation relating to any matter as to which this code does not provide.
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 that tend to minimize consumption of energy and utilize to the greatest extent practical solar and other renewable energy sources without abridging reasonable requirements for the safety, health 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.
The provisions of this code shall apply to the construction of 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.
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, (2) is listed in the National Register of Historic Places, either individually or as a contributing building to a historic district, (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 United States Secretary of the Interior, need not comply with this code.
It is intended that the residential provisions of the New York City Energy Conservation Code shall apply to additions, alterations, and renovations of existing residential buildings in all cases where the New York State Residential Energy Code would apply, and that the commercial provisions of the New York City Energy Conservation Code shall apply to additions, alterations, and renovations of existing commercial buildings in all cases where ASHRAE 90.1-2010 would apply. Additions, alterations, renovations or repairs to an existing building, building system, equipment or portion thereof, other than repairs of equipment, shall conform to the provisions of this code as they relate to new construction without requiring the unaltered portion of the existing building, building system or equipment to comply with this code. Additions, alterations, renovations or repairs shall not create an unsafe or hazardous condition or overload existing building systems. An addition shall be deemed to comply with this code if the addition alone complies or if the existing building and addition comply with this code as a single building.

Exception: The following need not comply with the provisions of this code 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, provided that the U-factor and the solar heat gain coefficient (SHGC) shall be equal to or lower than before the glass replacement.

3. Alterations, renovations or repairs to roof/ceiling, wall or floor cavities, including spaces between furring strips, provided that such cavities are insulated to the full existing cavity depth with insulation having a minimum nominal value of R-3.0/inch (R-2.0/cm).

4. Alterations, renovations or repairs to walls and floors in cases 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.
Additions shall comply with Sections 101.4.3.1.1 and 101.4.3.1.2 or alternatively with ASHRAE 90.1-2010 as amended by Appendix A of this code.
New vertical fenestration area that results in a total building fenestration area less than or equal to that specified in Section C402.3.1 shall comply with Section C402.3. Additions with vertical fenestration that result in a total building fenestration area greater than Section C402.3.1 or additions that exceed the fenestration area greater than Section C402.3.1 shall comply with Section C402.3.1.1 for the addition only. Additions that result in a total building vertical glass area exceeding that specified in Section C402.3.1.1 shall comply with Section C407.
New skylight area that results in a total building fenestration area less than or equal to that specified in Section C402.3.1 shall comply with Section C402.3. Additions with skylight area that result in a total building skylight area greater than Section C402.3.1 or additions that exceed the skylight area greater than Section C402.3.1 shall comply with Section C402.3.1.2 for the addition only. Additions that result in a total building skylight area exceeding that specified in Section C402.3.1.2 shall comply with Section C407.
New building envelope assemblies that are part of the alteration shall comply with Sections 101.4.3.2.1 and 101.4.3.2.2 or alternatively with ASHRAE 90.1-2010 as amended by Appendix A of this code.
The addition of vertical fenestration that results in a total building fenestration area less than or equal to that specified in Section C402.3.1 shall comply with Section C402.3. The addition of vertical fenestration that results in a total building fenestration area greater than Section C402.3.1 shall comply with Section C402.3.1.1 for the space adjacent to the new fenestration only. Alterations that result in a total building vertical glass area exceeding that specified in Section C402.3.1.1 shall comply with Section C407.
The addition of skylight area that results in a total building skylight area less than or equal to that specified in Section C402.3.1 shall comply with Section C402.3. The addition of skylight area that results in a total building skylight area greater than Section C402.3.1 shall comply with Section C402.3.1.2 for the space adjacent to the new skylights. Alterations that result in a total building skylight area exceeding that specified in Section C402.3.1.2 shall comply with Section C407.
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 of a space changes from one use in Table C405.5.2(1) or (2) to another use in Table C405.5.2(1) or C405.5.2(2), the installed lighting wattage shall comply with Section C405.5.
Any non-conditioned space that is altered to become conditioned space shall comply with this code.
Where a building includes both residential and commercial occupancies, each occupancy shall be separately considered and shall meet the applicable provisions of Chapter 4 for residential and Chapter C4 for commercial.
Residential buildings shall comply with the provisions of the New York City Energy Conservation Code applicable to residential buildings. Commercial buildings shall comply with the provisions of the New York City Energy Conservation Code applicable to commercial buildings.
The use of computer software to demonstrate compliance with this code shall be in accordance with the requirements of Sections 101.5.1.1 or 101.5.1.2.
Compliance with the residential provisions of the New York City Energy Conservation Code can be demonstrated through the use of (i) computer software that is developed by the United States Department of Energy (such as REScheck, REM/Rate home energy rating or REM/Design Home energy analysis software) specifically for the New York State Residential Energy Code, or (ii) any other building energy modeling or home energy rating (HERS) software that shall have been expressly approved in writing by the New York Secretary of State as acceptable for demonstrating compliance with the New York State Residential Energy Code. Software programs used to show compliance with the residential provisions of the New York City Energy Conservation Code must indicate compliance with the New York State Residential Energy Code, and must reflect the actual requirements of the residential provisions of the New York City Energy Conservation Code. When using the software approach to show compliance, the mandatory code provisions of the residential provisions of the New York City Energy Conservation Code must be followed.
Compliance with the commercial provisions of the New York City Energy Conservation Code can be demonstrated through the use of (i) computer software that is developed by the United States Department of Energy (such as COMCheck) specifically for the New York State Commercial Energy Code (or specifically for ASHRAE 90.1-2010, as amended by Chapter 3 of the 2014 Supplement), or (ii) other software that shall have been expressly approved in writing by the New York Secretary of State as acceptable for demonstrating compliance with the New York State Commercial Energy Code (or for demonstrating compliance with ASHRAE 90.1-2010, as amended by Chapter 3 of the 2014 Supplement). Software programs used to show compliance with the commercial provisions of the New York City Energy Conservation Code must indicate compliance with the New York State Commercial Energy Code (or compliance with ASHRAE 90.1-2010, as amended by Chapter 3 of the 2014 Supplement), and must reflect the actual requirements of the commercial provisions of the New York City Energy Conservation Code (or the actual requirements of ASHRAE 90.1-2010, as amended by Appendix A of this code). When using the software approach to show compliance with the commercial provisions of the New York City Energy Conservation Code, the mandatory code provisions in Chapters C2 through C5 (or, if applicable, the mandatory provisions of ASHRAE 90.1-2010, as amended by Appendix A of the New York City Energy Conservation Code) must be followed.
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. Those with a peak design rate of energy use less than 3.4 Btu/h per square foot (10.7 W/m2) or 1.0 watt per square foot (10.7 W/m2) of floor area for space conditioning purposes.

