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"factory manufactured homes" as defined in section four hundred-c of
article eighteen-B of the executive law] STRUCTURE USED OR INTENDED FOR
SUPPORTING OR SHELTERING ANY USE OR OCCUPANCY OR FOR AFFORDING SHELTER
TO PERSONS, ANIMALS OR PROPERTY, INCLUDING ANY EQUIPMENT THEREIN.
[2.] 5. "Code." The state energy conservation construction code
provided for in this article, or any portion thereof, any modification
of or amendments thereto.
[3. "Construction." The construction of a new building, or any addi-
tion to, or substantial renovation of, an existing building.
4.] 6. "COMMERCIAL BUILDING." ANY BUILDING THAT IS NOT A RESIDENTIAL
BUILDING.
7. "CONDITIONED SPACE." AN AREA OR ROOM WHICH IS WITHIN A BUILDING AND
WHICH IS (A) BEING HEATED OR COOLED, (B) CONTAINS UNINSULATED DUCTS, OR
(C) HAS A FIXED OPENING DIRECTLY INTO AN ADJACENT CONDITIONED SPACE.
8. "Equipment." Plumbing, heating, electrical, LIGHTING, insulating,
ventilating, air conditioning, and refrigerating equipment, elevators,
escalators, and other mechanical additions or installations but does not
include any items constituting an industrial or commercial process.
[5.] 9. "HISTORIC BUILDING." ANY BUILDING THAT IS (A) LISTED ON THE
NATIONAL REGISTER OF HISTORIC PLACES OR ON THE STATE REGISTER OF HISTOR-
IC PLACES, (B) DETERMINED BY THE COMMISSIONER OF PARKS, RECREATION AND
HISTORIC PRESERVATION TO BE ELIGIBLE FOR LISTING ON THE STATE REGISTER
OF HISTORIC PLACES, (C) DETERMINED BY THE COMMISSIONER OF PARKS, RECRE-
ATION AND HISTORIC PRESERVATION TO BE A CONTRIBUTING BUILDING TO AN
HISTORIC DISTRICT THAT IS LISTED OR ELIGIBLE FOR LISTING ON THE STATE OR
NATIONAL REGISTERS OF HISTORIC PLACES, OR (D) OTHERWISE DEFINED AS AN
HISTORIC BUILDING IN REGULATIONS ADOPTED BY THE STATE FIRE PREVENTION
AND BUILDING CODE COUNCIL.
10. "IECC" OR "INTERNATIONAL ENERGY CONSERVATION CODE." THE INTERNA-
TIONAL ENERGY CONSERVATION CODE, PUBLISHED BY INTERNATIONAL CODE COUN-
CIL, INC.
11. "LOCAL GOVERNMENT." ANY VILLAGE, TOWN (OUTSIDE THE AREA OF ANY
INCORPORATED VILLAGE) OR CITY.
12. "Municipality." Any county, city, town, village, school district
or district corporation.
[6.] 13. "Owner." The owner or owners of the freehold of a premises or
any lesser estate therein, a mortgagee or vendee in possession, a
contract vendee, assignee of rents, receiver, executor, trustee, lessee,
or any other person, firm or corporation in control of a building.
[7.] 14. "Residential BUILDING." Any building which is designed or is
to be used primarily as a dwelling or household AS DEFINED BY THE STATE
FIRE PREVENTION AND BUILDING CODE COUNCIL, INCLUDING ANY FACTORY MANU-
FACTURED HOME AS DEFINED IN SUBDIVISION EIGHT OF SECTION THREE HUNDRED
SEVENTY-TWO OF THE EXECUTIVE LAW AND ANY MOBILE HOME AS DEFINED IN
SUBDIVISION THIRTEEN OF SECTION THREE HUNDRED SEVENTY-TWO OF THE EXECU-
TIVE LAW.
[8. "Substantial renovation." The alteration of any existing building
in which more than fifty percent of any building subsystem is replaced.
9. "Subsystem." A building assembly made up of various components
which serve a specific function, including but not limited to exterior
walls, roof and ceiling, floors, lighting, piping, ductwork, and equip-
ment as defined in subdivision four of this section.]
15. "UNIFORM CODE." THE NEW YORK STATE UNIFORM FIRE PREVENTION AND
BUILDING CODE ADOPTED, AND AS MAY BE AMENDED, PURSUANT TO ARTICLE EIGH-
TEEN OF THE EXECUTIVE LAW.
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S 2. Subdivision 1 of section 11-103 of the energy law, as amended by
chapter 292 of the laws of 1998, is amended to read as follows:
1. (a) [The code relating to the construction of all buildings, or
classes of buildings in the state, for purposes of minimizing the
consumption of energy and providing for the efficient utilization of the
energy expended in the use and occupancy of buildings is continued.
