Energy Code Violations

If construction differs from the last-approved set of drawings and a violation has been issued, there is a procedure to be followed for resolving 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 (AEU2) 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 AEU2 Form to Administrative Enforcement Unit 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 is in effect, email ESWO2@buildings.nyc.gov to request a PSWO lift inspection date and time.

 

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