Energy Conservation Code


The New York City Energy Conservation Code (NYCECC) is comprised of New York City local laws and the current Energy Conservation Construction Code of New York State (ECCCNYS). By State law, all local government energy codes, including the NYCECC, must be more stringent than the ECCCNYS.

2016 NYC Energy Conservation Code

2014 NYC Energy Conservation Code

2011 NYC Energy Conservation Code


UPDATE: 2020 New York City Energy Conservation Code

A local law to bring the New York City Energy Conservation Code up to date with 2020 Energy Conservation Construction Code of New York State (ECCCNYS), which is based on the 2018 edition of the International Energy Conversation Code and ASHRAE Standard 90.1-2016, and align with the New York State Energy Research and Development Authority (NYSERDA) NYStretch Energy Code-2020 was introduced to the New York City Council on December 10, 2019 as Introduction No. 1816.

Intro 1816 will adopt the provisions of the 2020 ECCCNYS, align them with the Administrative provisions of the NYC Construction Codes, align with the provisions of the NYSERDA NYStretch Energy Code-2020 as required by Local Law 32 of 2018, and adopt additional requirements. Introduction No. 1816 continues to ensure that the construction of new buildings, additions and alterations will meet the 80% greenhouse gas reduction by 2050.

The City’s Energy Code must have the same effective date as the State’s Energy Code, which will be May 12, 2020.

The State’s Energy Code will go into effect 90 days after the ‘Notice of Adoption’ of the Rule amending and updating the Energy Code is published in the State Register. The Notice of Adoption will appear in the February 12, 2020 edition of the State Register.

The rule updating the State’s Energy Code will become effective on May 12, 2020.

Energy Code

Intro 1816 notable highlights:

  • Aligning with NYSERDA’s NYStretch Energy Code-2020 by aligning with the following provisions:
    • Continuous insulation for balconies and parapets
    • Mandatory supply ventilation provided with energy or heat recovery devices on homes and multifamily buildings 3-stories and less
    • More efficient interior lighting power requirements
    • Additional lighting controls
    • Additional thermal envelope performance requirements for buildings choosing to comply with energy modeling
    • More stringent insulation and fenestration requirements for most assembly types
    • Allowing source energy as a metric, instead of energy cost, for buildings choosing to comply with energy modeling
    • Efficient design of service water heating distribution systems in one- and two-family homes and multifamily buildings 3 stories and less
    • Whole building energy monitoring on commercial buildings
    • Efficiency measures for certain traction elevators and commercial kitchen equipment
    • Infrastructure for the future installation of electric vehicle chargers in one- and two-family homes

  • Adopting local provisions from Advisory Committee
    • Documentation of certain linear and point thermal bridges for all new construction
    • Requiring more new construction projects to perform air leakage testing
    • Increased HVAC efficiency to align with federal requirements
    • Requiring more alteration projects to perform commissioning

For additional information regarding Intro No. 1816, please refer to the New York City Council’s website.

The New York City Energy Conservation Code is one of the Construction Codes that protects public health, safety, general welfare, and the environment by establishing minimum standards for the design, construction, and occupancy of buildings. The New York State Energy Law allows municipalities to have their own Energy Code, as long as the municipal code is no less stringent than the State Energy Code. The City’s Energy Code must have the same effective date as the State’s Energy Code, which will be May 12, 2020.

The Energy Code Revision Cycle is primarily intended to: introduce measures to update to the 2020 Energy Conservation Construction Code of New York State with New York City modifications; to align with the NYSERDA NYStretch Energy Code -2020; to adopt innovative new technologies by incorporating the latest national standards; clarify the existing text; and to correct errors, typos and inconsistencies. All revisions to the Energy Code must be incorporated into a local law that is approved by the New York City Council and signed into law by the Mayor.

To aid the process, the Department organized an Advisory Committee to review the technical and administrative provisions of the Energy Code. An Advisory Committee is required to provide advice and recommendations regarding the Energy Code and its revisions. Members consist of representative stakeholder organizations, including 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; representatives of appropriate labor organizations; and City agencies providing revision recommendations for the administrative and technical provisions of the Energy Code.

For additional information regarding the Energy Code Revision process, please refer to the 2018 Energy Code Revision Handbook.


2016 New York City Energy Conservation Code

The 2016 New York State Energy Conservation Construction Code, based on the 2015 International Energy Conservation Code and ASHRAE 90.1-2013 – as modified by the State of New York, will go into effect on October 3, 2016. Adopted as Local Law 91 of 2016, the 2016 New York City Energy Conservation Code (NYCECC), based on the State Code and further modified, will also go into effect on October 3, 2016. Legislation is currently pending with New York City Council to amend the 2016 NYCECC based on recent changes made by the NYS Supplement. Please visit our website periodically for updates.


Application Submittal

  • Applications filed on or after October 3, 2016 will be subject to the 2016 NYCECC. Complete applications filed on or before October 2, 2016 will be subject to the 2014 NYCECC.

    NOTE: Complete applications are those that meet the submittal requirements of Buildings Bulletin 2014-015 and include a complete energy analysis.

