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.
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.
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.
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 2016 NYCECC.
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.
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 firstname.lastname@example.org.
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:
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.
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.