NYCECC Frequently Asked Questions

No. The applicable Energy Code edition is determined by the filing and transition rules for the application, not by whether the project is using the 1968 Building Code for other construction-code purposes. Complete energy submissions filed on or after March 30, 2026, must comply with the 2025 NYCECC or 2025 NYC ASHRAE 90.1. Complete energy submissions filed before March 30, 2026, generally remain under the 2020 NYCECC, provided the submission was complete and diligently pursued, and provided there is no material compliance change or change from a prescriptive compliance path to a modeling compliance path after March 30, 2026.

Compliance is with the adopted 2025 NYC ASHRAE 90.1, not merely with the default software output. Where COMcheck is used, the applicant must use the DOB-accepted implementation of 2025 NYC ASHRAE 90.1 and provide any DOB-required supplemental documentation for NYC amendments or requirements not fully captured by the software. Each proposed value in the COMcheck report, and any required value not listed in the report, must be listed in the Supporting Documentation Index and keyed to the appropriate detail, schedule, specification, or calculation in the construction documents.

The new Energy Submission process that requires a separate “EN Plan” submission began on November 8, 2021. Specifically, all NB or Alt CO NB w/ Existing Elements applications and related subsequent filings pre-filed or filed on November 8, 2021, or later, follow this process. Subsequent filings for NB or Alt CO NB w/ Existing Elements jobs pre-filed on or after November 8, 2021, are also subject to review under the new process.

The interim DOB NOW process, where energy examiners were assigned as secondary examiners to review the same “PlansSketch” file that primary examiners were reviewing, began in March 2021. Any NB or Alt CO NB w/ Existing Elements (excluding 1,2,3 family) jobs that include GC/MS/BE/PL/FO work types for any Initial, and Subsequent jobs pre-filed or filed before November 8, 2021, are subject to this process.

The new fees are outlined in the October 15, 2021 Service Notice: https://www1.nyc.gov/assets/buildings/pdf/ecc_compliance_review_fees_sn.pdf

* includes ALT-CO - New Building Existing Elements to Remain.

Yes – both Plan Exam and Pro-Cert applications are required to pay the new fees.

No – only the initial job filing is charged an Energy Fee. Subsequent filings are not subject to the Energy Fees.

To ensure GC job approval is not contingent upon the submission and approval of related mechanical work scope job applications (i.e., MS, BE, PL), we require certain essential information about mechanical systems in the GC filing. This information is solely for Energy Code Compliance and not for the other Construction Codes. The information entered in the initial GC filing will be pre-populated in the Energy component of subsequent filings and can be amended there. The essential mechanical information required in GC filings includes fuel use, system capacity, and equipment efficiency, but does not include equipment specifications.

As part of the Energy Submission, the ‘EN Plan Sets’ are required to be submitted separately from the GC ‘Plans/Sketch’ file.

Essential energy compliance data, including Professional Statement, TR8 Progress Inspections Table, Energy Analysis, Commissioning Statement, etc., must be included in the EN Plans.

Supporting Documentation, i.e., construction documents for Arch/PL/MS/BE must be submitted as part of the respective main ‘PlansSketch’ file. Duplicate Supporting Documentation data should not be included in the EN Plans.

The EN Plans should include a Supporting Documentation Index, as described in Figure 2 of RCNY 5000-01, that acts as an indexing guide linking the energy code requirements with the details in the main filing set.

Yes – the reviews occur in parallel. The reviews can occur independently; however, final approval of the main set depends on approval of the EN Plans.

No. The submitted Energy Analysis must demonstrate the selected compliance path at time of review. For modeling projects, related work types must be submitted together or otherwise made available so DOB can perform a complete coordinated review.

Unless it was an energy model, if you file a GC only, only the GC portion will be reviewed. The MS application will get a separate review. And, to the extent possible, dependent on examiner backlog, it will be assigned to the same examiner.

If you can file the addition as an additional doc in BIS, then the requirements of the DOB NOW system would not apply. But if you need to file it as a new job, then that would have to be done in DOB NOW and all new requirements would apply.

When GC/MS is filed together under the same Applicant of Record, one coordinated EN submission may cover the combined scope. If work types are filed separately or by different AORs, EN documentation must be separated or clearly coordinated by filing.

In addition to the basic compliance information, such as the Professional Statement, TR8 Inspections Table, and Commissioning Statement, the Energy Analysis for a Plumbing filing should contain the plumbing equipment subject to the energy code. The Energy Analysis information may be presented on the MS filing and duplicated on the PL filing, either in tabular or mechanical COMcheck format.

Only the applicant of the DOB NOW filing can upload the EN Plans for that work type, unless the applicant adds a delegated associate who can upload the analysis. The applicant must always attest, sign, and submit.

If the MEP engineer is taking responsibility for the lighting analysis, then it should be included with the MS filing. Additional info may be requested on the GC filing. Refer to the latest version of RCNY 5000-01 for updated labeling conventions for Lighting plans required for EN compliance.

ALT-CO applications are subject to Energy Code compliance. Any claimed historic-building exception must be limited, documented, and tied to a specific affected character-defining feature.

Applicants should provide a simple tabular analysis reflecting the scope of the job. If the item has no Energy Code requirements, that must be indicated in the tabular analysis.

The EN filing should include the Energy Code compliance documentation. This includes the professional statement, Energy Analysis, Supporting Documentation Index, TR8 progress inspection information, commissioning information where applicable, and any required Energy Code calculations, reports, or narratives.

The trade filings should include the construction drawings and specifications for the related work. The EN filing does not need to duplicate the full construction drawing set, but it must clearly identify where the supporting information is located.

The Supporting Documentation Index should connect each Energy Code requirement to the drawing, detail, schedule, specification, calculation, or report that demonstrates compliance.

This aligns with the existing draft FAQ language stating that EN Plan Sets are submitted separately, while supporting Arch/PL/MS/BE construction documents remain in the respective main Plans/Sketch file.

Applicants must comply with the applicable Energy Code, even if a DOB NOW question, form, or software field does not capture all requirements of the 2025 NYCECC. Where a DOB NOW field does not provide sufficient detail, the applicant should provide a narrative, table, calculation, or supporting document in the EN submission that explains how the project complies.

DOB NOW entries should be completed as accurately as possible, but the submitted Energy Analysis and supporting documents must demonstrate compliance with the applicable code.

No. The energy analysis submitted for review must demonstrate the compliance path being used for the project. If the project is using energy modeling, the required model documentation must be submitted for review. A COMcheck report may be submitted only if the project is using COMcheck as the compliance method and the report demonstrates compliance.

Energy model submissions must include enough information for DOB to verify the proposed design, baseline design, modeling assumptions, and compliance results. At a minimum, the submission should include:

• Completed EN1 or applicable energy analysis form;
• Proposed and baseline model reports;
• Modeling narrative identifying the compliance path used;
• Summary of proposed and baseline systems;
• Envelope, lighting, HVAC, service hot water, receptacle/process load, and control assumptions;
• Energy end-use results;
• Unmet load hours or other model quality checks, where applicable;
• Supporting drawings and schedules coordinated with the model inputs;
• Explanation of exceptional calculations, modeling assumptions, or deviations from standard rules.

The applicant should reconcile model inputs with the construction documents. Equipment capacities, efficiencies, lighting power, envelope U-factors, SHGC, airflows, fan power, schedules, and service hot water assumptions should be traceable to the drawings, schedules, or specifications.

Common issues include:

• Proposed model inputs do not match the construction documents.
• Baseline system selection is incorrectly mapped or not properly explained.
• Envelope values differ between the EN form, drawings, and model reports.
• Lighting power values are not traceable to lighting schedules.
• Fan power, airflow, heating/cooling capacity, or efficiency values are missing or inconsistent.
• Service hot water assumptions are not documented.
• Energy recovery, economizers, controls, or schedules are modeled without supporting documentation.
• Required reports are missing.
• The model narrative does not explain assumptions or the compliance path.

Applicants should provide a clear model summary table and coordinate the DOE Compliance Form or applicable energy analysis form unless EN1 remains required in specific legacy contexts.

Q1. For alteration work, I’m being asked whether it is intended to reduce carbon emissions in accordance with Local Law 97 of 2019 (LL97). When should I select "yes" or "no"?

A1. You should select yes if the building undergoing an alteration is subject to LL97 and the alteration's scope of work is intended to reduce carbon emissions. If a building is not subject to LL97 or the alteration work being done is not intended to reduce carbon emissions, then the applicant should select no.

Q2. The alteration work within the scope of my application will be more energy-efficient due to updated energy codes. Should I include the cost estimate of this scope of work as intended to reduce carbon emissions?

A2. The intent of this question is to understand what type of work is being done and how much it costs to comply with LL97. The cost estimate should be provided for work done specifically to reduce carbon emissions (e.g., converting a boiler to a Heat Pump, lighting retrofit, adding heat recovery, façade replacement, etc.). We are not asking for the cost of any energy-consuming equipment that is for a standard tenant fit out, and by its nature may be more efficient and less carbon-intensive than the prior.

The "Exit Signs" progress inspection was deleted from the TR8 form published in September 2016, however, exit signs are still required to meet the code requirements of 5 Watt/side. For projects subject to the 2014 NYCECC or earlier, see What Applies When; either the "new" TR8 form without the exit sign progress inspection or the older TR8 form is acceptable.

For commercial projects, cite the applicable 2025 NYCECC air leakage section directly and identify the required testing method, approved third party, test standard, envelope area basis, and maximum measured leakage rate. Under C402.6.2, where whole-building air leakage testing applies, testing must be performed by an approved third party and the measured air leakage must not exceed 0.35 cfm/ft² of the building thermal envelope area at 75 Pa, unless another applicable code path or provision applies.

For residential projects, cite the applicable 2025 NYCECC residential air sealing and air leakage testing provisions and identify the corresponding residential inspection items on the current TR8 form.

The TR8 item numbers and descriptions should be matched to the current TR8 form before publication. The code requirement and the inspection form requirement should be kept distinct: the code establishes the testing/inspection obligation, and the TR8 documents the required DOB progress inspection items.

Tight-fitting, noncombustible fireplace doors to control infiltration losses are required for all wood-burning fireplaces and for fireplaces listed and labeled in accordance with UL127 per the 2025 NYCECC Section R402.5.2. Additionally, the NYC MC, Section 901.6, requires tight-fitting noncombustible fireplace doors to be installed on masonry or factory-built fireplaces designed to allow an open burn, decorative appliances installed in a vented solid-fuel fireplace (ANSI Z21.60 gas-log-style unit), and vented decorative gas fireplace appliances (ANSI Z21.50 unit). If a project contains any of the above fireplaces, the TR8 item for fireplaces shall be identified on the TR8 form as a required inspection.

