Amendment of Rules Regarding Energy Audits and Retro-Commissioning

Adopted Rules: Closed to Comments

Effective Date: 
Sunday, August 4, 2019

This rule takes effect 30 days after its publication; however, the amendments made by sections one, two and four through nine take effect on January 1, 2020.  This rule is published twice on NYC Rules to allow for the posting of the two different effective dates.

Statement of Basis and Purpose 

The Department of Buildings is amending sections 103-07 and 102-03 of Subchapters C and B, respectively, of Chapter 100 of Title 1 of the Rules of the City of New York. 

These amendments:

  • Replace the guidelines in the reference section with ANSI-approved standards for procedures required to perform energy audit and retro-commissioning in a uniform manner.  These standards detail a baseline process that should be applied to existing buildings.  The standards additionally identify the roles and responsibilities of all stakeholders.
  • Restrict the approved agency qualifications and registration for the submission of energy efficiency reports to Registered Design Professionals.   
  • Standardize testing protocols with functional performance testing, reformat testing criteria per base building system type, and clarify current facility requirements and sampling requirements.
  • Provide instructions for reporting of buildings on different blocks with shared base building systems and multiple covered buildings that are part of a cooperative corporation, requesting an extension of time to file report, comprehensive reviews, and challenges to violations.
  • Correct a reference in section 102-03 to an Administrative Code section that has been changed. 

The Department of Buildings’ authority for these rules is found in sections 643 and 1043 of the New York City Charter and Article 308 of Chapter 3 of Title 28 of the New York City Administrative Code.


New material is underlined.

[Deleted material is in brackets.]