Chapter 10 - THE NEW YORK CITY ENERGY CONSERVATION CODE

Section 28-1001.1

Section 28-1001.1

  §  28-1001.1  Adoption  of the energy code. In accordance with section
11-109 of the New York state energy law, which permits any  municipality
to promulgate a local energy conservation construction code, the city of
New York hereby adopts the 2010 energy conservation construction code of
New  York  state  in  effect  and  any  amendments thereto that are more
stringent than such code adopted by the city of New York as the  minimum
requirements  for  the  design, construction and alteration of buildings
for the effective use of energy in the  city.  Such  adoption  shall  be
subject  to  amendments  pursuant  to local law and set forth in section
1001.2 of this chapter, which shall be known and cited as the "New  York
city amendments to the 2010 energy conservation construction code of New
York  state."  Such edition of the 2010 energy conservation construction
code of New York state with such New York city amendments shall together
be known and cited as the "New York city energy conservation code."

Section 28-1001.2

Section 28-1001.2

  §  28-1001.2  New York city amendments to the 2010 energy conservation
construction code of  New  York  state.  The  following  New  York  city
amendments to the 2010 energy conservation construction code of New York
state are hereby adopted as set forth in this section:
  Chapter 1
  Chapter  1  is deleted in its entirety and a new Chapter 1 is added to
read as follows:
                                CHAPTER 1
                             ADMINISTRATION
                             SECTION ECC 101
                     SCOPE AND GENERAL REQUIREMENTS
  101.1 General. These provisions shall be known and cited as  the  "New
York City Energy Conservation Code," "NYCECC" or "ECC," and are referred
to  herein  as  "this  code."  All section numbers in this code shall be
deemed to be preceded  by  the  designation  "ECC."  Administration  and
enforcement  of  this  code  shall be in accordance with Title 28 of the
Administrative Code.
  101.2 Scope. This code applies to residential buildings and commercial
buildings as defined in Chapter 2.
  101.2.1 References. Where reference is made within this  code  to  the
Building  Code  of  New  York  State, Existing Building Code of New York
State, Fire Code of New York State, Fuel Gas Code  of  New  York  State,
Mechanical  Code  of  New  York  State, Plumbing Code of New York State,
Property Maintenance Code of New York State or Residential Code  of  New
York  State,  the  reference  shall  be  deemed  to  be to the analogous
provision(s) of Title 28 of the Administrative Code (the New  York  City
Construction Codes), the 1968 Building Code, the New York City Fire Code
or the New York City Electrical Code.
  101.2.2  Occupancy  classifications.  For  determination  of occupancy
classification  and  use  within  this  code,  a  comparable   occupancy
classification shall be made to the New York City Building Code.
  101.2.3  Reconciliation  with Energy Conservation Construction Code of
New York State.  Whenever  any  provision  of  the  Energy  Conservation
Construction  Code  of  New  York  State  provides  for a more stringent
requirement than imposed by this code, the  more  stringent  requirement
shall govern.
  101.2.4 Other laws. The provisions of this code shall not be deemed to
nullify  any federal, state or local law, rule or regulation relating to
any matter as to which this code does not provide.
  101.3 Intent. This code shall regulate the design and construction  of
buildings  for  the  effective  use  of energy. This code is intended to
provide flexibility to permit  the  use  of  innovative  approaches  and
techniques  to  achieve  the  effective  use of energy. This code is not
intended  to  abridge  safety,  health  or  environmental   requirements
contained in other applicable codes or ordinances. To the fullest extent
feasible, use of modern technical methods, devices and improvements that
tend  to  minimize  consumption  of  energy  and utilize to the greatest
extent practical  solar  and  other  renewable  energy  sources  without
abridging reasonable requirements for the safety, health and security of
the occupants or users of buildings shall be permitted. As far as may be
practicable,   the   improvement  of  energy  conservation  construction
practices,  methods,  equipment,  materials  and  techniques  shall   be
encouraged.
  101.4  Applicability.  The  provisions of this code shall apply to the
construction of  buildings.  Where,  in  any  specific  case,  different
sections   of   this   code  specify  different  materials,  methods  of
construction or other requirements, the most restrictive  shall  govern.

