Amendment of Rules Implementing Energy Code

Adopted Rules: Closed to Comments

Effective Date: 
Friday, October 20, 2017
Download Copy of Adopted Rule (.pdf): 

 Statement of Basis and Purpose of Rule 

New York City Council’s Local Laws 91 and 125 of 2016 were enacted on August 3, 2016 and October 18, 2016 respectively, and went into effect on October 3, 2016 (with Local Law 125 taking effect retroactive to October 3, 2016 upon its enactment).  They update the New York City Energy Conservation Code (“City Energy Code”) to comply with the requirements of the State Energy Law and the 2016 updates to the New York State Energy Code (“State Energy Code”). This amends the rule implementing the City Energy Code, 1 RCNY 5000-01, to conform to the changes to the City Energy Code in Local Laws 91 and 125. The rule also reflects changes in the State Energy Code regarding specific tests, inspections and code references. 

Specifically, this amendment to Section 5000-01:

  • adds and removes progress inspections to correspond to City Energy Code requirements that come into effect with Local Laws 91 and 125 of 2016, including two new required progress inspections related to solar-ready requirements and air sealing and insulation testing.
  • clarifies the versions of REScheck and COMcheck which may be used to demonstrate compliance with the City Energy Code.
  • clarifies the requirements for submitting supporting documentation. 

References in this rule to the Administrative Code or the New York City Energy Conservation Code mean the Administrative Code of the City of New York or the New York City Energy Conservation Code, respectively, as amended by Local Laws 91 and 125. 

The Department of Buildings’ authority for this rule is found in sections 643 and 1043 of the New York City Charter.  Section 5 of Local Law 91 authorizes DOB to promulgate rules implementing the changes to the City Energy Code.  Section 3 of Local Law 91 repeals and replaces section 28-1001.2 of the Administrative Code, and includes authority for DOB to issue this rule. Local Law 125 makes additional amendments to Chapter 10 of Title 28 of the Administrative Code for consistency with the August 2016 amendments to the New York State Energy Code.

New material is underlined. 

[Deleted material is in brackets.]