TITLE 28 NEW YORK CITY CONSTRUCTION CODES




ARTICLE 1001 ENACTMENT AND UPDATE OF THE NEW YORK CITY ENERGY CONSERVATION CODE

§28-1001.1 Adoption of the New York city energy conservation code. In accordance with section 11-109 of the New York state energy law, which permits any municipality to promulgate a local energy conservation construction code, the city of New York hereby adopts the New York state energy code in effect and any amendments thereto that are more stringent than such code adopted by the city of New York as the minimum requirements for the design, construction and alteration of buildings for the effective use of energy in the city. Such adoption shall be subject to amendments pursuant to local law and set forth in section 1001.2 of this chapter, which shall be known and cited as the "New York city amendments to the New York state energy code." The New York state energy code with such New York city amendments shall together be known and cited as the "New York city energy conservation code (NYCECC)."

§28-1001.1.1 Definition. As used in this chapter, the term "New York State Energy Code" means the New York State Energy Conservation Construction Code (the "New York State Energy Code"), constituting part 1240 of title 19 of the New York codes, rules and regulations (19 NYCRR Part 1240), and the publications incorporated by reference in such part, promulgated on November 18, 2014 by the State Fire Prevention and Building Code Council pursuant to Article 11 of the New York State Energy Law.

§28-1001.2 New York city amendments to the New York state energy code. The following New York city amendments to the New York state energy code are hereby adopted as set forth in sections 28-1001.2.1, 28-1001.2.2 and 28-1001.2.3.

§28-1001.2.1 New York city amendments to 19 NYCRR Part 1240.

1240.5 Exceptions.
Delete Exception (b) in its entirety and replace with a new Exception (b) to read as follows:

(b) Certain alterations. The following need not comply with the provisions of the New York State Energy 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.

§28-1001.2.2 New York city amendments to residential and commercial chapters of the New York state energy code.

§28-1001.2.3 New York city amendments to 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. The New York city amendments to ASHRAE 90.1-2010 are as follows:

§28-1001.3 Periodic update.

§28-1001.3.1 Periodic update. The commissioner shall submit to the city council proposed amendments that he or she determines should be made to this code to bring it up to date with or exceed the latest edition of the energy conservation construction code of New York state. The commissioner shall, at a minimum, submit such proposed amendments (i) following any revision of the energy conservation construction code of New York state that establishes more stringent requirements than those imposed by this code and (ii) no later than the end of the third year after the effective date of this section and every third year thereafter. Prior to such submission, such proposed amendments shall be submitted to an advisory committee established by the commissioner pursuant to section 28-1003.2 for review and comment.

§28-1001.3.2 New York city energy advisory committee. The commissioner shall establish a New York city energy conservation code advisory committee to provide advice and recommendations regarding such code and revisions thereto. Such committee shall include registered design professionals knowledgeable in energy efficiency, energy conservation, building design and construction; environmental advocates with expertise in energy efficiency and conservation; construction and real estate professionals; and representatives of appropriate labor organizations.
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