Where  there  is a conflict between a general requirement and a specific
requirement, the specific requirement shall govern.
  101.4.1  Existing buildings. Except as specified in this chapter, this
code shall not be used to require the removal, alteration or abandonment
of, nor prevent the  continued  use  and  maintenance  of,  an  existing
building  or  building  system  lawfully  in  existence  at  the time of
adoption of this code.
  101.4.2 Historic buildings. An alteration or renovation to an existing
building or structure that (1) is listed in the New York State  Register
of Historic Places, either individually or as a contributing building to
a  historic district, (2) is listed in the National Register of Historic
Places, either individually or as a contributing building to a  historic
district,  (3)  has been determined to be eligible for listing in either
the New York State or  National  Register  of  Historic  Places,  either
individually  or  as  a contributing building to a historic district, by
the New York  State  Commissioner  of  Parks,  Recreation  and  Historic
Preservation,  or  (4) has been determined to be eligible for listing in
the National Register of Historic Places, either individually  or  as  a
contributing  building  to  a  historic  district,  by the United States
Secretary of the Interior, need not comply with this code.
  101.4.3 Additions, alterations,  renovations  or  repairs.  Additions,
alterations,  renovations  or  repairs to an existing building, building
system, equipment or portion thereof, other than repairs  of  equipment,
shall  conform  to  the  provisions  of  this code as they relate to new
construction without requiring the unaltered portion(s) of the  existing
building,  building  system  or  equipment  to  comply  with  this code.
Additions, alterations, renovations  or  repairs  shall  not  create  an
unsafe  or hazardous condition or overload existing building systems. An
addition shall be deemed to comply with this code if the addition  alone
complies  or if the existing building and addition comply with this code
as a single building.
  Exception: The following need not comply with the provisions  of  this
code provided that the energy use of the building is not increased:
  1. Storm windows installed over existing fenestration.
  2.  Glass-only  replacements  in  an existing sash and frame, provided
that the U-factor and the solar heat gain coefficient  (SHGC)  shall  be
equal to or lower than before the glass replacement.
  3.  Alterations, renovations or repairs to roof/ceiling, wall or floor
cavities, including spaces between furring strips,  provided  that  such
cavities are insulated to the full existing cavity depth with insulation
having a minimum nominal value of R-3.0/inch (R-2.0/cm).
  4.  Alterations,  renovations  or repairs to walls and floors in cases
where the existing structure is without  framing  cavities  and  no  new
framing cavities are created.
  5.  Reroofing  where  neither  the  sheathing  nor  the  insulation is
exposed.  Roofs without insulation in the cavity and where the sheathing
or insulation is exposed during  reroofing  shall  be  insulated  either
above or below the sheathing.
  6.  Replacement of existing doors that separate conditioned space from
the exterior shall not  require  the  installation  of  a  vestibule  or
revolving  door,  provided,  however,  that  an  existing vestibule that
separates a conditioned space from the exterior shall not be removed.
  7. An alteration that replaces less than 50 percent of the  luminaries
in  a  space,  provided  that  such  alteration  does  not  increase the
installed interior lighting power.
  8. An alteration that replaces only the bulb and  ballast  within  the
existing  luminaries  in a space, provided that such alteration does not
increase the installed interior lighting power.

