2020 NYC Energy Conservation Code How-to Guide FAQs

New buildings and additions less than 10,000 sq. ft. are not required to provide air barrier testing as described in the 2020 NYCECC Section C402.5.1.3. Instead, a continuous air barrier must be constructed in accordance with the 2020 NYCECC Section C402.5.1. The TR8 Energy Code Progress Inspection IIA6 Air Barrier – Visual inspection is required per 1-RCNY-5000.

For new construction, the 2020 NYCECC Section C402.2.9 requires that all balconies either incorporate the thermal break or encapsulate the balcony with insulation. There are products on the market that provide structural support and incorporate a thermal break for balconies. If neither is part of the design, your COMcheck or energy model must account for the lack of insulation on the balcony. See examples on page BE-11 of the Supporting Documents How to Guide.

To apply for an extension of time to file an Energy Efficiency Report (EER) due to the COVID-19 emergency, email a completed EER2 Application (Application for extension of time to file EER) along with the supporting documentation to LL87@buildings.nyc.gov by 12/31/2020. The extension request should be submitted under the “Good Faith Effort” option on the EER2 application, and must clearly state that it is due to the COVID-19 health emergency. The extension request must fully explain why the submission could not be made by the deadline and include documentation that substantiates the criteria for approval. The extension request must be notarized and signed by the building owner/owner’s representative. The consultant cannot be listed as the building owner’s representative on the extension request form. The Department will confirm receipt of the EER2 application via an email that will include instructions regarding how to make the required payment.

Exterior surfaces of the conditioned space caused by setbacks and terraces must meet the requirements for roof insulation as required in the Chapter C4. Parapets are required to either be encapsulated in insulation or contain a thermal break, as per Section C402.2.9. If the parapet is neither encapsulated by insulation nor has a thermal break, your COMcheck or energy model must reflect this. See examples of terrace and balcony requirements on page BE-4 of the Supporting Documents How to Guide. See examples on how to input parapets into COMcheck.

The ventilation requirements (Slides 34-36) refer to the residential provisions of the NYCECC - so any residential occupancy 3 stories or less. For additional information see the Supporting Documents How to Guide page MS-6.

The residential economizer requirements (Slides 38-39) refer to Group R buildings in the commercial provisions of the NYCECC. This would be any residential occupancy in buildings 4 stories or greater. For additional information see the Supporting Documents How to Guide page MS-8.

Electric vehicle service equipment capable is a mandatory requirement in the 2020 NYCECC Section R404.3 - there is no alternative compliance. Additionally, LL92 of 2019 and LL94 of 2019 requires that buildings have either solar panels or a green roof. The Energy Code does not regulate the electric generation source. See the Supporting Documents How to Guide page OR-7 for additional information.

A guide to TR8 inspections is forthcoming later this year. Please check the DOB website regularly for upcoming announcements