Yes, TR8 Progress Inspections are intended to be conducted during construction while commissioning takes place upon completion of systems installation. Although most progress inspection requirements may be completed by the commissioning agent, the TR-8 inspection items remain required during construction, including testing of HVAC system controls. HVAC control testing does not need to be performed separately for both the commissioning report and the TR8 inspection report, but the documentation must be included in both.

All changes made during construction need to be documented and submitted to the DOB on an EN2: As-Built Energy Analysis form. In this situation, the progress inspector (TR8 agent) responsible for the envelope insulation inspection should choose the box on the EN2 form indicating either that the revised energy analysis is attached to the EN2 form or that the last revised energy analysis was previously submitted and approved as a post-approval amendment (PAA) and indicate the approval date. The TR8 Progress Inspectors need to sign off on the EN2 form, confirming that the revised energy analysis conforms to the as-built conditions witnessed during construction. Please also refer to Section 28-104.3 of the Administrative Code and the TR8 Progress Inspection how-to guide provided on this page.

In accordance with §28-104.2.4, the HVAC units and associated controls must be brought into compliance with the current edition of the Energy Code in effect at the time of filing the application to legalize the units.

In accordance with §28-104.2.4, the thermal enclosure of the unpermitted enlargement must be brought into compliance with the current Energy Code. Additions are governed by the applicable new construction provisions in C502 or R502, as applicable, including air-barrier and air-leakage testing requirements. Exceptions for alterations to C503 or R503 do not apply to the addition portion of the work, and qualifying commercial additions may also trigger the additional energy-efficiency credit requirements of C502.3.7.

Yes. The Building Code considers a basement a story and counts it toward the total number of stories (see the definition of "story above grade plane" in Building Code chapter 2). A cellar, as defined by the Building Code, does not constitute a story.

However, the definition of GRADE PLANE, ENERGY as defined in Chapter 2 of the NYCECC, clarifies the determination of a story for purposes of NYCECC Compliance. See How-to Guide: General (GE-8) for clarification.

Yes. The applicant must address Energy Code applicability in the filing and in the energy analysis. For limited-scope alteration work, the energy analysis may use a simple tabular format that identifies the scope of work, the affected or unaffected regulated systems, the applicable C503/R503 provisions or exceptions, and the drawings where the scope is shown. If no regulated Energy Code item is affected, the table should state “NA” or “not affected” as appropriate and cite the basis for that conclusion. Current DOB NOW/PW1/TR8 filing steps should be confirmed before publication.

Energy Analysis

Climate Zone 4A – 2025 NYCECC Chapter C4 – Alt 2 Application to renovate apartment

Yes. The applicant must address Energy Code applicability in the filing and in the energy analysis. For limited-scope alteration work, the energy analysis may use a simple tabular format that identifies the scope of work, the affected or unaffected regulated systems, the applicable C503/R503 provisions or exceptions, and the drawings where the scope is shown. If no regulated Energy Code item is affected, the table should state “NA” or “not affected” as appropriate and cite the basis for that conclusion. Current DOB NOW/PW1/TR8 filing steps should be confirmed before publication.

Yes. The applicant must address Energy Code applicability in the filing and in the energy analysis. For limited-scope alteration work, the energy analysis may use a simple tabular format that identifies the scope of work, the affected or unaffected regulated systems, the applicable C503/R503 provisions or exceptions, and the drawings where the scope is shown. If no regulated Energy Code item is affected, the table should state “NA” or “not affected” as appropriate and cite the basis for that conclusion. Current DOB NOW/PW1/TR8 filing steps should be confirmed before publication.

Energy Analysis

Climate Zone 4A – 2025 NYCECC Chapter C4 – Application to perform roof replacement

A New York City landmark is not automatically exempt from the NYCECC solely because it is regulated by the Landmarks Preservation Commission. The project must first establish whether the building meets the Energy Code definition of a historic building or otherwise qualifies for the applicable historic-building treatment. Even where the building qualifies, the exception is feature-specific rather than a blanket exemption for the entire project. Under C501.5/C501.5.1 or R501.5/R501.5.1, as applicable, the applicant should identify the historic or character-defining feature affected by the Energy Code requirement and provide an approved Historic Building Report explaining why full compliance would adversely affect that feature. For site-built windows, the applicant must also address the default U-factor and SHGC provisions in Chapter C3 or R3 and show how the selected compliance approach will be documented.

• Propose listed (not site-built) wood window assemblies to the Landmarks Commission.
• Arrange a meeting with both Landmarks and the Department's Energy Code officials to reach a solution, possibly identifying other ways to mitigate the calculated energy loss in the building.
• Obtain certification of eligibility from the National or State Historic Preservation Office; see the New York City Energy Conservation Code main page for more information.
• Request a variance from the New York State Department of State; see the Variance section on the New York City Energy Conservation Code main page for more information.

The replacement windows are required to meet the U-factor and SHGC requirements. Trade-offs are not available for the building envelope when performing an alteration, unless the energy modeling compliance path is chosen.

Any ‘new building' or addition to an existing building is not considered historic under the NYCECC and must comply with the code's provisions. Depending on how the façade is incorporated into the design, that portion of the building may be exempt as historic. But, if an entirely new wall is incorporated with only the façade remaining, then that wall and the remainder of the new construction work shall comply with the provisions of the code – with one caveat, if adding insulation to that portion of the wall would create a hazardous or unsafe condition or would result in a condition such as freeze-thaw and cracking of the element, blockage of a vented drainage cavity, or condensation or mold in or around the element, the insulation for that portion alone may be limited to the original thermal value. This caveat is outlined in Section 3 of the Buildings Bulletin 2020-007.

Historic buildings are no longer fully exempt from the energy code but can claim a partial exemption if compliance may have an adverse effect on a character-defining feature. To claim partial exemption, historic buildings must submit a Historic Building Report describing the character-defining feature that could be negatively affected by compliance with the NYCECC, and an explanation of why compliance would affect this feature must be submitted as a supporting document in DOB NOW.

The code applies to the scope of work that is being replaced. In this case, you wish to replace the insulated glazing unit (IGU) and only part of the framing. However, the performance is based on the total assembly; thus, the horizontal mullions and the IGUs may have to compensate for the existing vertical mullion thermal performance if it remains. You will need to have the manufacturer model the thermal performance and take into account the vertical mullions (using Window and Therm programs). Thus, you would demonstrate that the total assembly meets the code-prescribed u-value of 0.30 for windows below 95 feet and 0.34 for windows above 95 feet. Any glazing that is replaced must meet the SHGC of 0.33.

Please confirm that, while increasing the area of glazing, you are not exceeding a 40% window-to-wall ratio (if following 2025 NYC ASHRAE 90.1), or 30% if following the NYCECC without daylighting controls, or 40% if following the NYCECC with required daylighting controls. If these glazing area limits are exceeded, a whole-building energy model is required, as per C502.3.1.

As a reminder, fenestration not certified using the test procedures allowed in Table C402.6.3 will require air leakage testing of the assembly per C402.6.2.3.2.

Energy Analysis

Climate Zone 4A – 2025 NYCECC Chapter C4 – Application to perform Local Law 11 work

A Historic Building Report is required when an applicant seeks to apply an historic-building exception or limitation under the Energy Code. Historic status does not automatically exempt the entire project from Energy Code compliance. The report must identify the historic or character-defining feature that may be affected by compliance and explain why full compliance would adversely affect that feature.

The report should include:

• The building’s historic status or eligibility.
• Identification of the character-defining feature affected by the proposed work.
• The Energy Code requirement cannot be fully met.
• An explanation of the adverse effect that would result from full compliance.
• The proposed alternative or partial compliance approach.
• Drawings, photographs, or other supporting documentation as needed.
• Signature/seal or other certification required by DOB guidance.

DOB generally does not require a signed SHPO letter when the applicant provides the documentation required by DOB guidance, and the report is signed and sealed by the responsible, registered design professional. The applicant should provide documentation of historic status, such as a CRIS snapshot or other acceptable record, and a report explaining the affected character-defining feature and the basis for the claimed exception.

No. An addition is new work and must comply with the applicable provisions of the NYCECC. An historic building exception may apply only to the existing historic feature where compliance would adversely affect that feature. The addition itself must comply with the Energy Code.

Where the addition connects to or affects existing historic construction, the applicant should clearly separate the compliant new work from any existing historic feature for which a limited exception is being claimed.

Not automatically. The scope of work must comply with the NYCECC. Existing systems or envelope elements outside the scope of work are not automatically required to be upgraded unless a specific Energy Code provision triggers compliance.

Where a change of use or occupancy increases demand for fossil fuel or electrical energy, the affected space must comply with the Energy Code. If the change includes converting unconditioned space to conditioned space, that work should be treated as an addition or newly conditioned space and must comply with the applicable requirements.

The applicant should provide enough information to explain the existing use, proposed use, scope of work, and whether the change increases energy demand. General descriptions such as “commercial use” may not be sufficient.

The applicant should compare the existing and proposed use in a practical, project-specific way. The analysis should consider whether the proposed use introduces new or increased heating, cooling, ventilation, lighting, service hot water, process loads, plug loads, or operating hours (See Tables 505.2.2, C505.2.3, and C505.2.4).

A simple narrative may be sufficient for straightforward cases. More complex changes may require supporting calculations or a comparison of existing and proposed energy-using systems.

Examples:
A warehouse converted to dwelling units will typically increase heating, cooling, ventilation, service hot water, and lighting demand. An office converted to another office-type use may not increase demand if the energy-using systems and operating conditions are substantially similar.

The applicant must still address Energy Code applicability in the filing. Where the scope of work does not include any work regulated by the NYCECC, the applicant may provide a simple tabular energy analysis stating that the regulated systems are not affected.

The table should identify the scope of work, list the applicable Energy Code items as “not affected” or “not applicable,” and identify the drawings showing the scope. The applicant should avoid simply stating “Energy Code not applicable” without explaining why the submitted scope does not trigger Energy Code requirements.

Where the filing requires a TR8 for plan approval, the applicant should submit the TR8 and indicate that no Energy Code progress inspection items apply, if appropriate. The Energy Analysis should explain why the scope does not trigger any Energy Code progress inspections.

Energy Credits are required where the applicable 2025 NYCECC section triggers them. For commercial work, C406 establishes additional energy efficiency credit requirements for covered buildings and build-out construction, C502.3.7 governs qualifying additions, and C503.6 governs alterations that are substantial improvements, subject to the stated exceptions. For residential work, the applicant should check the corresponding residential credit provisions, including R408 and the applicable R5 provisions. Energy Credits are not a substitute for the base Energy Code requirements; they are an additional requirement that must be documented as part of the energy analysis when triggered.

For DOB review, the selected credits should be clearly listed in the Energy Analysis or Supporting Documentation Index and coordinated with the construction documents. The documentation should identify the credit claimed, the code section or table used, the design feature supporting the credit, and the drawing, schedule, specification, calculation, or report where compliance is shown.