  101.4.4 Change in occupancy or use.  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. Where the use  of
a  space  changes  from one use in Table 505.5.2 to another use in Table
505.5.2, the installed lighting wattage shall comply with Section 505.5.
  101.4.5  Change  in space conditioning. Any non-conditioned space that
is altered to become conditioned space shall comply with this code.
  101.4.6 Mixed occupancy. Where a building  includes  both  residential
and   commercial   occupancies,   each  occupancy  shall  be  separately
considered and shall meet the applicable provisions  of  Chapter  4  for
residential and Chapter 5 for commercial.
  101.5  Compliance.  Residential buildings shall meet the provisions of
Chapter 4. Commercial buildings shall meet the provisions of Chapter 5.
  101.5.1 Compliance software. Compliance may be determined through  the
use  of  computer  software developed by the United States Department of
Energy, including REScheck, COMcheck or DOE2; of  REM/Rate  home  energy
rating   and  REM/Design  home  energy  analysis  software  specifically
developed for the 2010 Energy Conservation Construction Code of New York
State; or of other  building  energy  modeling  or  home  energy  rating
software  ("HERS") approved by the New York State Secretary of State. In
the case of energy modeling, the commissioner may accept an energy  cost
budget worksheet based on ASHRAE 90.1 or Section 506 and any information
and/or  reports  showing  acceptable  results  of  the  energy modeling.
Software programs used to show compliance must indicate compliance  with
the  2010  Energy  Conservation  Construction  Code of New York State to
reflect the actual requirements  of  this  code.  REScheck  or  COMcheck
printout  forms  must show "Energy Conservation Construction Code of New
York State" in the title of the printout. Other software  programs  (for
example,  REM  Rate/REM  Design)  shall clearly indicate compliance with
2010 Energy Conservation Construction Code of New York State parameters.
Compliance with the mandatory code provisions of Chapters  4  and  5  is
required when using the software approach to show compliance.
  101.5.2  Low-energy  buildings.  The  following buildings, or portions
thereof separated from the remainder of the building by building thermal
envelope assemblies complying with this code, shall be exempt  from  the
building thermal envelope provisions of this code:
  1. Those with a peak design rate of energy use less than 3.4 Btu/h per
square  foot  (10.7 W/m{2}) or 1.0 watt per square foot (10.7 W/m{2}) of
floor area for space conditioning purposes.
  2. Those that do not contain conditioned space.
  101.5.3  Demonstration  of  compliance.   For   a   building   project
application  or applications required to be submitted to the department,
the following documentation, as further described in the  rules  of  the
department,  shall  be  required in order to demonstrate compliance with
this code:
  101.5.3.1 Professional statement. Any registered  design  professional
or  lead energy professional filing an application or applications for a
new building or alteration project shall provide on a signed and  sealed
drawing  a  statement  of compliance or exemption in accordance with the
rules of the department.
  101.5.3.2 Energy analysis. For any application that is not exempt from
this code and for which a work permit is  required  in  accordance  with
Section  28-105  of the Administrative Code, an energy analysis shall be
provided on a sheet or sheets within the construction drawing  set.  The
energy analysis shall identify the compliance path followed, demonstrate
how  the design complies with this code and be in a format as prescribed
in the rules of the department.  The  energy  analysis  shall  meet  the
requirements  of this code for the entire project. Projects that utilize

