§ 11-103 — Applications

§ 11-103. Applications. 1. (a) The state energy conservation\nconstruction code adopted by the state fire prevention and building code\ncouncil and consisting of a building energy code for residential\nbuildings throughout the state and a building energy code for commercial\nbuildings throughout the state is continued until amended or a new code\nis adopted and effective.\n (b) The code shall apply to the construction of any new building. The\ncode shall also apply to an addition to, and alteration of, any existing\nbuilding or building system; provided, however, that the code shall not\nbe interpreted to require any unaltered portion of the existing building\nor building system to comply with the code. The code shall be subject to\nsuch other exceptions as may be adopted by the state fire prevention and\nbuilding code council provided that such exceptions shall not prevent\nthe attainment of the compliance goals set forth in section 410(2)(c) of\nthe American Recovery and Reinvestment Act of 2009.\n 2. (a) The state fire prevention and building code council is\nauthorized, from time to time as it deems appropriate and consistent\nwith the purposes of this article, to review and amend the code, or\nadopt a new code, through rules and regulations provided that the code\nremains cost effective with respect to building construction in the\nstate. In determining whether the code remains cost effective, the code\ncouncil shall consider (i) whether the life-cycle costs for a building\nwill be recovered through savings in energy costs over the design life\nof the building under a life-cycle cost analysis performed under\nmethodology as established by the New York state energy research and\ndevelopment authority in regulations which may be updated from time to\ntime, and (ii) secondary or societal effects, such as reductions in\ngreenhouse gas emissions, as defined in regulations. Before publication\nof a notice of proposed rule making establishing the methodology or\ndefining secondary or societal effects, the president of the authority\nshall conduct public meetings to provide meaningful opportunities for\npublic comment from all segments of the population that would be\nimpacted by the regulations, including persons living in disadvantaged\ncommunities as identified by the climate justice working group\nestablished under section 75-0111 of the environmental conservation law.\nFor residential buildings, the code shall meet or exceed the then most\nrecently published International Energy Conservation Code, or achieve\nequivalent or greater energy savings; and for commercial buildings, the\ncode shall meet or exceed the then most recently published ASHRAE 90.1,\nor achieve equivalent or greater energy savings.\n (b) When adopting the first amended version of the code next following\nthe effective date of the chapter of the laws of two thousand twenty-two\nthat added this paragraph and any subsequent codes, the state fire\nprevention and building code council shall use its best efforts to adopt\nprovisions for residential buildings that achieve energy savings greater\nthan energy savings achieved by the then most recently published\nInternational Energy Conservation Code and to adopt provisions for\ncommercial buildings that achieve energy savings greater than energy\nsavings achieved by the then most recently published ASHRAE 90.1, both\nat levels recommended by the New York state energy research and\ndevelopment authority, provided that the state fire prevention and\nbuilding code council determines that such advanced energy savings can\nbe achieved while still meeting the cost effectiveness considerations\ncontemplated by this subdivision.\n * 3. Notwithstanding any other provision of law, the state fire\nprevention and building code council in accordance with the mandate\nunder this article shall have exclusive authority among state agencies\nto promulgate a construction code incorporating energy conservation\nfeatures and clean energy features applicable to the construction of any\nbuilding, including but not limited to greenhouse gas reduction. Any\nother code, rule or regulation heretofore promulgated or enacted by any\nother state agency, incorporating specific energy conservation and clean\nenergy requirements applicable to the construction of any building,\nshall be superseded by the code promulgated pursuant to this section.\nNotwithstanding the foregoing, nothing in this section shall be deemed\nto expand the powers of the council to include matters that are\nexclusively within the statutory jurisdiction of the public service\ncommission, the department of environmental conservation, or another\nstate entity.\n * NB Effective until December 31, 2040\n * 3. Notwithstanding any other provision of law, the state fire\nprevention and building code council in accordance with the mandate\nunder this article shall have exclusive authority among state agencies\nto promulgate a construction code incorporating energy conservation\nfeatures and clean energy features applicable to the construction of any\nbuilding, including but not limited to greenhouse gas reduction. Any\nother code, rule or regulation heretofore promulgated or enacted by any\nother state agency, incorporating specific energy conservation and clean\nenergy requirements applicable to the construction of any building,\nshall be superseded by the code promulgated pursuant to this section.\nNotwithstanding the foregoing, nothing in this section shall be deemed\nto expand the powers of the council to include matters that are\nexclusively within the statutory jurisdiction of the public service\ncommission, the department of environmental conservation, the office of\nrenewable energy siting or another state entity.\n * NB Effective December 31, 2040\n 4. The secretary of state is authorized to issue written\ninterpretations of the code upon written request of a permit applicant\nor the official responsible for the administration and enforcement of\nthe provisions of the code. Subsequent enforcement of the code shall be\nconsistent with such written interpretations.\n