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

Chapter 10 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)."

As used in this chapter.

ASHRAE 90.1—2013. The term "ASHRAE 90.1—2013" means the 2013 edition of the energy standard for buildings except low-rise residential buildings, standard reference number 90.1—2013, published by the American society of heating, refrigerating and air conditioning engineers (ASHRAE).

COVERED BUILDING. The term "covered building" has the same meaning as set forth in section 28-309.2.

NEW YORK STATE ENERGY CODE. 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 April 6, 2016 by the State Fire Prevention and Building Code Council pursuant to Article 11 of the New York State Energy Law.

PREDICTED ENERGY USE. For a building, the amount of energy that is expected to be used at the premises of such building based upon the design of such building as filed by an applicant with the department for approval.

PREDICTED ENERGY USE TARGET. For each type of buildings, as such types correspond to the prototypes set forth in ASHRAE 90.1—2013, a maximum allowable predicted energy use of such buildings that are new buildings or existing buildings undergoing substantial reconstruction, as determined pursuant to this article.

SUBSTANTIAL RECONSTRUCTION. The term "substantial reconstruction" means any alteration or improvement of an existing building, if such work involves alteration of 40 percent or more of the building envelope and any two of the following, within a period of 12 months: (i) replacement of the equipment that provides heating capacity, including service hot water to 50 percent or more of the building floor area; (ii) replacement of the equipment that provides cooling capacity to 50 percent or more of the building floor area; or (iii) replacement of 50 percent or more of the connected lighting load; provided that before the commissioner submits to the city council proposed amendments to this code that establish predicted energy use targets pursuant to section 28-1001.3.4, the New York city energy conservation code advisory committee established pursuant to section 28-1001.3.2 may recommend, and the commissioner may include in such amendments, an alternative definition of this term, including a definition that varies based on building type.

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.

1240.6 Exceptions.

  1. Historic buildings. The Energy Code shall not apply to the alteration or renovation of a historic building.
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 28-1001.3.2 for review and comment.
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.

For proposed amendments to this code submitted by the commissioner to the city council pursuant to section 28-1001.3.1, the commissioner, after receiving the advice and recommendations of the New York city energy conservation code advisory committee established pursuant to section 28-1001.3.2, shall for such amendments due to be submitted to the city council in 2019 and in 2022:

  1. Submit to the city council proposed amendments to this code to bring this code up to date with the most recent model stretch code published by the New York state energy research and development authority, provided that such model stretch code is more stringent than the New York state energy code in effect when such proposed amendments are submitted and provided further that such model stretch code was first published no more than three years before such proposed amendments are submitted;
  2. If no such model stretch code exists at the time such proposed amendments are to be submitted, (i) submit to the city council proposed amendments to this code to ensure that the predicted energy use of buildings designed and constructed in compliance with this code is, on average, expected to be no greater than 80 percent of the predicted energy use of such buildings if such buildings were designed and constructed in minimum compliance with ASHRAE 90.1—2013 or the New York state energy code, as such term was defined on December 1, 2017, and (ii) if the New York state energy code in effect when such proposed amendments are submitted includes a prescriptive compliance path, include in such proposed amendments a prescriptive compliance path to the extent that the commissioner determines such a path to be practicable under applicable federal and state law and rules and such other concerns as such advisory committee determine to be relevant; or
  3. If no such model stretch code exists and the commissioner determines that proposed amendments to this code to achieve compliance with item 2 would render the design and construction of buildings impracticable or unduly burdensome, (i) submit to the city council proposed amendments to ensure that the predicted energy use of buildings designed and constructed in compliance with this code is, to the greatest extent practicable, on average, less than the predicted energy use of such buildings if such buildings were designed and constructed in minimum compliance with ASHRAE 90.1—2013 or the New York state energy code, as such term was defined on December 1, 2017, provided that, together with such proposed amendments, the commissioner shall submit a report describing why proposed amendments to achieve compliance with such item would render the design and construction of buildings impracticable or unduly burdensome and the estimated percentage by which the average predicted energy use of buildings designed and constructed in compliance with this code would be less than the average predicted energy use of such buildings if such buildings were designed and constructed in minimum compliance with ASHRAE 90.1—2013 or the New York state energy code, as such term was defined on December 1, 2017, and (ii) if the New York state energy code in effect when such proposed amendments are submitted includes a prescriptive compliance path, include in such proposed amendments a prescriptive compliance path to the extent that the commissioner determines such a path to be practicable under applicable federal and state law and rules and such other concerns as such advisory committee determine to be relevant.