trade-offs  among  disciplines  shall  use  DOE2-based  energy  modeling
programs or other energy-modeling programs as prescribed in the rules of
the  department  and  shall  be  signed  and  sealed  by  a  lead energy
professional.
  101.5.3.3  Supporting  documentation.  For any application that is not
exempt from this code and  for  which  a  work  permit  is  required  in
accordance  with  Section  28-105 of the Administrative Code, supporting
documentation shall be required in the approved  construction  drawings.
See Section 103 for further requirements.
  101.6  Severability.  If  a  section,  subsection, sentence, clause or
phrase of this code is, for any reason,  held  to  be  unconstitutional,
such decision shall not affect the validity of the remaining portions of
this code.
                             SECTION ECC 102
         ALTERNATE MATERIALS, METHOD OF CONSTRUCTION, DESIGN OR
                           INSULATING SYSTEMS
  102.1  General.  This  code  is not intended to prevent the use of any
material, method  of  construction,  design  or  insulating  system  not
specifically  prescribed  herein, provided that such material, method of
construction, design or insulating  system  has  been  approved  by  the
commissioner  as  (1)  meeting  the  intent  of this code, (2) achieving
energy savings that are equivalent to or greater than would be  achieved
using   prescribed   materials,  methods  of  construction,  designs  or
insulating systems, and (3) meeting the requirements of Article  113  of
Chapter  1  of Title 28 of the Administrative Code and the remaining New
York City Construction Codes.
  102.1.1 Above-code programs. The commissioner shall  be  permitted  to
find  that  a national, state or local energy efficiency program exceeds
the energy efficiency required  by  this  code.  Buildings  approved  in
writing  by  such  an  energy  efficiency program shall be considered in
compliance with this code. Notwithstanding approval by  such  an  energy
efficiency  program,  the  requirements  identified  as  "mandatory"  in
Chapters 4 and 5 of this code shall still apply.
                             SECTION ECC 103
                         CONSTRUCTION DOCUMENTS
  103.1 General. Construction documents shall be prepared in  accordance
with the provisions of Chapter 1 of Title 28 of the Administrative Code,
the New York City Construction Codes, including this code, and the rules
of the department.
  103.2  Supporting  documentation on construction documents. Supporting
documentation  shall   include   those   construction   documents   that
demonstrate compliance with this code.
  103.2.1   Intent.   Supporting   documentation  shall  accomplish  the
following:
  1. Demonstrate conformance of approved drawings to the energy analysis
for every element and value of the energy analysis;
  2. Demonstrate conformance of approved  drawings  to  other  mandatory
requirements  of  this  code,  including,  but  not limited, to, sealing
against air leakage from the building  envelope  and  from  ductwork  as
applicable, insulation of ducts and piping as applicable, mechanical and
lighting  controls  with  devices  shown  and operational narratives for
each, and additional requirements as set forth in this section;
  3. Identify required progress inspections in accordance with the scope
of work, this code, the Administrative Code, the New York City  Building
Code and the rules of the department; and
  4.  Comply with other requirements as may be set forth in the rules of
the department.

  103.2.2 Detailed requirements. Construction documents shall  be  drawn
to   scale  upon  suitable  material.  Electronic  media  documents  are
permitted to be submitted  in  accordance  with  department  procedures.
Construction  documents  for a project shall be fully coordinated and of
sufficient  clarity  to  indicate the location, nature and extent of the
work proposed, and show in sufficient detail pertinent data and features
of the building, building systems  and  equipment  as  herein  governed.
Details shall include, but are not limited to, as applicable, insulation
materials   and   their  R-values;  fenestration  U-factors  and  SHGCs;
area-weighted U-factor and SHGC calculations; mechanical  system  design
criteria;  mechanical  and  service  water heating system and equipment,
types, sizes and efficiencies;  economizer  description;  equipment  and
systems  controls; fan motor horsepower and controls; duct sealing, duct
and  pipe  insulation  and  location;  lighting  fixture  schedule  with
wattages and control narrative; and air sealing details.
  103.3  Examination  of  documents.  In  accordance with Article 104 of
Chapter 1 of Title 28 of the Administrative Code, the  department  shall
examine  or cause to be examined the accompanying construction documents
and shall  ascertain  by  such  examinations  whether  the  construction
indicated  and  described is in accordance with the requirements of this
code and other pertinent laws, rules and regulations.
  103.4 Changes during construction. Changes  made  during  construction
that  are  not  in  compliance  with the approved construction documents
shall be resubmitted for approval as  an  amended  set  of  construction
documents.
                             SECTION ECC 104
                               INSPECTIONS
  104.1  General. Except as otherwise specifically provided, inspections
required by this code or by the department during the progress  of  work
may  be  performed  on  behalf  of  the owner by an approved agency. All
inspections shall be performed at the  sole  cost  and  expense  of  the
owner.   Refer  to  Article  116  of  Chapter  1  of  Title  28  of  the
Administrative Code for additional provisions relating  to  inspections.
In  addition  to  any inspections otherwise required by this code or the
rules of the department, the following inspections shall be required:
  1. Progress inspections. Progress inspections shall  be  performed  in
accordance with the rules of the department.
  2.  Final inspection. Refer to Article 116 of Chapter 1 of Title 28 of
the Administrative Code and the rules of the department.
  3. Issuance of Certificate of Compliance. Refer to Section  28-116.4.1
of the Administrative Code.
  The  requirements  of  Section 104.1 shall not be read to prohibit the
operation of any heating equipment or appliances  installed  to  replace
existing  heating equipment or appliances serving an occupied portion of
a structure provided that a  request  for  inspection  of  such  heating
equipment or appliances has been filed with the department not more than
48  hours  after  such  replacement  work  is  completed, and before any
portion of such equipment or appliances is concealed  by  any  permanent
portion of the structure.
  104.1.1  Approved agencies. Refer to Article 114 of Chapter 1 of Title
28 of the Administrative Code and the rules of the department.
  104.1.2 Inspection of prefabricated construction assemblies. Prior  to
the  issuance of a work permit for a prefabricated construction assembly
having concealed mechanical  work,  the  department  shall  require  the
submittal of an evaluation report by the manufacturer or approved agency
on  each  prefabricated  construction  assembly, indicating the complete
details of the mechanical system, including a description of the  system
and  its  components, the basis upon which the system is being evaluated

