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Energy Code: Professional Statement

The professional statement is a statement by the registered design professional of record that the PW1 form and the construction drawings either comply with or are exempt from complying with the New York City Energy Conservation Code (NYCECC). On the PW1 form, this statement is made in Section 10.  Related sections of the form that must be completed by the applicant include Section 9, Item L, Section 11/11A and Section 26.  See also Information about Forms for more information.

I.e. Below is a excerpt of Section 10 on the PW1 form:

Compliance

The NYCECC applies to all new buildings and most alterations. For such applications, the Compliance box should be checked. For any application that includes work that is both regulated by the NYCECC and work that is exempt or does not need to comply, you must check that the application complies and can sort out the various issues in the energy analysis. See the Energy Analysis How to Guide for more information. See the PW1 section on the Information about Forms page for an explanation of the statements under the compliance box.

Exemption

You may only claim exemption from complying with the NYCECC if your entire application is exempt and if it falls into one or more of the following specific categories:

  • National- or State-designated historic building, a contributing building to a National- or State-designated historic district, or a building certified as eligible for such designation, in accordance with Section ECC 101.4.2 (first sub-box under the exemption check-off)
  • Envelope only of a low-energy building, in accordance with Section ECC 101.5.2 of the NYCECC (second sub-box under the Exemption check-off)
  • Temporary Building, in accordance with 1 RCNY §5000-01(e)(2)(iii) (third sub-box under the exemption check-off)
  • PW1 work types FA, FP, SD, SP, FS, EQ, CC, OT/BPP or OT/FPP, in accordance with 1 RCNY §5000-01(e)(2)(iii) (third sub-box under the exemption check-off)
  • A post-approval amendment (PAA) for an application filed under an earlier version or edition of the Energy Code and deemed exempt at that time (fourth sub-box under the exemption check-off). However, if the PAA is for work that was not exempt under the Energy Code in effect at the time of filing, then such work must comply with the Energy Code edition in place at the time of filing. See the What Codes, Rules and Forms Apply When page for more information

Work That Neither is Exempt Nor Needs to Comply

Other work, including but not limited to façade work, apartment renovations or work not required to comply wiht the NYCECC, in accordance with Section ECC 101.4.3, including its exceptions, may not claim exemption. You must check compliance and address issues of scope of work, exempt work in an application that also has work that is not exempt, exceptions under Section 101.4.3, etc., in the energy analysis. 

If the applicant is required to check compliance but there is no work in the application that actually must comply with the NYCECC – i.e. exterior wall repair where the applicant represents that insulating the portion of the wall related to the application would create differential expansion, leading to cracking and/or moisture problems (Section ECC 101.4.3), a TR8 form will be generated automatically as a required item. The applicant should complete the TR8 form, check "No" for all progress inspections, sign, seal and submit it to the Department, and there will be no subsequent requirement for the TR8 form at permit or sign-off. See the Information about Forms page for more information. 

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