2. Those that do not contain conditioned space.
For a building project application or applications required to be submitted to the department, the following documentation, as further described in the rules of the department, shall be required in order to demonstrate compliance with this code:
Any registered design professional or lead energy professional filing an application or applications for a new building or alteration project shall provide on a signed and sealed drawing a statement of compliance or exemption in accordance with the rules of the department.
For any application that is not exempt from this code and for which a work permit is required in accordance with Section 28-105 of the Administrative Code, an energy analysis shall be provided on a sheet or sheets within the construction drawing set. The energy analysis shall identify the compliance path followed, demonstrate how the design complies with this code and be in a format as prescribed in the rules of the department. The energy analysis shall meet the requirements of this code for the entire project. Projects that utilize trade-offs among disciplines shall use DOE2-based energy modeling programs or other energy-modeling programs as prescribed in the rules of the department and shall be signed and sealed by a lead energy professional.
For any application that is not exempt from this code and for which a work permit is required in accordance with Section 28-105 of the Administrative Code, supporting documentation shall be required in the approved construction drawings. See Section 103 for further requirements.
If a section, subsection, sentence, clause or phrase of this code is, for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this code.
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 material, method of construction, design or insulating system has been approved by the commissioner as (1) meeting the intent of this code, (2) achieving energy savings that are equivalent to or greater than would be achieved using prescribed materials, methods of construction, designs or insulating systems, and (3) meeting the requirements of Article 113 of Chapter 1 of Title 28 of the Administrative Code and the remaining New York City Construction Codes.
The commissioner shall be permitted to find that a national, state or local energy efficiency program exceeds 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. Notwithstanding approval by such an energy efficiency program, the requirements identified as "mandatory" in Chapters 4 and C4 of this code shall still apply.
Construction documents shall be prepared in accordance with the provisions of Chapter 1 of Title 28 of the Administrative Code, the New York City Construction Codes, including this code, and the rules of the department.
Supporting documentation shall include those construction documents that demonstrate compliance with this code.
Supporting documentation shall accomplish the following:

1. Demonstrate conformance of approved drawings to the energy analysis for every element and value of the energy analysis;

2. Demonstrate conformance of approved drawings to other mandatory requirements of this code, including, but not limited, to, sealing against air leakage from the building envelope and from ductwork as applicable, insulation of ducts and piping as applicable, mechanical and lighting controls with devices shown and operational narratives for each, and additional requirements as set forth in this section;