for energy use, test results and similar information, and other data  as
necessary for the commissioner to determine conformance to this code.
  104.1.2.1  Test  and  inspection records. Required test and inspection
records shall be made available to the commissioner at all times  during
the  fabrication  of  the  mechanical  system  and  the  erection of the
building; or such records as the commissioner designates shall be filed.
  104.2  Testing.  Envelope,  heating,  ventilating,  air  conditioning,
service  water  heating, lighting and electrical systems shall be tested
as required in this code and in accordance with Sections 104.2.1 through
104.2.3. Except as otherwise required in this code or in  the  rules  of
the  department,  tests shall be made by the permit holder and witnessed
by an approved agency.
  104.2.1 New, altered, extended, renovated  or  repaired  systems.  New
envelope, heating, ventilating, air conditioning, service water heating,
lighting  and electrical installations or systems, and parts of existing
systems that have been altered, extended, renovated or  repaired,  shall
be  tested  as  prescribed  herein  or in the rules of the department to
disclose leaks and defects.
  104.2.2  Apparatus,  instruments,  material  and  labor   for   tests.
Apparatus,  instruments,  material  and  labor  required  for testing an
envelope, heating, ventilating, air conditioning, service water heating,
lighting and/or electrical installation or system or part thereof  shall
be furnished by the permit holder.
  104.2.3  Reinspection and testing. Where any work or installation does
not pass an initial test or inspection, the necessary corrections  shall
be  made so as to achieve compliance with the New York City Construction
Codes, including this code. The  work  or  installation  shall  then  be
reinspected or retested by the approved agency.
  104.3  Sign-off  of completed work. In addition to the requirements of
Article 116 of Chapter 1 of Title 28 of the Administrative Code, Section
103.4 of this code and other requirements for sign-off, the project team
shall either certify that construction does not  differ  from  the  last
approved  energy  analysis  or  provide  a whole-project as-built energy
analysis and supporting documents, signed and sealed, for approval prior
to sign-off. The as-built energy analysis and supporting documents shall
reflect the  materials,  equipment  and  values  actually  used  in  the
construction  of  the  project,  and shall demonstrate compliance of the
constructed project with this code. Such signed and sealed documents may
be accepted with less than full examination by the department  based  on
the professional certification of the registered design professional.
  104.4  Temporary connection. The commissioner shall have the authority
to allow the temporary connection of an installation to the  sources  of
energy  for  the  purpose of testing the installation or for use under a
temporary certificate of occupancy.
                             SECTION ECC 105
                          REFERENCED STANDARDS
  105.1 Referenced standards. The  standards  referenced  in  this  code
shall  be  those  that  are  listed in Chapter 6 and in the rules of the
department  and  such  standards  shall  be  considered  part   of   the
requirements  of  this  code  to  the  prescribed  extent  of  each such
reference. Where differences occur between provisions of this  code  and
the referenced standards, the provisions of this code shall apply. Refer
to  Article  103 of Chapter 1 of Title 28 of the Administrative Code for
additional provisions relating to referenced standards.
  Chapter 2 - Definitions
  Section 202
  Revise  the  definition  of  "Addition"  after   the   definition   of
"Accessible," to read as follows:

  ADDITION. An extension or increase in the conditioned space floor area
or height of a building or structure.
  Revise   the   definition   of  "Approved"  after  the  definition  of
"Alteration," to read as follows:
  APPROVED. See Section 28-101.5 of the Administrative Code.
  Add a new definition of "Approved  agency"  after  the  definition  of
"Approved," to read as follows:
  APPROVED AGENCY. See Section 28-101.5 of the Administrative Code.
  Add  a  new  definition  of  "Authority having jurisdiction" after the
definition of "Area weighted average," to read as follows:
  AUTHORITY HAVING JURISDICTION. The commissioner or the  commissioner's
designee.
  Revise  the definition of "Building" after the definition of "Basement
wall," to read as follows:
  BUILDING. See Section 28-101.5 of the Administrative Code.
  Revise the term "Code enforcement official" after  "C-factor  (thermal
conductance)," to read as follows:
  CODE  ENFORCEMENT  OFFICIAL.  The  commissioner  or the commissioner's
designee.
  Add  a  new  definition  of  "Lead  energy  professional"  after   the
definition of "Labeled," to read as follows:
  LEAD ENERGY PROFESSIONAL. The registered design professional who signs
and seals the energy analysis for an entire project. Such individual may
be  the  same  registered  design  professional  who signs and seals the
design drawings for the same project.
  202 Add a new definition of "Occupant sensor" after the definition  of
"Nameplate horsepower," to read as follows:
  OCCUPANT  SENSOR.  A  device  that  detects the presence or absence of
people within an area and causes lighting, equipment, or  appliances  to
be regulated accordingly.
  Add  a  new  definition  of  "Photosensor"  after  the  definition  of
"Occupant sensor," to read as follows:
  PHOTOSENSOR. A device that detects the presence of visible light.
  Add  a  new  definition  of  "Professional  certification"  after  the
definition of "Nameplate horsepower," to read as follows:
  PROFESSIONAL CERTIFICATION. See Section 28-101.5 of the Administrative
Code.
  Add   a   new   definition   of  "Project"  after  the  definition  of
"Professional certification," to read as follows:
  PROJECT. A design  and  construction  undertaking  comprised  of  work
related to one or more buildings and the site improvements. A project is
represented   by   one   or   more   plan/work  applications,  including
construction documents compiled in accordance with Section  106  of  the
New York City Building Code, that relate either to the construction of a
new  building  or  buildings  or  to  the demolition or alteration of an
existing building or buildings. Applications  for  a  project  may  have
different registered design professionals and different job numbers, and
may result in the issuance of one or more permits.
  Delete  the  definition  for  "Vapor  retarder  class" after "U-factor
(thermal transmittance)."
  Chapter 5 - Commercial Energy Efficiency
  501.1 Delete the last sentence and replace with the  following:  These
commercial  buildings shall meet either the requirements of ASHRAE/IESNA
Standard  90.1,  Energy  Standard  for  Buildings  Except  for  Low-Rise
Residential  Buildings,  as  modified for New York City by Appendix A of
this code, or the requirements contained in this chapter.
  505.2.2.2 After the Exception, add a new paragraph to read as follows:

  In addition to the  above  requirements,  for  the  following  spaces,
sensors  and  controls, including an occupant sensor, shall be installed
that only enable lighting to  be  turned  on  by  manual  control,  that
automatically  turn  lighting  off within a maximum of 30 minutes of all
occupants  leaving a space, and that enable lighting to be turned off by
manual control. Such sensors and controls shall  not  have  an  override
switch  that  converts from manual-on to automatic-on functionality. The
occupant sensor may have a grace period of up to 30 seconds to  turn  on
the  lighting automatically after the sensor has turned off the lighting
if occupancy is detected:
  1. classrooms (not including shop classrooms,  laboratory  classrooms,
and preschool classrooms),
  2. conference/meeting rooms,
  3. employee lunch and break rooms, and
  4. offices smaller than 200 square feet (18.5 m{2}) in area.
  Exception:  offices  smaller  than 200 square feet (18.5 m{2}) in area
equipped with lighting controls activated by photosensor.
  Chapter 6 - Referenced Standards
  Section 601
  Revise the referenced standard "ICC" after "DOE" to read as follows:
               International Code Council, Inc. 500 New Jersey Avenue, NW
ICC            6th Floor Washington, D.C. 20001