  • Incomplete applications filed on or before October 2, 2016, may be subject to the 2016 NYCECC.

Local Law 91 of 2016 may be found on the New York City Council’s website.  Once available, a published hard copy version can be purchased at the City Store will be available for purchase, and will also be viewable on this webpage.


Applicability

The 2016 NYCECC applies to completed job applications filed on or after October 3, 2016. All completed job applications filed on or before October 2, 2016 can continue review under the 2014 NYCECC.


Application Types Not Regulated by the Energy Code

Full demolition, sign and subdivision applications are not required to comply with the NYCECC. However, sign applications that affect a building’s envelope must be accompanied by an alteration application for the envelope work, which must comply with the NYCECC.


Variances

Under Article 11 of the New York State Energy Law, only the Secretary of State has the authority to provide waivers from Energy Code compliance, not the local jurisdiction. Contact the Codes Division of the Department of State for an application for variance at (518) 474-4073 or by email at codes@dos.state.ny.us.


Software for Energy Analysis

REScheck, COMcheck, and DOE2-based software can be used to conduct the energy analysis and are available for free at the US Department of Energy  and may be used as follows:

  • REScheck: The full report shall be provided, including the building envelope, HVAC/service water heating and checklists. The New York City version must be used. The IECC version of REScheck is not acceptable

  • COMcheck: Depending on whether you use NYCECC or ASHRAE Standard 90.1/2013 for compliance, the respective version of COMcheck should be used. Use the 2016 NYCECC version for ECC compliance and the ASHRAE 90.1/2013 version for compliance with that standard.

  • DOE2: For more complex energy modeling, including where trade-offs among disciplines or renewable energy sources are used, a DOE2-based software should be used. Such software, including updates, may include DOE2.1E, VisualDOE, EnergyPlus or eQuest. Other energy modeling programs must be approved by the Secretary of State of New York and the Buildings Commissioner prior to submission.


Required Documents for Construction Sign-Off

The following documents must be completed and submitted to the Department in order to ensure all work is in compliance with the New York City Energy Conservation Code (NYCECC) and before the Department can sign-off on al completed work:

TR8: Technical Report Statement of Responsibility for Energy Code Progress Inspections: The progress inspector must certify that all Progress Inspections noted on the original TR8 and on TR8s filed with in any post-approval amendments (PAAs) have been satisfied. The progress inspector must sign and seal the TR8, certifying that inspected work complies with the approved drawings

EN2: Certification of Conformance with As-Built Energy Analysis: The progress inspector(s) must certify on this form that the as-built values for energy in the building match the values in the last-approved Energy Analysis. If they do not, then an as-built energy analysis must be prepared by the applicant of record and the progress inspector(s) must certify on the EN2 Form that the as-built values for energy in the building match the values in the as-built energy analysis. The as-built energy analysis must be professionally certified and submitted with the EN2 form at sign-off.


When Construction has Changed from the Approved Drawings

Design applicants are required to update their drawings, including the energy analysis, when conditions result in a design change during construction (Section ECC 103.4). These drawings, including the energy analysis, must be submitted to the Department for approval.

If construction differs from the last-approved energy analysis prior to sign-off, 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, certifying that the work is in compliance. The progress inspector must then certify in the EN2 form that the values in the professionally certified energy analysis match the existing construction.

If the construction changes result in a building no longer complying with the NYCECC, as demonstrated by a failed energy analysis, the progress inspector cannot certify on the EN2 Form that the work is in compliance and the application cannot be signed-off.


Energy Code Violations:

To correct the violating condition in accordance with the approved plans

  • Email energycodeinspections@buildings.nyc.gov (with the property address 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, the intended date of completion, and a contact name and phone number

  • When ready for re-inspection, email ESWO2@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)

  • Once the inspection has been completed and corrected conditions have been verified, an email will be sent that should be attached to the Certificate of Correction (COC) 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) with an AI1 noting the changes – the AI1 must cite the violation # it is addressing and reflect the violation details (i.e. nature of violation, exposures, and drawing numbers)

  • Notify energycodeinspections@buildings.nyc.gov and attach a copy of the PAA filing  with the AI1 and Drawings

  • Do not include any other changes in the PAA that do not apply to the violation being resolved.

  • Once the PAA drawings have been approved by Sustainability Enforcement you will receive an email stating that your submission has resolved the violation for which it was submitted.

  • This email should be submitted with your COC to AEU for Certification of the violation.

  • If a Cure is being sought please allow enough time for this process to occur.

  • If a Partial Stop Work Order (PSWO) is in effect, email ESWO2@buildings.nyc.gov to request a PSWO lift inspection date and time

*Violations issued for not having plans on site can be resolved directly with the Administrative Enforcement Unit (AEU) by submitting a Certificate of Correction


Notices of Deficiency

  • Email energycodeinspections@buildings.nyc.gov 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 for the explanation.


Related Regulations


Reference Guides


Questions

If you have any additional questions about the NYCECC, please email the Department at EnergyCode@buildings.nyc.gov. Also, see the Energy Code FAQ page for more information.


Helpful Links