Yes, where a project is filed through multiple related DOB NOW filings, the Energy Credit documentation may rely on information shown across those filings. However, the Energy submission must clearly identify where each credit measure is documented. The applicant should provide a coordinated summary table identifying the credit claimed, the related work type, the responsible filing, and the supporting drawings or reports.

If the credit depends on work shown in a later MS, PL, BE, or other subsequent filing, the initial EN submission should identify the intended measure and explain where final documentation will be provided. Final approval may depend on the review and approval of the related energy scope.

A single design feature may be used for multiple Energy Credit claims only when the code expressly allows it or when the measures address separate, independently documented requirements. Applicants should not “double count” the same measure to satisfy multiple credit requirements unless the code path clearly permits it.

Where there may be overlap, the applicant should provide a brief narrative explaining why each measure qualifies for the credit being claimed.

Example:
A high-performance HVAC system may support one credit related to equipment efficiency, but it should not automatically be counted for an unrelated control, envelope, or renewable energy credit unless those separate requirements are also documented.

Energy Credit documentation should be specific enough for DOB to verify the credit without relying on a general statement of intent. Acceptable documentation may include:

• A completed Energy Credit summary table.
• Calculations showing the credit value achieved.
• COMcheck, REScheck, or energy modeling reports, where applicable.
• Equipment schedules and manufacturer data.
• Lighting schedules and control diagrams.
• Envelope details and assembly calculations.
• Renewable energy system drawings and specifications.
• Notes in the Energy Analysis identifying the applicable code section and supporting document location.

The Energy Credit summary should be included in the EN submission and coordinated with the Supporting Documentation Index.

For an NB application to qualify for the old "Zone Green" wall thickness deductions, it must have been filed before 12/6/23. Applications submitted after this date do not qualify for the old deduction.

New construction must provide modeled documentation of energy performance. Being fully electrified without providing energy performance is not sufficient for new construction to qualify for the 5% floor area exclusion.

If a building is seeking the deduction provided by ZR 12-10, the building would need to comply with LL154 as a NB filing after 7/1/2027.

The building must comply with part (a), section (b)(2), (c), and (d) to qualify for the 5% floor area exclusion.

What documentation is required to qualify for the ZR 12-10 Ultra-Low Energy Building floor area exclusion?

A building seeking the Ultra-Low Energy Building floor area exclusion must provide modeled documentation showing that the building satisfies the applicable ZR 12-10 requirements. A general statement that the building is fully electrified is not sufficient.

The submission should include:

• Identification of the ZR 12-10 provision being used.
• Energy model documentation showing the building’s performance.
• Narrative describing how the building satisfies the Ultra-Low Energy Building definition.
• Confirmation of applicable electrification requirements.
• Supporting drawings, schedules, and specifications.
• Any required forms or calculations requested by DOB.

No. LL154 compliance alone does not establish that a building qualifies as an Ultra-Low Energy Building. A building seeking the ZR 12-10 deduction must meet the applicable zoning definition and provide the required modeled energy performance documentation.

LL154 may be one part of the analysis, but it is not a substitute for the Ultra-Low Energy Building performance documentation.

LL154 restricts the installation of fossil-fuel equipment in certain new buildings, subject to effective dates and exceptions applicable. Where service hot water equipment is included in the scope of work, the applicant must identify the proposed fuel source and demonstrate compliance with LL154 and NYCECC.

If an exception is claimed, the applicant must identify the specific exception and provide supporting documentation. If fossil-fuel equipment is proposed for temporary, backup, emergency, or exempted use, the drawings and Energy Analysis should clearly identify the basis for that approach.

The component performance method is the algorithm the COMcheck software uses to determine compliance with the Commercial provisions of the 2025 NYCECC. So, if you would like to verify compliance with C402.1.4, the COMcheck report is required for the Energy Analysis. The US Department of Energy has a presentation on COMcheck Basics for compliance.

Keep in mind that each proposed value in the COMcheck report shall be listed in the Supporting Documentation Index and keyed to the appropriate details throughout the construction documents. A sample of the Supporting Documentation Index is found in Figure 2 of RCNY 5000-01.

Under 2025 NYCECC C402.5.1, vertical fenestration is generally limited to 30 percent of the gross above-grade wall area. C402.5.1.1 permits up to 40 percent only where the listed daylight-zone, daylight-responsive control, VT/SHGC, and related conditions are satisfied. Designs that exceed the limits of the selected prescriptive path must use an available alternative compliance path, such as 2025 NYC ASHRAE 90.1 or whole-building energy modeling, and the submission must clearly identify the selected path, proposed window-wall ratio, fenestration performance, and required controls.

No. Because the exterior insulation is interrupted by uninsulated balconies, the wall condition cannot rely on the prescriptive R-value method to satisfy the R-11.4ci requirement.

Under 2025 NYC ASHRAE 90.1, Section 3, continuous insulation must be continuous across structural members without thermal bridges, other than limited fasteners and service openings. Normative Appendix A, Section A3.1.2.2 allows the rated R-value for mass walls to account only for limited 20-gauge, 1-inch metal clips spaced no closer than 24 inches on center horizontally and 16 inches on center vertically. Uninsulated balcony slabs are larger thermal bridges and are not covered by that allowance.

Compliance should be demonstrated using the U-factor method, with the uninsulated balcony condition included as a separate wall type. For COMcheck input, see Figure BE-7 of the DOB How-to Guide: Supporting Documentation – Building Envelope, which illustrates how to model this type of balcony/interrupted-insulation condition.

All windows must be labeled and certified by the manufacturer per the 2025 NYCECC Sections R303.1.3 and C303.1.3. For a product without a label, such as site-built windows, a default U-factor should be used, as per the previous code sections.

A physical "label" or sticker on the window is not required, as long as submittals certifying the labeling of each unit accompany the product and can be traced to each unit upon review by the TR8 Inspector. The Department has the authority to request such certification.

A blower door test is a type of air leakage pressurization test. A fan is temporarily installed in an exterior doorway or opening and used to pressurize or depressurize the building or dwelling unit to measure leakage through the building's thermal envelope. For commercial projects subject to C402.6.2, whole-building air leakage testing must be performed by an approved third party, and the measured air leakage must not exceed 0.35 cfm/ft² of the building thermal envelope area at 75 Pa, unless another applicable code path or provision applies. Residential projects use separate R402.5 criteria and test requirements.

If a building fails the required air leakage test by exceeding the minimum leakage rate, it must be sealed and retested until the air leakage rate no longer exceeds the minimum target. A building cannot be signed off (i.e., obtain a certificate of occupancy) until air leakage requirements are met and test has passed.

The scope of work under the alteration must comply with the applicable existing-building provisions of the 2025 NYCECC, including C503 and C505 for commercial buildings or the corresponding residential provisions where applicable.

Under commercial C505, a change of use or occupancy does not automatically require upgrading the entire existing building. The affected portions of the building must comply with the code where the change results in an increase in energy use intensity, unless an approved analysis demonstrates that the change will not increase energy use intensity. Mechanical, service hot water, lighting, and other regulated systems must also be evaluated under the applicable sections and tables for the work being performed.

If the change of use includes converting unconditioned space to conditioned space, that work should be treated as an addition or newly conditioned space and must comply with C502/R502, as applicable. The applicant should explain the existing and proposed uses, the affected portions, and whether the change increases energy use intensity.

If the existing building were a warehouse, this would clearly increase energy demand when converting to residential occupancy, and full code compliance is required. If the building is an office space, there may or may not be an increase in energy demand when converting to residential occupancy. If there is no increase in energy demand, then the existing walls, as described, would not need to be brought up to full code compliance.

The department requires that air leakage testing be performed by a third-party independent of the permit holder and observed by an approved progress inspection agency, as defined in RCNY 101-07.

The table on page 4 of 1 RCNY 101-07 lists the qualifications necessary for energy code compliance inspections, which would include blower door testing.

The doors that you have described are not considered building entrances, as they are used to access balconies/terraces and not used ordinarily to gain access to the building. The definition of building entrance is any doorway, set of doors, revolving door, vestibule, or other form of portal that is ordinarily used by its users and occupants to gain access to or exit the building. Assuming the door from an office terrace provides entry only to the office space and is not used by the public to access the remainder of the building, a vestibule is not required.

For a core-and-shell building application, a note on the drawings indicating that, prior to use/occupancy of the space, the tenant/user shall file an Alteration job application with documents demonstrating that the vestibules are configured in compliance with the current NYCECC at the time of submission will suffice.

These air leakage requirements pertain to components of the building envelope, not interior construction. These sections relate to fenestration, exterior doors, curtain walls, storefront glazing, revolving doors, and skylights. There are no air leakage requirements for vestibules and interior doors, however any walls that are part of the building envelope must comply with provisions of the NYCECC.

The air barrier should be continuous (NYCECC C402.6.1 and ASHRAE 5.4.3.2) and is part of the thermal envelope. In general, the exterior envelope of conditioned vestibules shall comply with the requirements for a conditioned space. When following the NYCECC compliance path, the interior envelope of an unconditioned vestibule shall comply with the requirements for a conditioned space. And, when following the 2025 NYC ASHRAE 90.1 compliance path, the interior and exterior envelope of unconditioned vestibules shall comply with the requirements for a semi heated space.

Buildings where the window-wall ratio exceeds 40% must choose the 2025 NYC ASHRAE 90.1 as the code compliance path by using either COMcheck or Energy Modeling as the energy analysis method. Buildings following the 2025 NYCECC with a window-wall ratio over 40% would only be able to show compliance using COMcheck if both the minimum daylight area and the daylighting control provisions are met per C402.5.1.1. The COMcheck software uses Section C402.1.4 to determine envelope compliance with the 2025 NYCECC and uses Appendix C of 2025 NYC ASHRAE 90.1 to determine envelope compliance with ASHRAE 90.1.

The submission should identify the proposed window-wall ratio, the compliance path, the modeled or calculated fenestration performance, and any daylight-responsive controls or other measures relied on for compliance. For curtain wall systems, the applicant should document the total assembly performance, including vision glass, spandrel areas, framing, thermal breaks, and other components that affect U-factor, SHGC, and air leakage. Where the proposed design exceeds the limits of the selected prescriptive path, whole-building energy modeling may be required.

See Admin Question #17 for COMcheck compliance using 2025 NYC ASHRAE 90.1.

The code applies to the scope of work that is being replaced. In this case, you wish to replace the insulated glazing unit (IGU) and only part of the framing. However, the performance is based on the total assembly, thus the horizontal mullions and the IGUs may have to compensate for the existing vertical mullion thermal performance if it remains. You will need to have the manufacturer or a Certified Simulator model the thermal performance and take into account the vertical mullions (using Window and Therm programs). Thus, you would demonstrate that the total assembly meets the code prescribed u-value of 0.30 for windows below 95 feet and 0.34 for windows above 95 feet. Any glazing that is replaced must meet the SHGC of 0.33.

