# Presentation: 406701

## Enhancing Consistent Compliance within New York State: 25 Years of Energy Codes

## Mandatory State-wide, January 1, 1979.
Prescriptive one- & two-family:
Roof		u = .05
Exterior wall	u = .08
Glazing		u = .69
Doors		u = .40
Floors		u = .08

- Prescriptive one- & two-family:
- Roof		u = .05
- Exterior wall	u = .08
- Glazing		u = .69
- Doors		u = .40
- Floors		u = .08

**Notes:**
First edition of state energy code.  Revisions in 1981, 1986.  Substantial revisions in 1991.  New model-based code in 2002.

## Mandatory state-wide, January 1, 1984.
New York City retained own building & fire codes.
Applicable to all buildings, public and private.

- Mandatory state-wide, January 1, 1984.
- New York City retained own building & fire codes.
- Applicable to all buildings, public and private.

**Notes:**
Continuous revisions of specific provisions.  Replaced in its entirety January 1, 2003 by ICC based codes.

## Fall, 2003 survey of code officials, conducted by students at Hamilton College, under the direction of Paul G. Wyckoff, Professor of Government.
DOS Codes staff Ray Andrews and John Addario served as project advisors.
Purposes:
Analyze statewide trends in code enforcement
Evaluate successes in implementation & enforcement

- DOS Codes staff Ray Andrews and John Addario served as project advisors.
- Purposes:
- Analyze statewide trends in code enforcement
- Evaluate successes in implementation & enforcement

## Survey e-mailed to approximately 200 code official offices.
Hard copies sent to DOS regional offices.
Estimated 230 – 250 code officials notified.
174 responses received;  70 -75 percent response rate.

- Hard copies sent to DOS regional offices.
- Estimated 230 – 250 code officials notified.
- 174 responses received;  70 -75 percent response rate.

**Notes:**
There are approximately 4000 code officials in some 1560 jurisdictions. Sample size is approx. 5%.

## Background & Experience

## Slide 7

**Notes:**
Most code enforcement is in relatively small jurisdictions, small number of staff.  

## Slide 8

**Notes:**
Emphasizes small office size.

## Slide 9

**Notes:**
Many code officials are civil service;  it’s a career.  

## State regulations require code officials to obtain 24 hours annually of continuing education.
DOS provides free seminars, primarily for code officials.
State and regional code official organizations sponsor seminars.
Industry associations and companies provide seminars.
DOE/NYSERDA sponsored seminars in 2004.

- DOS provides free seminars, primarily for code officials.
- State and regional code official organizations sponsor seminars.
- Industry associations and companies provide seminars.
- DOE/NYSERDA sponsored seminars in 2004.

##      Number of courses attended in past 3 years.

## Code Enforcement Programs

## Regulations do not require permits for changes of occupancy or repairs.

**Notes:**
DOS regulations do not require building permits for change of occupancy and repairs.  Nothing prevents local governments from doing so.

## Slide 14

**Notes:**
Regulations permit some minor construction without permits.

## Table 2: Reported Residential Site Inspections

| Number of Site Inspections | % of Respondents |
| --- | --- |
| 1 | 4.5% |
| 2 | 1.3% |
| 3 | 4.5% |
| 4 | 7.0% |
| 5 | 13.4% |
| more than 5 | 69.4% |

## Table 3: Reported Commercial or Multi-Family Inspections

| Number of Site Inspections | % of Respondents |
| --- | --- |
| 1 or less | 5.6% |
| 2 to 5 | 16.7% |
| 6   to 10 | 42.6% |
| More than 10 | 35.2% |

## DOS regulations require construction inspections before enclosing or covering work & at key stages:

- Building location
- Site preparation
- Excavation
- Foundation
- Framing

- Superstructure
- Electrical
- Plumbing
- HVAC

**Notes:**
No specific mention of energy conservation features.

## Energy Conservation Code

## Slide 19

**Notes:**
Prior to July 6, 2002, a state-written energy code was in effect.  Almost 10% used old code;  troubling, given extensive outreach.

## 43a. Do you require a specific compliance path in your jurisdiction (such as RES-check, prescriptive, etc.) ?
		yes- 52.3% 
		no – 47.7%

43b. If YES, which compliance path do you require in your jurisdiction? 

- 		yes- 52.3%
- 		no – 47.7%
- 43b. If YES, which compliance path do you require in your jurisdiction?

**Notes:**
More than half of code officials who required a specific compliance path required RES-check.  While surprising, it is consistent with the emphasis placed on RES-check in seminars and training provided by DOS staff.  Further study of this question would be helpful.

## 44. If RES-check is used for compliance, do you verify that the building plans match the RES-check calculations (compliance report)? 
		yes – 73.4%
		no – 3.9%
		do not require calculations – 4.7%
		yes, when calculations are submitted with plans –18%

- 		yes – 73.4%
- 		no – 3.9%
- 		do not require calculations – 4.7%
- 		yes, when calculations are submitted with plans –18%

## Slide 22

**Notes:**
A significant percentage of code officials report confusion due to multiple compliance paths.  We anticipate that adoption of the DOE sponsored residential provisions will ameliorate this issue.

## Conclusions

## 45. Would you be interested in a separate four hour in-depth Energy Code training each focusing on Building Science, Envelope, Mechanical or Lighting?
		yes – 84.7%
		no – 15.3% 

- 		yes – 84.7%
- 		no – 15.3%

**Notes:**
These seminars were provided – with financial assistance from U.S. DOE and NNYSERDA – in the spring of 2004.  The greatest interest was consistently from code officials, even though architects have been required to obtain continuing ed since January 1, 2000;  engineers have been required to fulfill similar requirements since January 1,2004.

## Transition training and continuing education of code officials has resulted in good awareness and knowledge of the Energy Code.
Registered design professionals lag code officials in awareness of new codes.
Builders show less awareness of new codes than code officials or design professionals.
More outreach to builders is needed to improve compliance.

- Registered design professionals lag code officials in awareness of new codes.
- Builders show less awareness of new codes than code officials or design professionals.
- More outreach to builders is needed to improve compliance.