N.Y. Comp. Codes R. & Regs. tit. 16, § 233.2 – Applicability and compliance.

(a) All new dwellings in the State of New York for which an application for a building permit was made and plans were filed on or after January 1, 1979, and all new dwellings within the State for which construction was begun on or after January 1, 1979, will not be eligible for gas and electric service unless these dwellings comply with the New York State Energy Conservation Construction Code. Compliance with this code will be satisfied under any of the following circumstances:
1. (1) a building permit is obtained for the dwelling from a building code authority or similar authority empowered by local law to issue building permits;
2. (2) an affirmation is given by the contractor or builder on a certificate of compliance (see Appendix B-1 of this Title) that the construction of the dwelling will comply with the Energy Conservation Construction Code within 30 days after occupancy; or
3. (3) a modification or variance from the requirements of the Energy Conservation Construction Code is issued by the State Board of Review as constituted pursuant to the Executive Law.
(b) For any dwelling constructed after April 1, 1977 but before January 1, 1979, gas and electric service will not be provided without compliance with the minimum insulation standards promulgated by the commission in Opinion 77-10 (Case 26286), as amended (as described in section 10.3 of this Title).