Please confirm that while increasing the area of glazing, you are not exceeding a 40% window to wall ratio (if following 2025 NYC ASHRAE 90.1), or 30% if following the NYCECC without daylighting controls, or 40% if following the NYCECC with required daylighting controls. If these glazing area limits are exceeded, a whole-building energy model is required, as per C502.3.1.

As a reminder, fenestration that is not certified using the allowed test procedures of Table C402.6.3 will require air leakage testing of the assembly as per C402.6.2.3.2.

Where the proposed window-wall ratio exceeds the prescriptive limit, the applicant must select a compliance path that permits the proposed glazing area and must document all related requirements. Depending on the project, this may require compliance through 2025 NYC ASHRAE 90.1, COMcheck, where available and applicable, or whole-building energy modeling.

The applicant should not treat this only as a software question. The submission must clearly state the compliance path, the proposed window-wall ratio, whether required daylight-responsive controls are provided, and whether energy modeling is required.

Where the applicable compliance path allows increased glazing area based on daylight area and daylight-responsive controls, the applicant must show that the required controls are provided and coordinated with the completed project lighting design. The documentation should identify the daylight zones, controlled fixtures, control sequence, sensors, and lighting power affected.

If the project does not meet the conditions for the increased glazing allowance or does not yet document a completed project lighting design, another compliance path, such as 2025 NYC ASHRAE 90.1 or energy modeling, may be required.

Spandrel areas that do not transmit light are treated as opaque wall area rather than fenestration. The applicant should clearly identify vision glass, opaque spandrel, and other wall components in the envelope documentation.

The U-factor and insulation requirements for the spandrel area must be documented as an opaque assembly and be represented as wall area in the building envelope calculations.

Compliance must be demonstrated for the fenestration assembly within the scope of work. Where existing framing remains, the applicant must account for the thermal performance of the retained components when determining the altered assembly's performance.

The applicant may need manufacturer calculations or thermal modeling to demonstrate the U-factor, SHGC, and air leakage performance of the completed assembly. The submission should clearly identify which components are new, which components remain, and how the final assembly complies.

The new or altered fenestration must comply with the applicable U-factor, SHGC, and air leakage requirements. The applicant must also confirm that the increased glazing area does not exceed the limits of the selected compliance path.

If the increased glazing area causes the building to exceed the allowable window-wall ratio for a selected component performance path, the applicant may need to use 2025 NYC ASHRAE 90.1 whole-building energy modeling.

Under the 2025 NYCECC, air leakage testing is required for all new construction, whether the project follows the residential or commercial provisions on the selected compliance path. For commercial projects subject to C402.6.2, the Energy Analysis should identify the test standard, the approved third party, the building thermal envelope area, the applicable maximum leakage rate, and any permitted guarded or partial-building test approach. For residential projects, the Energy Analysis should identify the applicable R402.5 test method, target, and required progress inspection items. For projects pursuing compliance with 2025 NYC ASHRAE 90.1, air leakage testing shall be documented per 5.4.3.1.

The Energy Analysis should clearly identify whether the project uses visual air-barrier inspection, whole-building pressurization testing, guarded testing, dwelling-unit sampling, or another permitted method.

If the building does not meet the required air leakage rate, the leaks must be identified and corrected, and the building must be retested until the required performance is achieved or another code-compliant resolution is approved. The required sign-off cannot be completed until the air leakage testing requirement is met.

The applicant and progress inspector should keep records of the failed test, corrective work, retesting, and final passing result.

Please see C402.6.1.1 for the documentation requirements for air barriers. For commercial work, the applicant should also address thermal-bridge documentation and mitigation under C402.7, including the alteration limitation “except as required under Section C503.” For residential work, R402.7 requires thermal-bridge documentation for applications for construction document approval.

Yes. The paragraph under Exception 2 applies to the listed exception conditions and limits the total supply capacity of fan-cooling units that are not provided with economizers. Use the 2025 NYCECC C403.5 citation and terminology in the final FAQ. If a proposed design does not satisfy the prescriptive economizer provisions or an exception, the applicant must revise the design or use an available alternative compliance path that applies to the whole project and demonstrates compliance for envelope, mechanical, lighting, and other regulated systems as required.

Per the 2025 NYCECC, VRF indoor fan units must be evaluated for economizer applicability under C403.5 and the applicable exceptions. The indoor fan unit capacity, not only the outdoor condenser capacity, should be considered when determining whether an exception applies. Where indoor units are below the individual-unit threshold, the project must still address any whole-building capacity limitations for fan-cooling units without economizers. If the selected compliance path is changed, the entire project must use and demonstrate compliance with that path as required.

If using COMcheck for compliance, an exception appears for the outdoor/condenser unit of a VRF system for the reasons below, but does not apply to the indoor/evaporator unit:

"The VRF heat pump system is realistically just the outdoor unit that has the compressor side of the system and distributes the refrigerant to the VRF Zone Fan Units. The capacity of this outdoor unit will likely be close to the total load required by all the individual indoor zone units. This capacity value, in turn, triggers the economizer requirement to be enforced, but in reality, and technically speaking, the VRF outdoor unit cannot have economizers, given that they just move refrigerant through a system and don't involve fans and air movement. So, we give the user the ability to exempt the economizer requirement for the VRF outdoor unit using the exception ‘VRF outdoor/central unit.’ The VRF indoor zone/fan units should be specified separately and will generally have a much different and smaller capacity that may or may not trigger the economizer requirement."

The 2025 NYCECC requires economizers unless the system satisfies an applicable exception. In this example, the 18,000 Btu/h PTAC units may meet the individual-unit threshold, but the design must also satisfy the whole-building capacity limitation for fan cooling units without economizers. If the design cannot satisfy the prescriptive economizer provisions, the applicant must revise the design or use an available alternative compliance path for the whole project. It would be incorrect to state that the 2025 NYC ASHRAE 90.1 path is automatically “required”; instead, any selected alternative path must be applied consistently and documented for the entire project.

Commissioning requirements are governed by C408. Systems are exempt where the building has less than 10,000 square feet of gross conditioned floor area and combined heating, cooling, and service water heating capacity of less than 960,000 Btu/h. Where those exemption criteria are not met, the applicant must identify the systems to be commissioned and provide the required commissioning documentation.

The requirements of an "Approved Agency" are found in 1 RCNY 101-07 - specifically sections (b) and (c).

Although the Energy Code does not require a third-party commissioning agent, the above rule indicates that progress inspection agencies have an obligation to avoid conflicts of interest. Please refer to (c)(3)(ii), "Obligation to avoid conflict of interest. A progress inspector and/or a progress inspection agency shall not engage in any activities that may conflict with their objective judgment and integrity, including, but not limited to, having a financial and/or other interest in the construction, installation, manufacture, or maintenance of structures or components that they inspect."

DOB requires a letter acknowledging that the owner has received the preliminary commissioning report before the required item "Preliminary Commissioning Report Certification" is received in BIS. The approved agency performing the commissioning of the building shall certify that the commissioning test procedures and results were completed. The approved agency shall also provide the certified report to the building owner or the owner's authorized agent. The owner, owner's agent, or approved agency shall send a letter to DOB at cx@buildings.nyc.gov with the project name and project number as the subject line. The letter should include the following: business letterhead, DOB application #, a general description of the commissioned equipment, block and lot #s, the address, and the company from which the report was received. This letter is not required to be in any specific format.

Please also submit the final commissioning report to cx@buildings.nyc.gov with the project name and project number as the subject line. For additional information regarding commissioning, see pages OR-6 and OR-7 of the How-To Guide: Supporting Documentation – Other Requirements.

Commissioning may be applicable where the building is subject to the commercial provisions of the NYCECC, but C408 includes an exemption for buildings with less than 10,000 square feet of gross conditioned floor area and a combined heating, cooling, and service water heating capacity of less than 960,000 Btu/h. A one- or two-family dwelling that falls under the commercial provisions because of story count should still be evaluated against those C408 thresholds.

Class I motorized dampers are not required in all locations if you meet the exceptions of C403.7.7. Those exceptions allow gravity dampers in limited locations. If you do not meet those exceptions, then the damper must be motorized. If you are following 2025 NYC ASHRAE 90.1, there are also exceptions to the requirements for motorized dampers. Should you not meet the exceptions and wish to appeal, you may submit a request for a variance to the State. The city is unable to provide a variance to State requirements.

Older examples should not be relied on unless they have been reviewed and updated for the 2025 NYCECC. Economizer requirements, exceptions, thresholds, and software implementation may differ from prior code cycles.

Applicants must satisfy the requirements of the code in effect at the time of initial filing. Where the project uses VRF, PTAC, WSHP, or similar systems, the applicant should identify the selected compliance path and document all the requirements and exceptions applicable to the specific systems design under the current code.

Commissioning is required where C408 applies, and the project includes systems subject to commissioning. Systems are exempt where the building has less than 10,000 square feet of gross conditioned floor area and combined heating, cooling, and service water heating capacity of less than 960,000 Btu/h. The applicant must identify the systems being installed, their capacities, and whether commissioning applies.

Where commissioning is required, the submission should include the required commissioning statement, commissioning plan or certification information, and related TR8/progress inspection coordination as applicable.

Under C408.2.1, the commissioning plan may be developed by a registered design professional or an approved agency. The commissioning provider and any progress inspection agency must also comply with applicable DOB rules, including conflict-of-interest limitations. The applicant should identify the commissioning provider and include the required commissioning documentation in the project records.

The applicant should identify the commissioning provider and include the required commissioning documentation in the project records.

All spaces within a new building, even those designated for future tenants, must comply with all applicable requirements of the NYCECC. There is no exemption for lighting within unleased tenant spaces. The Lighting & Power requirements of Section C405 or Section 9 of 2025 NYC ASHRAE 90.1, including the lighting power density and daylighting controls requirements, must be met. Both compliance paths do not require daylighting in primary sidelighted areas when the total lighting power within the daylight zone is 75 Watts or less. 2025 NYC ASHRAE 90.1 Section 9.4.1.1 (e) also does not require daylighting in primary and secondary sidelighted areas when the total lighting power within both the primary and secondary daylight zones is 150 Watts or less. All daylighting requirements for tenant occupancy will be evaluated under code in effect at the time of the Alteration application permitted for the specific tenant space.