For proposed amendments to this code submitted by the commissioner to the city council pursuant to section 28-1001.3.1, the commissioner, after receiving the advice and recommendations of the New York city energy conservation code advisory committee established pursuant to section 28-1001.3.2, shall for such amendments due to be submitted to the city council in or after 2025 submit to the city council proposed amendments to this code to establish predicted energy use targets for covered buildings in the city. In addition:

  1. By no later than January 1 of the year before such amendments are due to be submitted to the city council, the commissioner, after receiving the advice and recommendations of such advisory committee, shall prepare and electronically submit to the mayor and the speaker of the council, and make publicly available online, a report recommending predicted energy use targets for covered buildings in the city. Such report shall include, at a minimum:

    1. 1.1. A metric for measuring the predicted energy use of covered buildings that can be used to meaningfully compare such use with the predicted energy use of other similar buildings;
    2. 1.2. For each type of covered building in the city, as such types correspond to the prototypes set forth in ASHRAE 90.1—2013, a predicted energy use target expressed in terms of such metric;
    3. 1.3. Results and analysis of energy modeling for a representative sample of each such type of covered building for which a predicted energy use target is being recommended;
    4. 1.4. Examples of designs of such buildings that would satisfy such targets, provided that, if the New York state energy code in effect at the time such report is compiled includes a prescriptive compliance path, such report shall include recommendations for a prescriptive compliance path to achieve such targets if such advisory committee determines such a path to be practicable under applicable federal and state law and rules and such other concerns as the commissioner determines to be relevant;
    5. 1.5. An analysis of the impact that such targets would have on construction costs and other costs;
    6. 1.6. Recommendations for accounting for predicted energy use based on the source of such energy, including but not limited to, a method for accounting for sources that are qualified energy resources, as such term is defined in section 45 of title 26 of the United States code in effect on January 1, 2017;
    7. 1.7. Recommendations for implementing such targets;
    8. 1.8. A description of why such targets would not render the design and construction of buildings impracticable or unduly burdensome; and
    9. 1.9. If such targets differ from the predicted energy use targets recommended by such advisory committee, a list of the predicted energy use targets recommended by advisory committee.
  2. The predicted energy use targets recommended by the commissioner shall be as stringent as practicable, provided that:

    1. 2.1. Except as provided in item 2.2, such recommended targets shall be such that the predicted energy use of buildings that are designed and constructed in compliance with such targets is, on average, expected to be no greater than 70 percent of the predicted energy use of such buildings if such buildings were designed and constructed in compliance with ASHRAE 90.1—2013 or the New York state energy code, as such term was defined on December 1, 2017;
    2. 2.2. If the commissioner determines that the predicted energy use targets necessary to achieve compliance with item 2.1 would render the design and construction of buildings impracticable or unduly burdensome, (i) such recommended targets shall minimize, to the greatest extent such advisory committee determines to be practicable, the average predicted energy use of buildings designed and constructed in compliance with such recommended targets and (ii) the report required pursuant to item 1 shall, in addition to the requirements of such item, describe why the predicted energy use targets necessary to achieve compliance with item 2.1 would render the design and construction of buildings impracticable and unduly burdensome and the estimated percentage by which the average predicted energy use of buildings designed and constructed in compliance with such recommended targets would be less than the average predicted energy use of such buildings if such buildings were designed and constructed in minimum compliance with ASHRAE 90.1—2013 or the New York state energy code, as such term was defined on December 1, 2017; and
    3. 2.3. Such recommended target for any type of building shall not be more stringent than the targets set forth in clause (B) of subparagraph (i) of the definition of low energy intensity target in paragraph 1 of subdivision l of section 224.1 of the New York city charter.
UpCodes Premium
Leverage the most sophisticated code compliance platform.
TRY FREE FOR TWO WEEKS VISIT PRICING