Int. No. 564
By Council Members Garodnick, Brewer, Fidler, Gonzalez, James, Koppell, Martinez, Sanders Jr., Seabrook, Weprin, White Jr. and Gerson
A Local Law to
amend the administrative code of the city of New York, in relation to enforcing
the Energy Conservation Construction Code of New York State.
Be it enacted by the Council as follows:
Section 1. Statement of findings and purpose.
The Energy Conservation Construction Code of New York State (the Energy Code) sets standards for the energy performance of buildings throughout New York. However, while the Energy Code states that its administration and enforcement within municipalities is the “responsibility” of that municipality, the Code does not dictate the manner of such enforcement. In addition, for existing buildings, the Energy Code only applies when a renovation leads to the replacement of at least 50% of a building’s subsystem or subsystems, meaning there are no energy efficiency requirements for many renovation projects of a lesser magnitude or lower threshold.
Accordingly, the Council declares that it is reasonable and necessary to establish parameters to enforce the Energy Conservation Construction Code of New York State within New York City and to impose energy standards for renovation projects of a lower threshold than that mandated by the Energy Code.
§2. Chapter one of
title 27 of the administrative code of the city of New York is amended by
adding a new subchapter 20 to read as follows:
Energy Performance
§27-1080 Definitions.
§27-1081 Enforcement of the energy code.
§27-1082 Inspection of compliance documents.
§27-1083 Guidance for renovations.
§27-1080 Definitions. a. The following definitions shall apply for the purposes
of this subchapter:
(1) “Design professional” means a registered architect
or professional engineer licensed by the New York state department of
education;
(2) “Energy code” means the energy conservation construction code of New York state as provided for in article 11 of the energy law, or any portion thereof, and any modification of or amendments thereto;
(3) “Equipment” means plumbing, heating,
electrical, insulating, ventilating, air conditioning, and refrigerating
equipment, elevators, escalators, and other mechanical additions or installations
but does not include any items constituting an industrial or commercial
process;
(4)
“Subsystem” shall mean a building assembly made up of various components which
serve a specific function, including but not limited to exterior walls, roof
and ceiling, floors, lighting, piping, ductwork, and equipment.
§27-1081 Enforcement of the energy code. a. The
department shall enforce the energy code and shall not grant any permit
for the construction or alteration of a building or structure or for any other
type of permit for a project that is subject to the energy code unless the
department has received a signed written statement from a design professional
stating that to the best of his or her knowledge, belief and professional
judgment, the plans and specifications are in compliance with the energy code
or a statement from such design professional that such plans or specifications
did not meet the minimum threshold necessary to mandate compliance with the
energy code or any energy performance measures established pursuant to this
subchapter.
b.
A design professional shall provide to the department a written certification
that after the completion of any test or series of tests, such as those for
heating, ventilation and air conditioning and system balancing required under
the energy code, in the professional opinion of the design professional, the
appropriate system is operating as designed.
The design professional shall retain copies of the test reports for a
minimum period of twenty years.
c.
Whenever plans or specifications are submitted in connection with applications
for building permits, such plans or specifications shall show all data and
features of the building, the equipment, and the subsystems in sufficient
detail to permit an evaluation by the department of such plans or
specifications for compliance with the energy code. The plans shall clearly note the applicable provisions of the
energy code and the method used to achieve compliance.
d.
Documentation to verify compliance with the energy code shall be made available
when requested by the department to permit an evaluation by the department of
any plans or specifications for compliance with such energy code.
§27-1082 Inspection of compliance documents. The department shall inspect the plans and
any necessary documentation required under or requested pursuant to
subdivisions c and d of section 27-1081 of this code prior to granting a permit
for at least twenty percent of the applications for permits for projects
subject to the energy code in any given fiscal year.
§27-1083 Guidance for lesser renovations. By July 1, 2008, the department shall
develop rules to impose energy performance measures for a building subsystem or
subsystems not subject to the energy code because less than fifty percent of
such building subsystem or subsystems is being replaced. Such rules shall, at a minimum, include
requirements for lighting, windows, heating, air conditioning and ventilation.
§3. If any section, subdivision, sentence, clause, phrase or other portion of this local law is, for any reason, declared unconstitutional or invalid, in whole or in part, by any court of competent jurisdiction, such portion shall be deemed severable, and such unconstitutionality or invalidity shall not affect the validity of the remaining portions of this law, which remaining portions shall continue in full force and effect.
§4. This local law shall take effect on July 1, 2007; provided, however, that if Local Law 99 of 2005 becomes effective after July 1, 2007, this local law shall take effect on such later date; and further provided that the commissioner of buildings shall take all actions necessary, including the promulgation of rules, to implement this local law on or before the date upon which it shall take effect.
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