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Energy Code: Additional Information and Variances

The following additional information tells you about the publication of the New York City Energy Conservation Code (NYCECC), regulations related to the NYCECC, and sources and descriptions of software programs, training opportunities and valuable links.

Code Availability

The 2011 New York City Energy Conservation Code is scheduled for publication in the near future. Until then, the following linked documents comprise the code. We recommend that you print out the local laws and insert them into your State Code book: 

Local Law 1 of 2011 (PDF)
Local Law 48 of 2010 (PDF)
The 2010 ECCCNYS (PDF) (Individual sections may be reviewed for free at http://www.iccsafe.org/Store/Pages/FreeCodes.aspx )

The 2010 ECCCNYS is available for purchase either at the CityStore or on the International Code Council’s website at http://www.iccsafe.org. Click on the ICC Store and then on state and local codes. Be sure to purchase the current New York State version

Related Regulations 

Implementing rules and buildings bulletins interpreting the NYCECC for existing building alterations include: 

1 RCNY §5000-01 - Energy Code Compliance Rule
1 RCNY §101-07(c)(3) – Approved Agencies Rule – Progress Inspectors
2010-031 – HVAC/Service Hot Water Buildings Bulletin
2010-032 – Lighting/Power Buildings Bulletin
2011-015 – Envelope Buildings Bulletin

Software

REScheck, COMcheck and DOE2-based software can used to conduct the energy analysis and are available for free on the US Department of Energy’s website and may be used as follows:

  • REScheck: The full report shall be provided, including the building envelope, HVAC/service water heating and checklists. The New York State version must be used. The IECC version of REScheck is not acceptable
  • COMcheck: Depending on whether you use Chapter 5 of the 2011 NYCECC or ASHRAE Standard 90.1/2007 for compliance, the respective version of COMcheck should be used. Use the New York State 2010 version for Chapter 5 compliance and the ASHRAE 90.1/2007 version for compliance with that standard. The IECC version of COMcheck is not acceptable
  • DOE2: For more complex energy modeling, including where trade-offs among disciplines or renewable energy sources are used, a DOE2-based software should be used. This software is available at http://simulationresearch.lbl.gov/. Such software, including updates, may include DOE2.1E, VisualDOE, EnergyPlus or eQuest. Other energy modeling programs must be approved by the Secretary of State of New York and the Buildings Commissioner prior to submission 

Variances

In accordance with Article 11 of the New York State Energy Law, only the Secretary of State has the authority to provide waivers from Energy Code compliance, not the local jurisdiction. Contact the Codes Division of the Department of State for an application for variance at (518) 474-4073 or by email at codes@dos.state.ny.us.

Technical Assistance and Training Opportunities

Six detailed training modules have been posted on our website – see the Energy Code Training Modules page for more information -- and are available free for use by professionals, plan examiners, builders and inspectors. These modules, funded through a grant from the American Recovery and Reinvestment Act of 2009, constitute a 2-day live training.  The Modules include:  

  • Administration and Procedures
  • Residential Buildings
  • Commercial Envelope
  • Commercial HVAC 1 – Mandatory Requirements and Simple Systems
  • Commercial HVAC 2 – Complex Systems
  • Commercial Lighting and Power 

The New York State Energy Research and Development Authority offers valuable assistance to firms for specific projects through NYC Metro Area experts. Try these as yet undiscovered plan review and support services at https://nyserdacodetraining.com/cros.php. NYSERDA also has in-person training programs and, in conjunction with the International Code Council, online trainings for ICC certifications available through the same website.  

The United States Department of Energy, the International Code Council and the New York State Department of State provide substantial information, guidance and training opportunities on their websites, see links below. 

Information for Homeowners

How the Energy Code may affect your new home or home alteration 

Since 1979, new construction and major alterations have been required to comply with the State Energy Code. In July of 2010, New York City initiated its own New York City Energy Conservation Code (NYCECC), applicable to all alterations. For homeowners, this means that when you add an addition to your home or renovate it, you will have to comply with the NYCECC, but it also means that your home will be more energy efficient, saving you money on your energy bills and helping the City to reduce its carbon footprint. 

Whether you are building a new home, or adding onto or renovating your current home, your architect or engineer may advise you that certain additional requirements must be incorporated into your plans in order to be in compliance with the NYCECC. You can always verify the status of your application and what requirements need to be met before construction begins, by visiting our website at www.nyc.gov/buildings and using the Building Information search tool on the homepage. 

What is involved in complying with the NYCECC 

The purpose of the NYCECC to:

  • Make sure buildings are properly sealed by providing a tight and insulated envelope (roof, walls, windows, foundation) to keep heating and cooling inside the building while still providing fresh outside air
  • Illuminate buildings' interiors using efficient lighting and as much daylight as possible to accomplish this
  • Heat and cool buildings using as much recycled energy as possible to reduce buildings' power consumption, i.e. using furnaces and air conditioning units that are sized appropriately for the size of your home 

When creating plans for your home, in order to comply with the NYCECC your architect and/or engineer must meet certain values for the insulation, windows, heating system, ventilation system, air conditioning, hot water equipment, lighting and the power system.  

Helpful Links

U.S. Department of Energy 
U.S. Department of Energy - Training/Education 
NYS Department of State Energy Code 
NYS Energy Research and Development Authority (NYSERDA) 
ASHRAE Standard on Commissioning 
US Department of Interior - Office of Historic Preservation 
New York State - Office of Historic Preservation
International Code Council 

Questions

If you have any additional questions about the NYCECC, please send an email to the Department at energycode@buildings.nyc.gov. Also, wee the Energy Code FAQs page for more information.  

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