NY Energy L § 11-103 (2021)
2021 New York Laws ENG - Energy Article 11 - State Energy Conservation Construction Code Act 11-103 - Applications.

§  11-103.  Applications.    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.  (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) storm windows installed over existing fenestration;  (2) glass only replacements in an existing sash and frame;  (3)  existing  ceiling,  wall  or  floor   cavities   exposed   during construction provided that these cavities are filled with insulation;  (4)  construction where the existing roof, wall or floor cavity is not exposed;  (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) 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) 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) 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) 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.