Resolving Energy Code Violations

If construction differs from the last-approved set of drawings and a violation has been issued, there is a procedure to be followed for resolving violations.

To correct the violating condition in accordance with the approved plans:

  • Email energycodeinspections@buildings.nyc.gov (with the property address, job #(s) and BIN (s) in the subject line) to inform the department that the condition will be corrected. The body of the email should include the violation #, complaint #, property address, job #(s) and BIN(s),the intended date of completion, and a contact name and phone number of the responsible party.
  • When ready for re-inspection, email energycodeinspections@buildings.nyc.gov to request an inspection (the date and time will be assigned by the Department and will be communicated in an email response). Attach photos of the remedial work to demonstrate that the condition has been corrected and is visible so that a re-inspection can take place.
  • Once the inspection has been completed and corrected conditions have been verified, an email will be sent that should be attached to the AEU2: Certificate of Correction to be submitted to the Administrative Enforcement Unit (AEU) – be sure to do this prior to the cure date printed on the violation.

To correct the violating condition by amending the plans to match the field conditions and/or amended field conditions:

  • File a Post Approval Amendment (PAA) citing Drawings amended to address energy code violation #__. Do not include other work types that do not apply to the violation being resolved)
  • Notify energycodeinspections@buildings.nyc.gov
  • of the open PAA and attach the Drawings being amended for Review & Approval by Sustainability Enforcement.
  • Do not include any other work types in the PAA that do not apply to the violation being resolved.
  • Once you have been notified by Sustainability Enforcement that the PAA drawings are ready for approval, send an AI1 citing violation #, PAA Doc #, and drawing numbers with violation details (i.e. nature of violation and amendments).
  • Once the PAA is approved you will receive stamped drawings and Al1. Drawings and AI1 should be kept on site.
  • If there is no additional remedial work needed, Sustainability Enforcement will send an email stating your submission has resolved the violation. This email, with the Certificate of Correction (COC), should be submitted with your AEU2: Certificate of Correction Form to the Administrative Enforcement Unit for certification of the violation.
  • If the site requires additional remedial work, the work must be performed as per the approved amendment.
  • If a Partial Stop Work Order (PSWO) is in effect, the PSWO will be lifted once site conditions are verified.

Notices of Deficiency

Email energycodeinspections@buildings.nyc.gov ATTN: NOD within the timeframe specified on the notice to acknowledge the NOD and provide an explanation for the condition observed by the inspector. Include any supporting documentation requested by the Department.

Helpful Links