________________________________________________________________________
Standard
Reference                                          Referenced in code
number         Title                               section number
________________________________________________________________________
BCNYS-10       Building Code of New York State     101.2.1, 201.3,
                                                   303.1.5, 303.2,
                                                   T402.1.1, 502.2.8,
                                                   502.2.8.1, 502.2.8.2,
                                                   Table 502.2.8.2,
                                                   502.5.3
EBNYS-10       Existing Building code of New York
               State                               101.2.1
ECCNYS-10      Energy Conservation Construction
               Code of New York State              101.2.3, 101.5.1
FCNYS-10       Fire Code of New York State         101.2.1, 201.3
FGNYS-10       Fuel Gas Code of New York
               State                               101.2.1, 201.3
MCNYS-10       Mechanical Code of New York
               State                               101.2.1, 201.3,
                                                   503.2.5, 503.2.5.1,
                                                   503.2.6, 503.2.7,
                                                   503.2.7.1,
                                                   503.2.7.1.1,
                                                   503.2.7.1.2,
                                                   503.2.9.1,
                                                   503.3.1, 503.4.5,
NYCECC-10      New York City Energy
               Conservation Code                   101.1, 101.5.3.2,
                                                   101.5.3.3, 104.3,
PCNYS-10       Plumbing Code of New York
               State                               101.2.1, 201.3
PMNYS-10       Property Maintenance Code
               of New York State                   101.2.1
RCNYS-10       Residential Code of New York

               State                               101.2.1, 201.3, 202,
                                                   303.1.5,
                                                   T402.1.1, 402.1.5.1,
                                                   402.1.5.2, 402.2.1.1,
                                                   402.4.1(12), 403.2.2,
                                                   T405.5.2(1)
NYCAC-08       New York City Administrative
               Code                                101.1, 101.2.1,
                                                   101.5.3.2, 101.5.3.3,
                                                   102.1, 103.1, 103.2.1,
                                                   103.3, 104.1,
                                                   104.1.1, 104.3, 105.1

NYCBC-08       New York City Building Code         101.2.1, 101.2.2,
                                                   102.1, 103.1,
                                                   103.2.1, 201.3,
                                                   303.1.5, 303.2
NYCEC-08       New York City Electrical
               Code                                101.2.1, 201.3

NYCFC-08       New York City Fire Code             101.2.1, 201.3
NYCFG-08       New York City Fuel Gas
               Code                                102.1, 201.3
NYCMC-08       New York City Mechanical
               Code                                102.1, 201.3, 403.2.2,
                                                   503.2.5,
                                                   503.2.5.1, 503.2.6,
                                                   503.2.7, 503.2.7.1,
                                                   503.2.7.1.1,
                                                   503.2.7.1.2,
                                                   503.2.9.1,
                                                   503.3.1, 503.4.5
NYCPC-08       New York City Plumbing
               Code                                102.1, 201.3

Revise the referenced standard "IESNA" AFTER "ICC," to read as follows:
               Illuminating Engineering Society of North America 120 Wall
IESNA          Street, 17th Floor New York, NY 10005-4001

________________________________________________________________________
Standard
Reference                                          Referenced in code
number         Title                               section number
________________________________________________________________________
*90.1-07       Energy Standard for Buildings       101.5.1, 501.1, 502.1.1,
               Except Low-rise                     Table 502.2(2)
               Residential Buildings
________________________________________________________________________

Add a new referenced standard "NYC" after "NFRC" to read as follows:

NYC-10         New York City Department of
               Buildings 280 Broadway New York, NY 10017
________________________________________________________________________
Standard       Title                               Referenced in code
Reference                                          section number
Number

________________________________________________________________________
NYCBC-68       1968 Building Code of the City of   101.2.1
               New York

