N.Y. Energy Law § 11-103 – Applications

1.
1. (a) The state energy conservation construction code adopted by the state fire prevention and building code council and consisting of a building energy code for residential buildings throughout the state and a building energy code for commercial buildings throughout the state is continued until amended or a new code is adopted and effective.
2. (b) The code shall apply to the construction of any new building. The code shall also apply to an addition to, and alteration of, any existing building or building system; provided, however, that the code shall not be interpreted to require any unaltered portion of the existing building or building system to comply with the code. The code shall not apply to the following provided that the energy use of the building is not increased:
  1. (1) storm windows installed over existing fenestration;
  2. (2) glass only replacements in an existing sash and frame;
  3. (3) existing ceiling, wall or floor cavities exposed during construction provided that these cavities are filled with insulation;
  4. (4) construction where the existing roof, wall or floor cavity is not exposed;
  5. (5) reroofing for roofs where neither the sheathing nor the insulation is exposed; roofs without insulation in the cavity and where the sheathing or insulation is exposed during reroofing shall be insulated either above or below the sheathing;
  6. (6) replacement of existing doors that separate conditioned space from the exterior shall not require the installation of a vestibule or revolving door, provided, however, that an existing vestibule that separates such conditioned space from the exterior shall not be removed;
  7. (7) alterations that replace less than fifty percent of the luminaires in a space, provided that such alterations do not increase the installed interior lighting power;
  8. (8) alterations that replace only the bulb and ballast within the existing luminaires in a space provided that the alteration does not increase the installed interior lighting power; and
  9. (9) any other exception adopted by the state fire prevention and building code council provided that such exception will not prevent the attainment of the compliance goals set forth in section 410(2)(c) of the American Recovery and Reinvestment Act of 2009.
2. The state fire prevention and building code council is authorized, from time to time as it deems appropriate and consistent with the purposes of this article, to review and amend the code, or adopt a new code, through rules and regulations provided that the code remains cost effective with respect to building construction in the state. In determining whether the code remains cost effective, the code council shall consider whether the cost of materials and their installation to meet its standards would be equal to or less than the present value of energy savings that could be expected over a ten year period in the building in which such materials are installed. For residential buildings, the code shall meet or exceed the then most recently published International Energy Conservation Code, or achieve equivalent or greater energy savings; and for commercial buildings, the code shall meet or exceed ASHRAE 90.1-2007, or achieve equivalent or greater energy savings.
3. Notwithstanding any other provision of law, the state fire prevention and building code council in accordance with the mandate under this article shall have exclusive authority among state agencies to promulgate a construction code incorporating energy conservation features. Any other code, rule or regulation heretofore promulgated or enacted by any other state agency, incorporating specific energy conservation requirements applicable to the construction of any building, shall be superseded by the code promulgated pursuant to this section.
4. The secretary of state is authorized to issue written interpretations of the code upon written request of a permit applicant or the official responsible for the administration and enforcement of the provisions of the code. Subsequent enforcement of the code shall be consistent with such written interpretations.