Such code shall be at least equal to the standards specified in standard
90-75 of the American Society of Heating, Refrigerating and Air Condi-
tioning Engineers, Inc., entitled "Energy Conservation in New Building
Design", known hereafter as ASHRAE Standard 90-75; and to the reference
standards upon which the ASHRAE Standard 90-75 is based; provided howev-
er, that in addition any portion of the code which applies to residen-
tial construction shall be at least equivalent to the requirements set
forth in the public service commission opinions, PSC 76-16 (C) dated May
fifteenth and sixteenth, nineteen hundred seventy-seven, and appendices
thereto. The code shall apply to all buildings for which application for
a building permit is made and plans are filed in this state on or after
January first, nineteen hundred seventy-nine, which date shall be the
effective date of the code.
(b) The rules and regulations relating specifically to the substantial
renovation of all buildings, or classes of buildings in the state, for
purposes of minimizing the consumption of energy and providing for the
efficient utilization of the energy expended in the use and occupancy of
such buildings are continued. Such rules and regulations shall apply
only to that portion of a building subsystem or subsystems which is
replaced; provided that fifty percent or more of such building subsystem
or subsystems is replaced.] 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 THROUGH-
OUT 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 SHEATH-
ING 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 SEPA-
RATES 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;
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(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.
S 3. Subdivision 2 of section 11-103 of the energy law, as amended by
chapter 292 of the laws of 1998, is amended to read as follows:
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. [The] IN
DETERMINING WHETHER THE CODE REMAINS COST EFFECTIVE, THE code COUNCIL
shall [be deemed cost effective if] CONSIDER WHETHER the cost of materi-
als 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 BUILD-
INGS, THE CODE SHALL MEET OR EXCEED ASHRAE 90.1-2007, OR ACHIEVE EQUIV-
ALENT OR GREATER ENERGY SAVINGS.
S 4. Subdivision 5 of section 11-104 of the energy law, as added by
chapter 516 of the laws of 1984, is amended to read as follows:
5. The code shall exempt from such uniform standards and requirements
[property that is listed on the national register of historic places,
property that is listed on the state register of historic places or
property that is determined to be eligible for listing on the state
register by the commissioner of parks, recreation and historic preserva-
tion] ANY HISTORIC BUILDING AS DEFINED IN SECTION 11-102 OF THIS
ARTICLE.
S 5. Section 11-105 of the energy law, as amended by chapter 292 of
the laws of 1998, is amended to read as follows:
S 11-105. Limitation of application. Notwithstanding the provisions
of subdivision one of section 11-103 of this article, the state fire
prevention and building code council, by regulation, may limit the
application of any portion of the code so as to include or exclude
classes or types of buildings, according to the use thereof or the cost
effectiveness of the code with respect to any such class or type of
building, or according to any other distinction as may make differen-
tiation or separate classification or regulation necessary, proper or
desirable, [so long as any] PROVIDED HOWEVER, THAT such limitation: (1)
is consistent with the purposes of this article and the criteria set
forth in section 11-104 of this article, (2) DOES NOT RENDER THE CODE
INCONSISTENT WITH THE ENERGY SAVINGS REQUIREMENTS OF SUBDIVISION TWO OF
SECTION 11-103 OF THIS ARTICLE, AND (3) WHETHER CONSIDERED INDIVIDUALLY
OR COLLECTIVELY WITH OTHER LIMITATIONS, 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.
S 6. Section 11-107 of the energy law, as amended by chapter 517 of
the laws of 1984, is amended to read as follows:
S 11-107. Administration and enforcement. Except as otherwise
[expressly provided herein] PROVIDED IN REGULATIONS ADOPTED PURSUANT TO
SECTION THREE HUNDRED EIGHTY-ONE OF THE EXECUTIVE LAW, the adminis-
A. 12 5
tration and enforcement of the provisions of the code [within any muni-
cipality] WITH RESPECT TO ANY BUILDING shall be the responsibility of
that governmental entity which is responsible for the administration and
enforcement of the provisions of the [building construction code or the]
UNIFORM CODE OR OTHER APPLICABLE fire prevention and building
construction code [applicable within such municipality] WITH RESPECT TO
SUCH BUILDING. The code shall be administered and enforced in the
manner prescribed by applicable local law or ordinance [or the] CONSIST-
ENT WITH THE STANDARDS AND procedures adopted pursuant to section three
hundred eighty-one of the executive law [for the administration and
enforcement of the state uniform fire prevention and building
construction code].
