Implementation of Amendments to Energy Conservation Code

Adopted Rules: Closed to Comments

Effective Date: 
Sunday, August 23, 2020


Statement of Basis and Purpose 

New York City Council’s Local Law 48 of 2020 (LL 48) was enacted on March 29, 2020, and went into effect on May 12, 2020.  LL 48 updates the New York City Energy Conservation Code (“City Energy Code”) to comply with the requirements of the State Energy Law and the 2020 updates to the New York State Energy Conservation Construction Code (“State Energy Code”).

This rule amends 1 RCNY 5000-01, 5000-02 and 101-07 to conform to the City Energy Conservation Code and to implement code requirements.

This rule amends the referenced rules as follows: 

1 RCNY 5000-01

  • adds and removes progress inspections to correspond to City Energy Code requirements that come into effect with Local Law 48 of 2020, including two new required progress inspections related to electric vehicle equipment-ready requirements and expanded air sealing and insulation testing.
  • clarifies which versions of REScheck and COMcheck may be used to demonstrate compliance with the City Energy Code.
  • clarifies the requirements for submitting supporting documentation. 

1 RCNY 5000-02

  • clarifies that 1 RCNY 5000-02 only applies to the 2016 NYCECC Appendix CA, which are the NYC amendments to ASHRAE 90.1-2013. 

1 RCNY 101-07

  • provides a definition for a qualified commissioning agent.
  • clarifies the required documentation for progress inspection reports. 
  • clarifies that progress inspectors are not required to revise approved construction documents where the performance value of a given space or system is more efficient than the performance value on the approved construction documents. 
  • clarifies the requirements for approved agencies performing commissioning in accordance with the City Energy Code. 

The proposed rule also includes plain language revisions. 

References in this proposed 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 Law 48. 


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 48 authorizes DOB to promulgate rules implementing the changes to the City Energy Code.  Section 3 of Local Law 48 repeals and replaces section 28-1001.2 of the Administrative Code, and includes authority for DOB to issue this proposed rule.


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