The use of an iPad as a lighting control device is acceptable only if it is permanently affixed to a surface of the building or space. In addition, the following conditions are also met:

• Permanent time switch control, including the manual override meeting all provisions of C405.2.2.1
• Accessory spaces (storage, office, restrooms) comply with occupancy sensor controls
• iPad controls meet the requirements of manual controls in C405.2.6

In general, corridors are not exempt from the control requirements. The 2025 NYCECC Section C405.2 requires that lighting systems be provided with controls – manual controls, either time switch or occupancy sensors, and daylighting controls, where applicable. The Exceptions to Section C405.2 essentially exempt security or life safety lighting from the control requirements, allowing 24/7 operation. This does not exempt all lighting in the corridors and stairwells from control; only the specific lighting fixtures required for emergency egress are exempt from control requirements. However, when the corridor is proposed exclusively as an exit passageway, as defined in the 2022 Building Code Section 1023, no lighting controls are required. Note that an area cannot be considered an exit passageway if an elevator opens into the space (BC 1023.4 and 1023.5) – therefore, many corridors are not exit passageways.

Additionally, the 2022 Building Code Section 1008.2.1 lists the foot-candle requirements at the walking surface and allows lighting with controls, only requiring that the illumination level not be reduced below the minimum requirements of Section 1008.2.1 (typically 1 foot-candle). Therefore, in corridors, only the lighting required to meet the illumination levels of BC Section 1008.2 is exempt from the control requirements; other lighting must be controlled per the 2025 NYCECC Section C405.2.

In tenant fit-out spaces, all equipment within the scope of work must comply with the NYCECC requirements. Where temporary lighting is part of the scope of work, it must comply with all applicable Lighting & Power requirements, including lighting power densities and control requirements.

The applicant should identify whether the lighting is temporary construction lighting or lighting installed for occupancy or tenant use. Lighting installed for future tenant use must be documented in the Energy Code compliance submission. Lighting not intended for occupancy must be noted as temporary and the drawings should contain a note stating that "All lighting is temporary and any design for tenant use shall meet the requirements of the NYCECC in effect at the time of Alteration application."

If the air-supported structure is permanent and encloses conditioned space, it is subject to the provisions of the NYCECC. If the permit is for a temporary structure, as described in section 28-111 and BC 3103, it may be exempt under 1 RCNY 5000-01(e).

Any building enclosure must comply with the provisions of the NYCECC unless one of the exemptions applies. If the sidewalk café enclosure is conditioned, the NYCECC requirements will be enforced for envelope, HVAC, and lighting provisions. If the sidewalk café enclosure is unconditioned, then the Energy Code envelope requirements are exempt and HVAC is not present due to an unconditioned space, but lighting would still be subject to the NYCECC requirements.

Construction trailers are considered temporary structures and thus are exempt from the requirements of the NYCECC. RCNY 5000-01(e) states "Temporary structures (as described in sections 28-111 and BC 3103) are exempt from compliance with the Energy Code.”

While factory built modular homes are certified by New York State, the site-built components of the total building assembly are not and must comply with the NYCECC:

• Statement on the drawings that the home is certified by NY State,
• Statement on the drawings that the home complies with the 2025 NYCECC,
• Documentation that the home was certified by NY State,
• List of applicable progress inspections, including:
  • Air barrier – visual inspection - IA6
  • Air barrier - testing - IA7
  • Electrical energy metering - IC1
  • Maintenance Information - ID1
  • Permanent Certificate - ID2
  • Electric vehicle service requirements - ID3

The new Energy Submission process that requires a separate “EN Plan” submission began on November 8, 2021. Specifically, all NB or Alt CO NB w/ Existing Elements applications and related subsequent filings pre-filed or filed on November 8, 2021 or later, follow this process. Subsequent filings for NB or Alt CO NB w/ Existing Elements jobs pre-filed on or after November 8, 2021 are also subject to review under the new process.

The interim DOB NOW process, where energy examiners were assigned as secondary examiners to review the same “PlansSketch” file that primary examiners were reviewing, began in March 2021. Any NB or Alt CO NB w/ Existing Elements (excluding 1,2,3 family) jobs that include GC/MS/BE/PL/FO work types for any Initial, and Subsequent jobs pre-filed or filed before November 8, 2021 are subject to this process.

The new fees are outlined in the October 15, 2021 Service Notice: https://www1.nyc.gov/assets/buildings/pdf/ecc_compliance_review_fees_sn.pdf

* includes ALT-CO - New Building Existing Elements to Remain.

Yes – both Plan Exam and Pro-Cert applications are required to pay the new fees.

No – only the initial job filing is charged an Energy Fee. Subsequent filings are not subject to the Energy Fees.

For GC job approval not to be contingent upon the submission and approval of related mechanical work scope job applications (i.e., MS, BE, PL), we require certain essential information of mechanical systems in the GC filing. This information is solely for Energy Code Compliance and not for the other Construction Codes. The information entered in the initial GC filing will be pre-populated into the Energy component of the subsequent filings and can be amended with further subsequent filings. The essential mechanical information required in GC filings include fuel use, system capacity, equipment efficiency, but does not include equipment specifications.

As part of the Energy Submission, the ‘EN Plan Sets’ are required to be submitted separately from the GC ‘Plans/Sketch’ file.

Essential energy compliance data, including Professional Statement, TR8 Progress Inspections Table, Energy Analysis, Commissioning Statement, etc. must be included in the EN Plans.

Supporting Documentation, i.e., construction documents for Arch/PL/MS/BE must be submitted as part of the respective main ‘PlansSketch’ file. Duplicate Supporting Documentation data should not be included in the EN Plans.

The EN Plans should include a Supporting Documentation Index, as described in Figure 2 of RCNY 5000-01 that acts as an indexing guide linking the energy code requirements with the details in the main filing set.

Yes – the reviews occur in parallel. The reviews can happen independent of each other; however, final approval of the main set is dependent on approval of the EN Plans.

No - energy analysis must be submitted for review and approval. Energy modeling projects must submit all related applications. If the design team chooses to submit a COMcheck as a place holder, that is acceptable, as long as the application demonstrates compliance through COMcheck.

Unless it was an energy model, if you file a GC only, only the GC portion will be reviewed. The MS application will get a separate review. And, to the extent possible, dependent on examiner backlog, it will be assigned to the same examiner.

If you can file the addition as an additional doc in BIS, then the new system would not apply. But if you need to file it as a new job then that would have to be done in DOB NOW and would apply.

If the initial application is filed as a combined filing (e.g., GC/MS), the EN Plans may include all of the architectural and MEP components but must be separately submitted under the Energy Submission.

For applications that are not combine filed, the EN Plans must be separately submitted for each of the work types.

In addition to the basic compliance information, such as the Professional Statement, TR8 Inspections Table, and Commissioning Statement, the Energy Analysis for a Plumbing filing should contain the plumbing equipment subject to the energy code. The Energy Analysis information may be presented on the MS filing and duplicated on the PL filing in either a tabular or mechanical COMcheck.

Only the applicant of the DOB NOW filing can upload the EN Plans related to that work type unless a delegated associate is added by the applicant and allows them to upload the analysis. The applicant must always attest, sign and submit.

If the MEP engineer is taking responsibility for the lighting analysis, then it should be included with the MS filing. Additional info may be requested on the GC filing.

ALT-CO applications that are not exempt based on historic building status are subject to Energy Code compliance.

Applicants should provide a simple tabular analysis reflecting the scope of the job. If the item does not have any Energy Code requirements, that must be indicated in the tabular analysis.

Q1. For alteration work, I’m being asked a question whether the alteration work is intended to reduce carbon emissions in accordance with Local Law 97 of 2019 (LL97). When should I select yes or no?

A1. You should select yes if the building undergoing an alteration is subject to LL97 and the scope of work of the alteration is intended to reduce carbon emissions. If a building is not subject to LL97 or the alteration work being done is not intended to reduce carbon emissions, then the applicant should select no.

Q2. The alteration work that is in the scope of my application will effectively be more energy efficient due to updated energy codes. Should I include the cost estimate of this scope of work as intended to reduce carbon emissions?

A2. The intent of this question is to get an understanding of what type of work is being done and how much it’s costing to comply with LL97. The cost estimate should be provided for work done specifically for purposes of reducing carbon emissions (e.g., converting boiler to Heat Pump, lighting retrofit, adding heat recovery, façade replacement, etc.). We are not asking for the cost of any energy consuming equipment that is for a standard tenant fit out and by the nature may be more efficient and less carbon intense than the prior.

The "Exit Signs" progress inspection was deleted from the TR8 form published on September 2016, however exit signs are still required to meet the code requirements of 5 Watt/side. For projects subject to the 2014 NYCECC or earlier, see What Applies When, either the "new" TR8 form without the exit sign progress inspection or the older TR8 form are acceptable.

Any new building that is required to comply with the residential provisions of the 2016 NYCECC is required to perform both IA6 Air sealing & insulation – visual and IA7 Air sealing and insulation - testing and indicate "yes" in Section 3A of the TR8 form.

Any new building that is required to comply with the commercial provisions of 2016 NYCECC and is between 25,000 and 50,000 sqft of floor area and less than or equal to 75 feet in height is required to perform IIA7 Air sealing and insulation - testing and indicate "yes" in Section 3A of the TR8 form.

Any new building that is required to comply with the commercial provisions of 2016 NYCECC and is greater than or equal to 50,000 sqft in floor area is required to perform both IIA6 Air sealing & insulation – visual, if the Air Barrier Continuity Plan is the chosen method of compliance, or IIA7 Air sealing and insulation – testing, if whole building pressurization testing is the chosen method of compliance.

All other buildings required to comply with the commercial provisions of the 2016 NYCECC shall require either IIA6 Air sealing & insulation – visual or IIA7 Air sealing and insulation - testing.

Tight-fitting noncombustible fireplace doors to control infiltration losses are required on all wood-burning fireplaces, fireplaces listed and labeled in accordance with UL127, and fireplaces listed and labeled in accordance with UL907 per the 2016 NYCECC, Section R402.4.2. Additionally, the NYC MC, Section 901.7 requires tight-fitting noncombustible fireplace doors be installed on masonry or factory-built fireplaces designed to allow an open burn, decorative appliances installed in a vented solid fuel fireplace (ANSI Z21.60 gas-log style unit), and vented decorative gas fireplace appliances (ANSI Z21.50 unit). If a project contains any of the above fireplaces, the TR8 item for fireplaces shall be identified on the TR8 form as a required inspection.

Although most of the progress inspection requirements may be completed by the commissioning agent, TR-8 inspection items are still required, including testing of HVAC system controls. The testing of HVAC controls does not need to be performed for both the commissioning report and the TR8 inspection report, but the documentation needs to be in both the commissioning report and the TR8 inspection report.

In accordance with §28-104.2.4, the HVAC units and associated controls must be brought into compliance with the current edition of the Energy Code in effect at the time of filing the application to legalize the units.

In accordance with §28-104.2.4, the thermal enclosure of the unpermitted enlargement must be insulated and thermal fenestration assemblies installed according to the values required for new construction, either on the exterior or the interior, as per the requirements of Section R502. Additionally, the air barrier testing requirements apply to additions. Exceptions for alterations in Section R503.1 do not apply.

Yes. The Building Code considers a basement as a story and contributes to the total number of stories (see definition of "story above grade plane" in Building Code chapter 2). A cellar as defined by the Building Code does not constitute a story.

