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.

2020 NYC Energy Conservation Code

2016 NYC Energy Conservation Code

2014 NYC Energy Conservation Code

2011 NYC Energy Conservation Code


UPDATE: 2020 New York City Energy Conservation Code

Local Law 048 of 2020 (Introduction No. 1816-A): A local law to bring the New York City Energy Conservation Code up to date with the 2020 Energy Conservation Construction Code of New York State (2020 ECCCNYS), which is based on the 2018 edition of the International Energy Conversation Code and ASHRAE Standard 90.1-2016, and also aligns with the New York State Energy Research and Development Authority (NYSERDA) NYStretch Energy Code-2020, was adopted by the New York City Council on March 29th, 2020.

Local Law 048 of 2020 (Intro No. 1816-A) adopts the provisions of the 2020 ECCCNYS, aligns them with the Administrative provisions of the NYC Construction Codes, aligns with the provisions of the NYSERDA NYStretch Energy Code-2020 as required by Local Law 32 of 2018, and adopts additional requirements. Local Law 048 of 2020 (Intro N0. 1816-A) 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 is May 12, 2020.

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

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

Energy Code

Local Law 048 of 2020 (Intro No. 1816-A) 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 Local Law 048 of 2020 (Intro No. 1816-A), 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 is 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.


2020 New York City Energy Conservation Code

2020 Energy Conservation Construction Code of New York State (2020 ECCCNYS), based on the 2018 edition of the International Energy Conservation Code and ASHRAE 90.1-2016, became effective on May 12th, 2020. Adopted as Local Law 048 of 2020 (Introduction No. 1816), the 2020 New York City Energy Conservation Code (2020 NYCECC), based on the 2020 ECCCNYS, aligns with certain provisions of the NYSERDA NYStretch Energy Code-2020 (as required by Local Law 32 of 2018), and further modified, also became effective on May 12th, 2020.


Application Submittal

  • Applications filed on or after May 12th 2020, will be subject to the 2020 NYCECC. Complete applications filed on or before May 11th, 2020 will be subject to the 2016 NYCECC.

  • NOTE: Complete applications are those that meet the submittal requirements of Buildings Bulletin 2020-002 and include a complete energy analysis.

  • Incomplete applications filed on or before May 11th, 2020, may be subject to the 2020 NYCECC.

Local Law 048 of 2020 (Introduction No. 1816) may be found on the New York City Council’s website. A published hard copy version can be purchased at the City Store and ICC website, and is also viewable on this webpage.


Applicability

The 2020 NYCECC applies to completed job applications filed on or after May 12th, 2020. All completed job applications filed on or before May 11th, 2020 can continue review under the 2016 NYCECC.

NOTE: Please see Service Notice (February 2020)


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, went 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, also went into effect on October 3, 2016. Local Law 125 of 2016 further aligns the 2016 New York City Energy Conservation Code with the revised (August 2016) Supplement to the New York State Energy Conservation Construction Code.

NOTE: Please see What Codes, Rules, & Forms Apply When


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 Department of State’s Division of Building Standards and Codes for an application for variance at (518) 474-4073 or by email at codes@dos.state.ny.us. The application form is also available on the Department of State’s website.


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. The New York City version must be used. The IECC version of REScheck is not acceptable

  • COMcheck: Depending on whether you use NYCECC or Appendix CA (modified ASHRAE Standard 90.1-2016) for compliance, the respective version of COMcheck should be used. Use the 2020 NYCECC version for ECC compliance and the 2020 NYCECC Appendix CA (modified ASHRAE 90.1-2016) version or the 2020 NYCECC Appendix CA Modeling Envelope Backstop for compliance with that standard.

  • Energy Modeling: For more complex energy modeling, including where trade-offs among disciplines, 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 all 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, 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 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). 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 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 work types 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


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.

Related Regulations


2020 NYCECC

  • 2020-007 – Envelope Buildings Bulletin

  • 2020-008 – Lighting/Power Buildings Bulletin

  • 2020-009 – HVAC/Service Hot Water Buildings Bulletin


2016 NYCECC

  • 2017-004 – Lighting/Power Buildings Bulletin

  • 2017-005 – HVAC/Service Hot Water Buildings Bulletin

  • 2017-006 – Envelope Buildings Bulletin


Reference Guides

2020 NYCECC


2016 NYCECC


2014/2011 NYCECC


Helpful Links