S 7. Subdivision 1 of section 11-108 of the energy law, as amended by
chapter 516 of the laws of 1984, is amended to read as follows:
1. Any person having been served with an order TO REMEDY A VIOLATION
OF THE CODE pursuant to the provisions of any local law or ordinance, or
the procedures adopted pursuant to section three hundred eighty-one of
the executive law [for the administration and enforcement of the state
uniform fire prevention and building construction code], who shall fail
to comply with such order within thirty days after such service or with-
in the time fixed by such order for compliance, whichever is greater,
and any owner, builder, architect, engineer, contractor or subcontractor
taking part or assisting in the construction or use of any building who
shall knowingly violate any applicable provisions of the code or any
lawful order of the governmental entity responsible for the adminis-
tration and enforcement thereof shall be punishable by a fine of not
more than [five hundred] ONE THOUSAND dollars or by imprisonment of not
more than thirty days in jail, or both.
S 8. Section 11-109 of the energy law, as added by chapter 397 of the
laws of 1978, subdivision 1 as amended by chapter 516 of the laws of
1984 and subdivision 2 as amended by chapter 292 of the laws of 1998, is
amended to read as follows:
S 11-109. Municipal regulations. 1. Nothing in this article shall be
construed as abrogating or impairing the power of any municipality or
the secretary of state to enforce the provisions of any local building
regulations or the state uniform fire prevention and building
[construction] code, provided that such local building regulations are
not inconsistent with the code. Nor shall anything in this article be
construed as abrogating or impairing the power of any municipality to
promulgate a local energy conservation construction code more stringent
than the code, INCLUDING BUT NOT LIMITED TO REQUIREMENTS FOR MANDATORY
ENERGY EFFICIENCY TESTING AND RATINGS.
2. Any municipality which adopts a local energy conservation
construction code in accordance with this section shall file a copy of
such code and any amendments or revisions thereof with the state fire
prevention and building code council within thirty days after promulga-
tion or adoption of such LOCAL code[,] OR ANY amendments or revisions
THEREOF. [The failure to comply with the provisions of this subdivision
shall not impair or otherwise affect the validity of such local code or
amendment or revision] IF THE MUNICIPALITY FILES SUCH COPY WITHIN SUCH
THIRTY DAY TIME PERIOD, THE MUNICIPALITY MAY ENFORCE SUCH LOCAL CODE,
AMENDMENT OR REVISION UNTIL AND UNLESS THE STATE FIRE PREVENTION AND
BUILDING CODE COUNCIL SHALL DETERMINE THAT SUCH LOCAL CODE, AMENDMENT OR
REVISION IS NOT MORE RESTRICTIVE THAN THE CODE. IF THE MUNICIPALITY
FAILS TO FILE SUCH COPY WITHIN SUCH THIRTY DAY TIME PERIOD, THE MUNICI-
PALITY MAY NOT ENFORCE SUCH LOCAL CODE, AMENDMENT OR REVISION UNTIL AND
A. 12 6
UNLESS THE STATE FIRE PREVENTION AND BUILDING CODE COUNCIL SHALL DETER-
MINE THAT SUCH LOCAL CODE, AMENDMENT OR REVISION IS MORE RESTRICTIVE
THAN THE CODE.
S 9 Subdivision 2 of section 11-110 of the energy law, as amended by
chapter 292 of the laws of 1998, is amended to read as follows:
2. Agencies and municipalities of the state shall provide the secre-
tary of state with such cooperation and assistance as he OR SHE may deem
necessary to carry out the purposes of this article.
S 10. The section heading and subdivisions 1 and 2 of section 381 of
the executive law, as added by chapter 707 of the laws of 1981 and the
closing paragraph of subdivision 1 as amended by chapter 159 of the laws
of 2007, are amended to read as follows:
Administration and enforcement of the New York state uniform fire
prevention and building code AND THE NEW YORK STATE ENERGY CONSERVATION
CONSTRUCTION CODE. 1. The secretary shall promulgate rules and regu-
lations prescribing minimum standards for administration and enforcement
of the uniform fire prevention and building code promulgated in accord-
ance with sections three hundred seventy-seven and three hundred seven-
ty-eight of this article AND THE STATE ENERGY CONSERVATION CONSTRUCTION
CODE ADOPTED IN ACCORDANCE WITH ARTICLE ELEVEN OF THE ENERGY LAW. Such
rules and regulations shall become effective not later than the first
day of January, nineteen hundred eighty-five. The secretary shall
promulgate such regulations after public hearing and after considering
reaction to initial administration and enforcement of the uniform build-
ing and fire prevention code, including how local governments have
organized to provide for such initial administration and enforcement.
