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Code Alert: May 03 2010



New York State Adopts Energy Code

At the April 1, 2010 New York State Building Code Council meeting the Council voted to adopt the 2009 ICC International Energy Conservation Code. The code will be known as the Energy Conservation Construction Code of New York State and will apply to all jurisdictions in the State. When within the jurisdiction of the City of New York, administration and enforcement of the Code will be in conformance with Title 28 of the Administrative Code of the City of New York or with the New York City Electrical Code, as applicable. In accordance with the Energy Law, the Energy Code has no transition period and will be effective after notice of adoption is published in the New York Register, which is anticipated to be September 2010.

The code is intended to comply with the requirements of the American Recovery and Renewal Act of 2009 (ARRA) and the administrative provisions of the code include the following examples of compliance:

(1) a building energy code for residential buildings that meets or exceeds the 2009 edition of the International Energy Conservation Code, published by the International Code Council, Inc., or achieves equivalent or greater energy savings, and

(2) a building energy code for commercial buildings that meets or exceeds the 2007 edition of standard ASHRAE 90.1, entitled “Energy Standard for Buildings Except Low-Rise Residential Buildings,” published by the American Society of Heating, Refrigeration and Air-Conditioning Engineers, Inc., or achieves equivalent or greater energy savings.

The New York State Department of State has determined (1) that the 2009 IECC meets or exceeds ASHRAE 90.1-2007, or achieves equivalent or greater energy savings; (2) that, accordingly, a building energy code for all buildings, residential and commercial, that meets or exceeds the 2009 IECC, or achieves equivalent or greater energy savings, will satisfy the requirements of the ARRA; (3) that this code meets or exceeds the 2009 IECC, or achieves equivalent or greater energy savings; and (4) that, accordingly, this code, which is applicable to both residential buildings and commercial buildings, satisfies the requirements of the ARRA.

Contact: Gil Moniz: gilmoniz@nema.org