Progress inspections for Energy Code compliance are mandated by Section BC 109.3.5. 1 RCNY §5000-01. The Energy Code Compliance Rule establishes Department standards for progress inspections during construction.
1 RCNY §101-07, the Approved Agencies Rule, describes the qualifications for progress inspectors for Energy Code compliance in Subdivision (c), Paragraph (3).
Progress Inspectors must verify that construction meets the provisions of the approved drawings. They are not required to consult the Energy Code, therefore, the inspections must be detailed in the construction drawings and the contractor instructed in the drawings to allocate time for the inspections in the construction schedule.
Applicants of record may perform the progress inspections for the work they designed. Registered design professionals who are not applicants of record must satisfy experience qualifications for the work they are inspecting. Supplemental inspectors must work under the direct supervision of a registered design professional and must meet certain experience qualifications for the work they are inspecting. They are not permitted to sign-off on the inspections; only a registered design professional may sign the TR8 form and the EN2 form.
Owners are required to retain registered design professional(s) to perform progress inspections. Such professionals must not have a conflict of interest for the project they are inspecting. Progress inspectors must verify that the construction, as it progresses, conforms to the approved construction drawings.
When related special inspections are required to be completed before progress inspections are performed, the progress inspector must not perform the progress inspections until they are completed. When construction that must be inspected differs from the approved drawings such that the progress inspection cannot be adequately performed, the progress inspector must wait until the drawings and energy analysis are updated and approved as appropriate before commencing the inspections.
Unless otherwise noted in Tables I and/or II of 1 RCNY §5000-01, progress inspectors must inspect at least 15% of the construction work for a given progress inspection and at least one of each unit type – see 1 RCNY §101-07(c)(3)(v)(C)-1 for more information. The progress inspector alone may determine which part(s) of the construction gets inspected.
Phased progress inspections are permitted under certain circumstances, including but not limited to inspections for Temporary Certificates of Occupancy or inspections of controls used only seasonally. See 1 RCNY §101-07(c)(3) for more information.
Prior to sign-off, in addition to the TR8 form, the progress inspector must complete an EN2 Form. On the form, the progress inspector certifies that the values found in the actual construction match those in the last-approved energy analysis.
If construction differs from the last-approved energy analysis, the original preparer of the energy analysis must prepare an as-built energy analysis using the values actually used in the construction. The energy analysis must demonstrate compliance with the NYCECC and the preparer must sign and seal the analysis, and professionally certifying its veracity. The progress inspector must then certify in the EN2 form that the values in the professionally certified as-built energy analysis match the existing construction.
If the as-built energy analysis fails to comply with the NYCECC, the progress inspector cannot complete the EN2 form and the application will not be signed off.