Yes. On the PW1 form in Section 10, you need to check compliance. You should then address the specific scope of your work in your energy analysis. We recommend that you use the tabular analysis format for this, see sample below. If no work actually needs to comply with the NYCECC, you can enter NA in the column marked Proposed Values and NA in the column marked Prescriptive Values and provide the citation for the provision that allows you to not comply where applicable. You will also be required to submit a completed TR8 form for plan approval. You can simply check No to all lines, if appropriate, sign and seal the form and submit it with your drawings. The form will not be required for permit or sign-off. See the Energy Code Forms page for more information.

Energy Analysis

Climate Zone 4A – 2016 NYCECC Chapter C4 – Alt 2 Application to renovate apartment

Yes. On the PW1 form in Section 10, you need to check compliance. You should then address the specific scope of your work in your energy analysis. We recommend that you use the tabular analysis format for this, see sample below. If no work actually needs to comply with the NYCECC, you can enter NA in the column marked Proposed Values and NA in the column marked Prescriptive Values and provide the citation for the provision that allows you to not comply where applicable. You will also be required to submit a completed TR8 form for plan approval. You can simply check No to all lines, if appropriate, sign and seal the form and submit it with your drawings. The form will not be required for permit or sign-off. See the Energy Code Forms page for more information.

Energy Analysis

Climate Zone 4A – 2016 NYCECC Chapter C4 – Application to perform Local Law 11 work

Yes. On the PW1 form in Section 10, you need to check compliance. You should then address the specific scope of your work in your energy analysis. We recommend that you use the tabular analysis format for this, see sample below. If no work actually needs to comply with the NYCECC, you can enter NA in the column marked Proposed Values and NA in the column marked Prescriptive Values and provide the citation for the provision that allows you to not comply where applicable. You will also be required to submit a completed TR8 form for plan approval. You can simply check No to all lines, if appropriate, sign and seal the form and submit it with your drawings. The form will not be required for permit or sign-off. See the Energy Code Forms page for more information.

Energy Analysis

Climate Zone 4A – 2016 NYCECC Chapter C4 – Application to perform roof replacement

Landmarked buildings are not considered historic unless the building is also either the National or State Register or certified as eligible for such designation, and must comply with the NYCECC. Section R3 or C3 requires you to use default thermal and solar heat gain values for site-built windows. These default values do not meet the prescriptive values required by the NYCECC in either Chapter R4 or Chapter C4. You have four options:

1. Propose listed (not site-built) wood window assemblies to the Landmarks Commission.
2. Arrange a meeting with both Landmarks and the Department's Energy Code officials to arrive at a solution, possibly finding other ways to mitigate the calculated energy loss in the building.
3. Obtain certification of eligibility from the National or State Historic Preservation Office; see the New York City Energy Conservation Code main page for more information.
4. Request a variance from the New York State Department of State; see the Variance section on the New York City Energy Conservation Code main page for more information.

If the air supported structure is a permanent structure and it is enclosing conditioned space, the structure is subject to the provisions of the NYCECC. If the permit is for a temporary structure, as described in section 28-111 and BC 3103, it can be exempt as per, 1 RCNY 5000-01 (e)(2)(iii).

Any building enclosure is required to meet the provisions of the NYCECC, unless one of the exemptions are met. If the sidewalk café enclosure is conditioned, the NYCECC requirements will be enforced for envelope, HVAC and lighting provisions. If the sidewalk café enclosure is unconditioned, then the Energy Code envelope requirements are exempt, HVAC is not present due to an unconditioned space, but lighting would still be subject to the NYCECC requirements.

Construction trailers are considered temporary structures and thus are exempt from the requirements of the NYCECC. RCNY 5000-01(e)(2)(iii) states "Temporary structures (as described in sections 28-111 and BC 3103) are exempt from compliance with the Energy Code.

In tenant fit-out spaces, all equipment that is in the scope of work, must comply with the requirements of the NYCECC. Where temporary lighting is part of the scope of work, the temporary lighting must comply with all of the applicable Lighting & Power requirements, including lighting power densities and controls requirements.

While the individual modular homes are certified by NYS, the total home assembly is not and will need to comply with the NYCECC. The following is required as minimum compliance with the NYCECC:

1. Statement on the drawings that the home is certified by NY State,
2. Statement on the drawings that the home complies with the 2016 NYCECC,
3. Documentation that the home was certified by NY State,
4. List of applicable progress inspections, including:
   1. Air sealing and insulation - visual - IA6
   2. Air sealing and insulation - testing - IA7
   3. Electrical energy consumption - IC1
   4. Maintenance Information - ID1
   5. Permanent Certificate - ID2
   6. Solar Ready Requirements - ID3

There is not an NYC-amended version of ASHRAE 90.1-2013 in COMcheck. Therefore, a compliant COMcheck using ASHRAE 90.1-2013, may result in non-compliance with the 2016 NYCECC Appendix CA (NYC modification to ASHRAE 90.1-2013). ComCheck ASHRAE 90.1-2013 may be used to show compliance with the 2016 NYCECC Appendix CA (NYC modification to ASHRAE 90.1-2013), however some of the mechanical and lighting provisions have been amended. The design shall meet the requirements in the code, not only the requirements in ComCheck. Keep in mind that each of the proposed values in the ComCheck report and those values that are not listed in the ComCheck report shall be listed in the Supporting Documentation Index and keyed to the appropriate detail throughout the construction documents. A sample of the Supporting Documentation Index is found in Figure 2 of RCNY 5000-01.

Buildings where the window-wall ratio exceeds 40% may comply with either 2016 NYCECC or ASHRAE 90.1-2013 as modified by Appendix CA by using either ComCheck or Energy Modeling as the energy analysis method. Buildings following the 2016 NYCECC with a window-wall ratio over 40% would only be able to show compliance using ComCheck if both the minimum daylight area and the daylighting control provisions are met per C402.4.1. The ComCheck software uses Section C402.1.5 to determine envelope compliance with the 2016 NYCECC, and uses Appendix C of ASHRAE 90.1-2013 to determine envelope compliance with ASHRAE 90.1-2013. See Admin, Forms, and Inspection Question #17 for ComCheck compliance using ASHRAE 90.1-2013.

All changes made during construction need to be documented and submitted to the DOB on an EN2: As Built Energy Analysis form. In this situation, the progress inspector (TR8 agent) responsible for the envelope insulation inspection should choose the box on the EN2 form indicating either that the revised energy analysis is attached with the EN2 form or that the last revised energy analysis was previously submitted and approved as a post-approval amendment (PAA) and indicate the approval date. The TR8 Progress Inspectors need to sign off on the EN2 form stating that the revised energy analysis conforms to the as-built conditions that were witnessed during construction. Please also refer to Section 28-104.3 of the Administrative Code.

No, this is not true. The requirements for the NYCECC are based on the original file date of the drawings. For a renovation project that is filing today, the 2016 NYCECC applies to the scope of the renovation. Please refer to the "Energy Code Version Table: What Applies When" for details.

For an NB application to qualify for the old "Zone Green" wall thickness deductions, it must have been filed before 12/6/23. Applications submitted after this date do not qualify for the old deduction.

New construction must provide modeled documentation of energy performance. Being fully electrified without providing energy performance is not sufficient for new construction to qualify for the 5% floor area exclusion.

If a building is seeking the deduction provided by ZR 12-10, the building would need to comply with LL154 as a NB filing after 7/1/2027.

The building must comply with part (a), section (b)(2), (c), and (d) to qualify for the 5% floor area exclusion.

The component performance alternative is the algorithm the ComCheck software uses to determine compliance with the Commercial provisions of the 2016 NYCECC (and also the 2015 IECC). So, if you would like to verify compliance with C402.1.5, the ComCheck report is required for the Energy Analysis. US Department of Energy has a presentation on ComCheck Basics for the 2015 IECC and ASHRAE 90.1-2013 compliance.

Keep in mind that each of the proposed values in the ComCheck report shall be listed in the Supporting Documentation Index and keyed to the appropriate details throughout the construction documents. A sample of the Supporting Documentation Index is found in Figure 2 of RCNY 5000-01.

Buildings where the window-wall ratio exceeds 40% may comply with either 2016 NYCECC or ASHRAE 90.1-2013 as modified by Appendix CA by using either ComCheck or Energy Modeling as the energy analysis method. Buildings following the 2016 NYCECC with a window-wall ratio over 40% would only be able to show compliance using ComCheck if both the minimum daylight area and the daylighting control provisions are met per C402.4.1. The ComCheck software uses Section C402.1.5 to determine envelope compliance with the 2016 NYCECC, and uses Appendix C of ASHRAE 90.1-2013 to determine envelope compliance with ASHRAE 90.1-2013. See Admin, Forms, and Inspection Question #17 for ComCheck compliance using ASHRAE 90.1-2013.

All changes made during construction need to be documented and submitted to the DOB on an EN2: As Built Energy Analysis form. In this situation, the progress inspector (TR8 agent) responsible for the envelope insulation inspection should choose the box on the EN2 form indicating either that the revised energy analysis is attached with the EN2 form or that the last revised energy analysis was previously submitted and approved as a post-approval amendment (PAA) and indicate the approval date. The TR8 Progress Inspectors need to sign off on the EN2 form stating that the revised energy analysis conforms to the as-built conditions that were witnessed during construction. Please also refer to Section 28-104.3 of the Administrative Code.

For the R-value requirement of R-11.4 to be met, the entire wall assembly must have continuous insulation. The R-value requirement of R-11.4 ci is not met since this project contains uninsulated balconies, without insulation. For insulation to be considered continuous, an allowance for 20 gage 1-inch clips spaced no closer than 24 in. on center horizontally and 16 in. on center vertically, is permitted, as described in ASHRAE 90.1-2013 Appendix A, Section A3.1.2.2.

To show compliance, the U-factor of the insulated wall assembly must be calculated using ASHRAE 90.1-2013 Appendix A. The U-factor of the uninsulated balcony needs to also be calculated with the thickness of the uninsulated balcony being that of the adjacent wall assembly thickness. For an example on how to input this wall type into ComCheck, see figure BE-7 of the How-to Guide: Supporting Documentation – Building Envelope.

The replacement windows are required to meet the U-factor and SHGC requirements. Trade-offs are not available for the building envelope when performing an alteration, unless the energy modeling compliance path is chosen.

All windows are required to be labeled and certified by the manufacturer per the 2016 NYCECC Sections R303.1.3 and C303.1.3. For a product that does not have a label, such as site-built windows, a default value for U-factor should be used, as per the previous code sections.

A physical "label" or sticker on the window is not required, as long as submittals that certify the labeling of each unit accompany the product and can be traced to each unit, upon review by the TR8 Inspector. The Department has the authority to request such certification.