3. Identify required progress inspections in accordance with the scope of work, this code, the Administrative Code, the New York City Building Code and the rules of the department; and

4. Comply with other requirements as may be set forth in the rules of the department.
Construction documents shall be drawn to scale upon suitable material. Electronic media documents are permitted to be submitted in accordance with department procedures. Construction documents for a project shall be fully coordinated and 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, 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 and controls; duct sealing, duct and pipe insulation and location; lighting fixture schedule with wattages and control narrative; and air sealing details.
In accordance with Article 104 of Chapter 1 of Title 28 of the Administrative Code, the department 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, rules and regulations.
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.
Except as otherwise specifically provided, inspections required by this code or by the department during the progress of work may be performed on behalf of the owner by an approved agency. All inspections shall be performed at the sole cost and expense of the owner. Refer to Article 116 of Chapter 1 of Title 28 of the Administrative Code for additional provisions relating to inspections. In addition to any inspections otherwise required by this code or the rules of the department, the following inspections shall be required:

1. Progress inspections. Progress inspections shall be performed in accordance with the rules of the department.

2. Final inspection. Refer to Article 116 of Chapter 1 of Title 28 of the Administrative Code and the rules of the department.

3. Issuance of Certificate of Compliance. Refer to Section 28-116.4.1 of the Administrative Code.

The requirements of Section 104.1 shall not be read to prohibit the operation of any heating equipment or appliances installed to replace existing heating equipment or appliances serving an occupied portion of a structure provided that a request for inspection of such heating equipment or appliances has been filed with the department not more than 48 hours after such replacement work is completed, and before any portion of such equipment or appliances is concealed by any permanent portion of the structure.
Refer to Article 114 of Chapter 1 of Title 28 of the Administrative Code and the rules of the department.
Prior to the issuance of a work permit for a prefabricated construction assembly having concealed mechanical work, the department shall require the submittal of an evaluation report by the manufacturer or approved agency on each prefabricated construction assembly, indicating the complete details of the mechanical system, including a description of the system and its components, the basis upon which the system is being evaluated for energy use, test results and similar information, and other data as necessary for the commissioner to determine conformance to this code.
Required test and inspection records shall be made available to the commissioner at all times during the fabrication of the mechanical system and the erection of the building; or such records as the commissioner designates shall be filed.
Envelope, heating, ventilating, air conditioning, service water heating, lighting and electrical systems shall be tested as required in this code and in accordance with Sections 104.2.1 through 104.2.3. Except as otherwise required in this code or in the rules of the department, tests shall be made by the permit holder and witnessed by an approved agency.
New envelope, heating, ventilating, air conditioning, service water heating, lighting and electrical installations or systems, and parts of existing systems that have been altered, extended, renovated or repaired, shall be tested as prescribed herein or in the rules of the department to disclose leaks and defects.
Apparatus, instruments, material and labor required for testing an envelope, heating, ventilating, air conditioning, service water heating, lighting and/or electrical installation or system or part thereof shall be furnished by the permit holder.
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 the New York City Construction Codes, including this code. The work or installation shall then be reinspected or retested by the approved agency.
In addition to the requirements of Article 116 of Chapter 1 of Title 28 of the Administrative Code, Section 103.4 of this code and other requirements for sign-off, the project team shall either certify that construction does not differ from the last approved energy analysis or provide a whole-project as-built energy analysis and supporting documents, signed and sealed, for approval prior to sign-off. The as-built energy analysis and supporting documents shall reflect the materials, equipment and values actually used in the construction of the project, and shall demonstrate compliance of the constructed project with this code. Such signed and sealed documents may be accepted with less than full examination by the department based on the professional certification of the registered design professional.
The commissioner shall have the authority to allow the temporary connection of an installation to the sources of energy for the purpose of testing the installation or for use under a temporary certificate of occupancy.
The standards referenced in Chapters 2, 3, and 4 of the New York City Energy Conservation Code shall be those that are listed in Chapter 6 of the New York City Energy Conservation Code, and in the rules of the department and such standards shall be considered part of the requirements of the residential provisions of the New York City Energy Conservation Code to the prescribed extent of each such reference. The standards referenced in Chapters C2, C3, and C4 of the New York City Energy Conservation Code shall be those that are listed in Chapter C5 of the New York City Energy Conservation Code, and in the rules of the department and such standards shall be considered part of the requirements of the commercial provisions of the New York City Energy Conservation Code to the prescribed extent of each such reference. Where differences occur between provisions of this code and the referenced standards, the provisions of this code shall apply. Refer to Article 103 of Chapter 1 of Title 28 of the Administrative Code for additional provisions relating to referenced standards.
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