For example, residential buildings that are electrically heated are required to have higher insulation values. Residential buildings can also comply with a thermal rating method, which uses a point system to rate thermal efficiency levels. The NYS Department of State Codes Division has the responsibility to administer, make ammendments, and provide technical support in the form of interpretations and variances. By legislative authority, the Secretary of State can, through regulation, amend the code. Amendments are developed and adopted through a formal rulemaking process that includes a public review period.
Interested parties can provide written comments on the amendments prior to promulgating the changes.
State legislation restricts the amendments to those that meet a 10-year discounted payback to the building owner. Currently no municipalities have adopted alternative requirements. Compliance is determined through the normal building permit process that includes plan review and inspection by the government entity responsible for the administration and enforcement of the provisions of the Building Construction Code or the Fire Prevention and Building Construction Code applicable within the municipality. Enforcement of the state energy requirements is the responsibility of the governmental entity responsible for administering and enforcing the provisions of the Building Construction Code or the Fire Prevention and Building Construction Code applicable within the municipality. For areas without local municipal enforcement, the NYS Department of State must ensure that the minimum requirements of the code are met.