A blower door test is the colloquial term for an air leakage pressurization test, during which a fan is mounted into the frame of an exterior door and either pressurizes or depressurizes the building to a pressure difference of 50 Pascals (approximate equivalent of a 20 mph wind). The 2016 NYCECC Section R402.4.1.2 now requires that all buildings subject to the residential provisions perform this test on the building at a pressure of 50 Pascals and that a third party certify that no more than 3 air changes per hour escapes the building thermal envelope. The 2016 NYCECC also requires that buildings between 25,000 and 50,000 square feet and less than 75 feet in height perform a blower door test and certify that the air leakage is less than 0.4 cubic feet per minute of enclosed building area, per Section C402.5.1.3. Buildings requiring air leakage testing and containing multiple dwelling units may follow the sampling protocol listed in Section R402.4.1.2.3.

If a building fails the required air leakage test by exceeding the minimum leakage rate, the building must be sealed and retested until the air leakage rate does not exceed the minimum target. A building cannot be signed off (i.e. obtain a certificate of occupancy) until the air leakage test is met and passed.

Any 'new building' or addition to an existing building is not considered historic according to the NYCECC and would have to comply with the provisions of the code. Depending on how the façade is incorporated into design, that portion of the building may be exempt as historic. But, if an entirely new wall is incorporated with only the façade remaining, then that wall and the remainder of the new construction work shall comply with the provisions of the code – with one caveat, if adding insulation to that portion of the existing wall would create a hazardous or unsafe condition or would result in a condition such as freeze-thaw and cracking of the element, blockage of a vented drainage cavity, or condensation or mold in or around the element, the insulation for that portion alone may be limited to the original thermal value. This caveat is outlined in Section 3 of the Buildings Bulletin 2017-006.

If the building is a contributing building located in a Historic District listed on the national register of historic places, then it may be exempt from the energy code. However, if the building is not contributing to the historic district, then any renovation must comply with the NYCECC per C5 or R5. Any addition to an existing building is not considered historic according to the NYCECC and would have to comply with the provisions of the code.

Section C505 of the 2016 NYC Energy Conservation Code states: "Spaces undergoing a change in occupancy that would result in an increase in demand for either fossil fuel or electrical energy shall comply with this code." The building shall be brought into compliance with the 2016 NYCECC if the proposed spaces will increase the demand in energy from the existing spaces. We are unable to tell from a general description, such as ‘commercial purposes', of the occupancy type of the existing building. When documenting a conversion from one occupancy to another, the applicant should be as specific as possible.

If the existing building was a warehouse, clearly this will be an increase in energy demand when converting to residential occupancy and full code compliance is required. If the building is an office space, there may or may not be an increase in energy demand when converting to residential occupancy. If there is no increase in energy demand, then the existing walls, as described, would not need to be brought up to full code compliance.

The department requires that the air leakage testing is performed by a third party, independent of the permit holder, and is observed by an approved progress inspection agency, which is defined in RCNY 101-07.

The table on page 4 of 1 RCNY 101-07 lists the qualifications necessary for energy code compliance inspections - which would include blower door testing.

The Air Barrier Continuity Plan is a mandatory requirement for all projects with conditioned floor area greater than 50,000 square feet. It requires that each unique joint or seam in the building envelope is specified in the construction documents and clearly indicates the air barrier materials and details of each. Ideally, the list of unique joints and seams are placed in a schedule, identifying the location of each detail, and also including information such as the typical joint and seam conditions, testing method options for each joint or seam, sampling rates of testing, quality control process in the test, and guidelines for test reports and final certificates.

For more information, see page BE-5 of the How-To Guide: Supporting Documentation – Building Envelope.

The doors that you have described are not considered building entrances, as they are used to access balconies/terraces and not used ordinarily to gain access to the building. The definition of building entrance is any doorway, set of doors, revolving door, vestibule, or other form of portal that is ordinarily used to gain access to the building or exit from the building by its users and occupants. Assuming the door from an office terrace only provides entry to the office space, and is not used by the public to gain access to the remainder of the building, then a vestibule is not required.

For a core and shell building application, a note on the drawings indicating that prior to use/occupancy of the space, the tenant/user shall file an Alteration job application with documents that demonstrate the vestibules are configured in compliance with the current NYCECC at the time of submission will suffice.

These air leakage requirements pertain to components of the building envelope, not interior construction. These sections relates to fenestration, exterior doors, curtain walls, storefront glazing, revolving doors, and skylights. So there are no air leakage requirements for "vestibules and interior doors." Any walls of the vestibule that are part of the building envelope must comply with provisions of the NYCECC. Keep in mind that buildings that follow the whole building air leakage testing and show compliance by limiting the air leakage to less than 0.4 cfm/ft2 under a pressure differential of 75 Pascals, are exempt from the specific fenestration and door air leakage requirements.

The air barrier should be continuous (NYCECC C402.5.1 and ASHRAE 5.4.3.1) and is part of the thermal envelope. In general, the exterior envelope of conditioned vestibules shall comply with the requirements for a conditioned space. When following the NYCECC compliance path, the interior envelope of an unconditioned vestibule shall comply with the requirements for a conditioned space. And, when following the ASHRAE compliance path, the interior and exterior envelope of unconditioned vestibules shall comply with the requirements for a semiheated space.

In general, fenestration is a portion of the wall that allows light through. Spandrel walls are considered opaque walls not fenestration.

Buildings where the window-wall ratio exceeds 40% may comply with either 2016 NYCECC or ASHRAE 90.1-2013 as modified by Appendix CA by using either ComCheck or Energy Modeling as the energy analysis method. Buildings following the 2016 NYCECC with a window-wall ratio over 40% would only be able to show compliance using ComCheck if both the minimum daylight area and the daylighting control provisions are met per C402.4.1. The ComCheck software uses Section C402.1.5 to determine envelope compliance with the 2016 NYCECC, and uses Appendix C of ASHRAE 90.1-2013 to determine envelope compliance with ASHRAE 90.1-2013.

See Admin Question #17 for ComCheck compliance using ASHRAE 90.1-2013.

The code applies to the scope of work that is being replaced. In this case, you wish to replace the insulated glazing unit (IGU) and only part of the framing. However, the performance is based on the total assembly, thus the horizontal mullions and the IGUs may have to compensate for the existing vertical mullion thermal performance if it remains. You will need to have the manufacturer model the thermal performance and take into account the vertical mullions (using Window and Therm programs). Thus, you would demonstrate that the total assembly meets the code prescribed u-value of 0.38. Any glazing that is replaced must meet the SHGC of 0.40.

Please confirm that while increasing the area of glazing, that you are not exceeding a 40% window to wall ratio (if following ASHRAE), or 30% if following the NYCECC without daylighting controls, or 40% if following the NYCECC with required daylighting controls. If these glazing area limits are exceeded, a whole-building energy model is required, as per C502.2.1.

As a reminder, fenestration that is not certified using the allowed test procedures of Table C402.5.2 will require air leakage testing of the assembly as per C402.5.1.2.2.

Yes, the paragraph under subsections 2.1 and 2.2 in the 2016 NYCECC Section C403.3 exception 2 applies to both subsection 2.1 and 2.2 and essentially puts a limit on the capacity of cooling systems that may be installed without an economizer. The ASHRAE compliance path does not have this requirement – therefore if you have a building designed with systems without an economizer, including PTAC, VRF, WSHP, PTHP, systems smaller than 54,000 BTU/h, often using the ASHRAE compliance path is required for compliance.

Per the 2016 NYCECC, VRF systems are required to have economizers, unless one of the exceptions is met. The indoor fan unit capacity should be used instead of the outdoor condenser capacity to determine the applicability of Exception 2 of Section C403.3. Evaporators (indoor units) less than 54,000 BTU/h may be exempt from the economizer requirements, as long as the capacity of evaporators without an economizer does not exceed the greater of 20 percent of the total supply capacity of all evaporators/fan-cooling units within the building or 300,000 BTU/h.

If using ComCheck for compliance, an exception appears for the outdoor/condenser unit of a VRF system for the reasons below, but not apply to the indoor/evaporator unit:

"The VRF heat pump system is realistically just the outdoor unit that has the compressor side of the system and distributes the refrigerant to the VRF Zone Fan Units. The capacity corresponding to this outdoor unit will likely be close to the load that all the individual indoor zone units call for. This capacity value in turn triggers the economizer requirement to be enforced but in reality, and technically speaking, the VRF outdoor unit cannot have economizers given they just move refrigerant through a system and don't involve fans and air movement. So, we give the user the ability to exempt the economizer requirement for the VRF outdoor unit using the exception "VRF outdoor/central unit". The VRF indoor zone/fan units should be specified separately and will generally have a much different and smaller capacity that may or may not trigger the economizer requirement."

The 2016 NYCECC requires economizers on all cooling systems, unless the indoor unit is less than 54,000 BTU/h. All of the PTAC units are 18,000 BTU/h (or 1.5 tons) so all may be exempt from an economizer, however there is a whole building limit on the capacity of cooling systems without an economizer – either 300,000 BTU/h or 20% of the total cooling capacity, whichever is greater. The design in this example has 3 tons (36,000 BTU/h) cooling in each of the 20 apartments – for a total of 720,000 BTU/h cooling capacity in the building. In this example, 300,000 BTU/h is greater than 144,000 BTU/h (20% of 720,000 BTU/h ), so 300,000 BTU/h cooling capacity may be without economizers and 420,000 BTU/h cooling must have economizers. PTAC units are typically not equipped with outdoor air economizers – so either outdoor air must be ducted to the space and controlled with the PTAC conditioning requirements, or Appendix CA must be followed. The requirements in Appendix CA (ASHRAE 90.1-2013 with NYC amendments) has similar economizer requirements, however there is no whole building limit of cooling systems without economizers. Keep in mind that projects may only utilize one compliance path for the entire project, so if ASHRAE 90.1 is used for compliance for the mechanical systems, it must also be used for envelope and lighting.

The commissioning provisions are based on the capacity of the heating and cooling equipment being installed. The threshold is 600,000 BTU/h for heating equipment (inclusive of domestic water heating equipment) and 480,000 BTU/h for cooling equipment (i.e. 20-tons of air conditioning). Renewable energy systems (i.e. solar panels) are also required to be commissioned if the installed system exceeds 25 kW.

Although most of the progress inspection requirements may be completed by the commissioning agent, TR-8 inspection items are still required, including testing of HVAC system controls. The testing of HVAC controls does not need to be performed for both the commissioning report and the TR8 inspection report, but the documentation needs to be in both the commissioning report and the TR8 inspection report.

The requirements of an "Approved Agency" are found in 1 RCNY 101-07 - specifically sections (b) and (c).

