Q: When is the NYS Energy Code applicable to New York City Projects?
A: The following buildings must comply with the noted provisions of the Energy Conservation Construction Code of New York State:
-1- and 2-family detached residential buildings and all residential buildings of three stories or less must comply with Chapters 4, 5 or 6 of the Energy Conservation Construction Code of New York State (ECCCNYS)
-All other buildings, including residential buildings four stories or higher and excluding 1- and 2-family detached residences four stories or higher, must comply with Chapters 7 or 8 of the ECCCNYS
-Except where explicitly stated in the Code, ECCCNYS is not retroactive in existing buildings;
-Additions to existing buildings must comply with the ECCCNYS with respect to new construction;
-Alterations must comply with the Energy Code where 50% or more of any building system or subsystem, measured in appropriate units, is being replaced within any 12-month period, with some exceptions;
-In mixed-use buildings, each major use shall comply with the requirements of its occupancy.
The following buildings are exempt from the provisions of the ECCCNYS:
-Buildings with a peak design rate of nonrenewable energy usage less that 3.4 Btu/h/SF;
-Buildings whose energy usage for heating and/or cooling is entirely supplied from renewable energy sources;
-Historic buildings (see ECCCNYS §220.127.116.11 for detail);
-Nonresidential farm buildings (see ECCCNYS §18.104.22.168 for detail).
All New Building and Alteration Type-I Applications must now include an Energy Code statement on the plans and Applications:
"To the best of my knowledge, belief and professional judgment, these plans and specifications are in compliance with the Energy Conservation Construction Code of New York State, using Chapter ____.”
As of September 4, 2007, the Professional Statement and the Energy Analysis will be listed as a Required Item for New Buildings and Alteration Type 1 projects. Alteration Type 2 and Alteration Type 3 OT projects will have the same listed required items in November, 2007.
Excerpts from DOB Web site