Such rules and regulations shall address the nature and quality of
enforcement and shall include, but not be limited to the following:
a. frequency of MANDATORY inspections FOR COMPLIANCE WITH THE UNIFORM
CODE AND THE STATE ENERGY CONSERVATION CONSTRUCTION CODE,
b. number and qualifications of staff, including requirements that
inspectors be certified pursuant to this chapter,
c. required minimum fees for administration and enforcement,
d. adequacy of inspections,
e. adequacy of means for insuring compliance with the uniform code AND
THE STATE ENERGY CONSERVATION CONSTRUCTION CODE, INCLUDING PROVISIONS
INTENDED TO ACHIEVE COMPLIANCE WITH THE STATE ENERGY CONSERVATION
CONSTRUCTION CODE CONSISTENT WITH THE COMPLIANCE GOALS SET FORTH IN
SECTION 410(2)(C) OF THE AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009,
f. establishment of a procedure whereby any provision or requirement
of the uniform code may be varied or modified in cases where strict
compliance with such provision or requirement would entail practical
difficulties or unnecessary hardship or would otherwise be unwarranted.
Such procedure shall be designed to insure that any such variance or
modification shall not substantially affect adversely provisions for
health, safety and security, and that equally safe and proper alterna-
tives may be prescribed. Requests for a variance shall be resolved with-
in sixty days of the date of application unless a longer period is
required for good cause shown, [and]
g. procedures for inspection of certain classes of buildings based
upon design, construction, ownership, occupancy or use, including, but
not limited to, mobile homes, factory manufactured homes and state-owned
buildings[.],
H. MINIMUM BASIC TRAINING AND IN-SERVICE TRAINING REQUIREMENTS FOR
PERSONNEL CHARGED WITH ADMINISTRATION AND ENFORCEMENT OF THE STATE ENER-
GY CONSERVATION CONSTRUCTION CODE; AND
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I. STANDARDS AND PROCEDURES FOR MEASURING THE RATE OF COMPLIANCE WITH
THE STATE ENERGY CONSERVATION CONSTRUCTION CODE, AND PROVISIONS REQUIR-
ING THAT SUCH RATE OF COMPLIANCE BE MEASURED ON AN ANNUAL BASIS.
Nothing in the rules shall require or be construed to require regular,
periodic inspections of (A) owner-occupied one and two-family dwellings,
or (B) agricultural buildings used directly and solely for agricultural
purposes, provided, however that this shall not be a limitation on
inspections conducted at the invitation of the owner or where conditions
on the premises threaten or present a hazard to public health, safety,
or welfare.
2. Except as may be provided in regulations of the secretary pursuant
to subdivision one of this section, every local government shall admin-
ister and enforce the uniform fire prevention and building code AND THE
STATE ENERGY CONSERVATION CONSTRUCTION CODE on and after the first day
of January, nineteen hundred eighty-four, provided, however, that a
local government may enact a local law prior to the first day of July in
any year providing that it will not enforce [the uniform code] SUCH
CODES on and after the first day of January next succeeding. In such
event the county in which said local government is situated shall admin-
ister and enforce [the uniform code] SUCH CODES within such local
government from and after the first day of January next succeeding the
effective date of such local law, in accordance with the provisions of
paragraph b of subdivision five of this section unless the county shall
have enacted a local law providing that it will not enforce [the uniform
code] SUCH CODES within that county. In such event the secretary in the
place and stead of the local government shall, directly or by contract,
administer and enforce the uniform code AND THE STATE ENERGY CONSERVA-
TION CONSTRUCTION CODE. A local government or a county may repeal a
local law which provides that it will not enforce [the uniform code]
SUCH CODES and shall thereafter administer and enforce [the uniform
code] SUCH CODES as provided above. [Local] TWO OR MORE LOCAL govern-
ments may provide for joint administration and enforcement OF THE
UNIFORM CODE, THE STATE ENERGY CONSERVATION CONSTRUCTION CODE, OR BOTH,
by agreement pursuant to article five-G of the general municipal law.
Any local government may enter into agreement with the county in which
such local government is situated to administer and enforce the uniform
code, THE STATE ENERGY CONSERVATION CONSTRUCTION CODE, OR BOTH, within
such local government. Local governments or counties may charge fees to
defray the costs of administration and enforcement.
S 11. This act shall take effect January 1, 2011; provided, however,
that the state fire prevention and building code council and the secre-
tary of state are authorized and directed to adopt such regulations as
deemed necessary and proper to implement this act, prior to such effec-
tive date.