Although the Energy Code does not mandate the requirement of a third-party commissioning agent, the above rule does indicate that progress inspection agencies have an obligation to avoid conflicts of interests. Please refer to (c)(3)(ii), "Obligation to avoid conflict of interest. A progress inspector and/or a progress inspection agency shall not engage in any activities that may conflict with their objection judgment and integrity, including, but not limited to, having a financial and/or other interest in the construction, installation, manufacture or maintenance of structures or components that they inspect."

DOB requires a letter acknowledging that the owner has received the preliminary commissioning report before the required item "Preliminary Commissioning Report Certification" is received in BIS. The approved agency who is performing the commissioning on the building shall certify that the commissioning test procedures and results were completed. The approved agency shall also provide the certified report to the building owner or owner's authorized agent. The owner, owner's agent, or approved agency shall send a letter to DOB at cx@buildings.nyc.gov with the project name and project number as the subject line. The letter should include the following: business letterhead, DOB application #, a general description of the equipment commissioned, block and lot #s, address, and from which company the report was received. This letter is not required to be in any specific format.

Please also submit the final commissioning report to cx@buildings.nyc.gov with project name and project number as the subject line. For additional information regarding commissioning, see pages OR-7 and OR-8 of the How-To Guide: Supporting Documentation – Other.

You are correct that commissioning MAY be applicable to a building that is subject to the commercial provisions of the NYCECC (i.e. 4 story single or two-family home – see the definition of "commercial building") – however, the commissioning provisions are based on the capacity of the heating and cooling equipment. The threshold is 600,000 BTU/h for heating equipment (inclusive of domestic water heating equipment) and 480,000 BTU/h for cooling equipment (i.e. 40-tons of air conditioning). A single or two-family home should never exceed these values, especially with the increased insulation and air tightness requirements in the energy code.

Class I motorized dampers are not required in all locations if you meet the exceptions of C403.2.4.3. Those exceptions allow gravity dampers in limited locations. If you do not meet those exceptions, then the damper must be motorized. If you are following ASHRAE 90.1, there are also exceptions to the requirements for motorized dampers. Should you not meet the exceptions and wish to appeal, you may submit a request for a variance to the State. The City is unable to provide a variance to State requirements.

Any building enclosure is required to meet the provisions of the NYCECC, unless one of the exemptions are met. If the sidewalk café enclosure is conditioned, the NYCECC requirements will be enforced for envelope, HVAC and lighting provisions. If the sidewalk café enclosure is unconditioned, then the Energy Code envelope requirements are exempt, HVAC is not present due to an unconditioned space, but lighting would still be subject to the NYCECC requirements.

All spaces within a new building, even those spaces designated for future tenants must comply with all of the applicable requirements in the NYCECC. There is no exemption for lighting within unleased tenant spaces. The Lighting & Power requirements of Section C405 or Section 9 of ASHRAE 90.1, including the lighting power density and daylighting controls requirements must be met. Both compliance paths do not require daylighting in primary sidelighted areas when the total lighting power within the daylight zone is 150 Watts or less. ASHRAE 90.1 Section 9.4.1.1 (e) also does not require daylighting in primary and secondary sidelighted areas when the total lighting power within both the primary and secondary daylight zones is 300 Watts or less.

The use of an iPad as a lighting control device is acceptable only if it is permanently affixed to a surface of the building or space. In addition, the following conditions are also met:

• Permanent time switch control including the manual override meeting all provisions of C405.2.2.1
• Accessory spaces (storage, office, restrooms) comply with occupancy sensor controls
• iPad controls meet the requirements of manual controls in C405.2.2.3

In general, corridors are not exempt from the controls requirements. The 2016 NYCECC Section C405.2 requires that lighting systems are provided with controls – manual controls, either time switch or occupancy sensors, and daylighting controls, where applicable. The Exceptions to Section C405.2 essentially exempt security or life safety lighting from the controls requirements, allowing 24/7 operation. This does not enable all of the lighting in the corridors and stairwells to be exempt from controls, only the specific lighting fixtures that are required for emergency egress are exempt from controls requirements. When however, the corridor is an exit passageway, as defined by the 2014 Building Code Section 1023, no lighting controls are required. Note that an area cannot be considered an exit passageway if an elevator opens into the space (BC 1023.5) – therefore many corridors are not exit passageways.

Additionally, the 2014 Building Code Section 1006.2 lists the foot-candle requirements at the walking surface and allows lighting with controls, and only requires that the illumination level is not reduced below the minimum requirements of Section 1006.2 (typically 1 foot-candle). Therefore, in corridors, only the lighting required to meet the illumination levels of BC Section 1006.2 is exempt from the controls requirements, other lighting must be controlled per the 2016 NYCECC Section C405.2.

The "Exit Signs" progress inspection was deleted from the TR8 form published on September 2016, however exit signs are still required to meet the code requirements of 5 Watt/side. For projects subject to the 2014 NYCECC or earlier, see What Applies When, either the "new" TR8 form without the exit sign progress inspection or the older TR8 form are acceptable.

The replacement windows are required to meet the U-factor and SHGC requirements. Trade-offs are not available for the building envelope when performing an alteration, unless the energy modeling compliance path is chosen.

Any ‘new building' or addition to an existing building is not considered historic according to the NYCECC and would have to comply with the provisions of the code. Depending on how the façade is incorporated into design, that portion of the building may be exempt as historic. But, if an entirely new wall is incorporated with only the façade remaining, then that wall and the remainder of the new construction work shall comply with the provisions of the code – with one caveat, if adding insulation to that portion of the wall would create a hazardous or unsafe condition or would result in a condition such as freeze-thaw and cracking of the element, blockage of a vented drainage cavity, or condensation or mold in or around the element, the insulation for that portion alone may be limited to the original thermal value. This is caveat is outlined in Section 3 of the Buildings Bulletin 2017-006.

If the building is a contributing building located in a Historic District listed on the national register of historic places, then it may be exempt from the energy code. However, if the building is not contributing to the historic district, then any renovation must comply with the NYCECC per C5 or R5. Any addition to an existing building is not considered historic according to the NYCECC and would have to comply with the provisions of the code, regardless if the building is contributing to the historic district.

Section C505 of the 2016 NYC Energy Conservation Code states: "Spaces undergoing a change in occupancy that would result in an increase in demand for either fossil fuel or electrical energy shall comply with this code."

The building shall be brought into compliance with the 2016 NYCECC if the proposed spaces will increase the demand in energy from the existing spaces. We are unable to tell from your description "commercial purposes" of the occupancy type of the existing building.

If the existing building was a warehouse, clearly this will be an increase in energy demand when converting to residential occupancy and full code compliance is required. If the building is an office space, there may or may not be an increase in energy demand when converting to residential occupancy. If there is no increase in energy demand, then the existing walls, as described, would not need to be brought up to full code compliance.

The code applies to the scope of work that is being replaced. In this case, you wish to replace the insulated glazing unit (IGU) and only part of the framing. However, the performance is based on the total assembly, thus the horizontal mullions and the IGUs may have to compensate for the existing vertical mullion thermal performance if it remains. You will need to have the manufacturer model the thermal performance and take into account the vertical mullions (using Window and Therm programs). Thus, you would demonstrate that the total assembly meets the code prescribed u-value of 0.38. Any glazing that is replaced must meet the SHGC of 0.40.

Please confirm that while increasing the area of glazing, that you are not exceeding a 40% window to wall ratio (if following ASHRAE), or 30% if following the NYCECC without daylighting controls, or 40% if following the NYCECC with required daylighting controls. If these glazing area limits are exceeded, a whole-building energy model is required, as per C502.2.1.

As a reminder, fenestration that is not certified using the allowed test procedures of Table C402.5.2 will require air leakage testing of the assembly as per C402.5.1.2.2.

In accordance with §28-104.2.4, the HVAC units and associated controls must be brought into compliance with the current edition of the Energy Code in effect at the time of filing the application to legalize the units.

In accordance with §28-104.2.4, the thermal enclosure of the unpermitted enlargement must be insulated and thermal fenestration assemblies installed according to the values required for new construction, either on the exterior or the interior, as per the requirements of Section R502. Additionally, the air barrier testing requirements apply to additions. Exceptions for alterations in Section R503.1 do not apply.

Yes. On the PW1 form in Section 10, you need to check compliance. You should then address the specific scope of your work in your energy analysis. We recommend that you use the tabular analysis format for this, see sample below. If no work actually needs to comply with the NYCECC, you can enter NA in the column marked Proposed Values and NA in the column marked Prescriptive Values and provide the citation for the provision that allows you to not comply where applicable. You will also be required to submit a completed TR8 form for plan approval. You can simply check No to all lines, if appropriate, sign and seal the form and submit it with your drawings. The form will not be required for permit or sign-off. See the Energy Code Forms page for more information.

Energy Analysis

Climate Zone 4A – 2016 NYCECC Chapter C4 – Alt 2 Application to renovate apartment

Yes. On the PW1 form in Section 10, you need to check compliance. You should then address the specific scope of your work in your energy analysis. We recommend that you use the tabular analysis format for this, see sample below. If no work actually needs to comply with the NYCECC, you can enter NA in the column marked Proposed Values and NA in the column marked Prescriptive Values and provide the citation for the provision that allows you to not comply where applicable. You will also be required to submit a completed TR8 form for plan approval. You can simply check No to all lines, if appropriate, sign and seal the form and submit it with your drawings. The form will not be required for permit or sign-off. See the Energy Code Forms page for more information.

Energy Analysis

Climate Zone 4A – 2016 NYCECC Chapter C4 – Application to perform Local Law 11 work

Yes. On the PW1 form in Section 10, you need to check compliance. You should then address the specific scope of your work in your energy analysis. We recommend that you use the tabular analysis format for this, see sample below. If no work actually needs to comply with the NYCECC, you can enter NA in the column marked Proposed Values and NA in the column marked Prescriptive Values and provide the citation for the provision that allows you to not comply where applicable. You will also be required to submit a completed TR8 form for plan approval. You can simply check No to all lines, if appropriate, sign and seal the form and submit it with your drawings. The form will not be required for permit or sign-off. See the Energy Code Forms page for more information.

Energy Analysis

Climate Zone 4A – 2016 NYCECC Chapter C4 – Application to perform roof replacement

Landmarked buildings are not considered historic unless the building is also either the National or State Register or certified as eligible for such designation, and must comply with the NYCECC. Section R3 or C3 requires you to use default thermal and solar heat gain values for site-built windows. These default values do not meet the prescriptive values required by the NYCECC in either Chapter R4 or Chapter C4. You have four options:

1. Propose listed (not site-built) wood window assemblies to the Landmarks Commission.
2. Arrange a meeting with both Landmarks and the Department's Energy Code officials to arrive at a solution, possibly finding other ways to mitigate the calculated energy loss in the building.
3. Obtain certification of eligibility from the National or State Historic Preservation Office; see the New York City Energy Conservation Code main page for more information.
4. Request a variance from the New York State Department of State; see the Variance section on the New York City Energy Conservation Code main page for more information.