  Add at end of the first paragraph the following:
  Refer  to  the  rules  of the department for any subsequent additions,
modifications or deletions that may have been  made  to  the  referenced
standards  set  forth herein in accordance with Section 28-103.19 of the
Administrative Code.
  Add to section titled, "ASHRAE," after the row heading "90.1-2007" the
following symbol: ± Add at end of section titled "ASHRAE" a footnote  to
read as follows: ± As modified in Appendix A
  Appendix A - Modified Energy Standard
  Add  a  new Appendix A after chapter 6 and before the Index to read as
follows:
                               APPENDIX A
       MODIFIED ENERGY STANDARD FOR BUILDINGS, EXCEPT FOR LOW-RISE
                          RESIDENTIAL BUILDINGS
                            SECTION ECC A101
                                  SCOPE
  A101.1  Scope.  This  appendix  provides  the  modifications  to   the
nationally   recognized   standard  ASHRAE/IESNA  Standard  90.1  Energy
Standard  for  Buildings  Except  for  Low-Rise  Residential  Buildings,
governing  commercial  energy efficiency. Where a referenced publication
has been modified for the City of New York  as  by  the  New  York  City
Construction Codes and the New York City Energy Conservation Code, every
reference  to  such  publication  shall  be  deemed  to include all such
modifications.
                            SECTION ECC A102
                ENERGY STANDARD FOR COMMERCIAL BUILDINGS
  A102.1 General. The standards  for  energy  efficiency  in  commercial
buildings,  as  defined  in  Section  202  of  this  code,  shall  be in
accordance  with  Chapter  5  of  this  code  or  in   accordance   with
ASHRAE/IESNA  Standard  90.1  Energy  Standard  for Buildings Except for
Low-Rise Residential Buildings, modified for New York City  as  follows.
Refer  to  the  rules  of  the  department for any subsequent additions,
modifications or deletions that may have been made to this  standard  in
accordance with Section 28-103.19 of the Administrative Code.
  Chapter 9 - Lighting
  9.4.1.2  Delete  paragraph (a) of Section 9.4.1.2 and replace with the
following:
  a. For the  following  spaces,  sensors  and  controls,  including  an
occupant  sensor,  shall  be  installed  that only enable lighting to be
turned on by manual control, that automatically turn lighting off within
a maximum of 30 minutes of all  occupants  leaving  a  space,  and  that
enable lighting to be turned off by manual control:
  1.  classrooms  (not including shop classrooms, laboratory classrooms,
and preschool classrooms),
  2. conference/meeting rooms,
  3. employee lunch and break rooms, and
  4. offices smaller than 200 square feet (18.5 m{2}) in area.
  Such occupant sensor shall not have an override switch  that  converts
from  manual-on  to  automatic-on functionality. The occupant sensor may
have a grace period of  up  to  30  seconds  to  turn  on  the  lighting
automatically  after the sensor has turned off the lighting if occupancy
is detected.
  Exception: offices smaller than 200 square feet (18.5  m{2})  in  area
equipped with lighting controls activated by photosensor.

Section 28-1001.3.1

Section 28-1001.3.1

28-1001.3.1  Periodic  update. The commissioner shall submit to the city
council proposed amendments that he or she determines should be made  to
this  code  to  bring it up to date with or exceed the latest edition of
the energy  conservation  construction  code  of  New  York  state.  The
commissioner  shall,  at  a minimum, submit such proposed amendments (i)
following any revision of the energy conservation construction  code  of
New  York  state that establishes more stringent requirements than those
imposed by this code and (ii) no later than the end of  the  third  year
after   the  effective  date  of  this  section  and  every  third  year
thereafter. Prior to such submission, such proposed amendments shall  be
submitted  to  an  advisory  committee  established  by the commissioner
pursuant to section 28-1003.2 for review and comment.

Section 28-1001.3.2

Section 28-1001.3.2

28-1001.3.2  New  York  city energy advisory committee. The commissioner
shall establish a  New  York  city  energy  conservation  code  advisory
committee  to provide advice and recommendations regarding such code and
revisions  thereto.  Such  committee  shall  include  registered  design
professionals  knowledgeable  in energy efficiency, energy conservation,
building design and construction; environmental advocates with expertise
in energy efficiency and  conservation;  construction  and  real  estate
professionals; and representatives of appropriate labor organizations.