A. 7735 2
techniques be used in the design and construction of all public and
private buildings in the state.
S 3. Section 11-102 of the energy law, as added by chapter 397 of the
laws of 1978, subdivision 3 as amended, subdivisions 4, 5, 6 and 7 as
renumbered and subdivisions 8 and 9 as added by chapter 516 of the laws
of 1984, is amended to read as follows:
S 11-102. Definitions. For the purposes of this article, the follow-
ing words and phrases shall have the following meanings unless a differ-
ent meaning is plainly required by the context:
1. "ADDITION." ON AND AFTER THE EFFECTIVE DATE OF THE RULES AND REGU-
LATIONS PROMULGATED BY THE STATE FIRE PREVENTION AND BUILDING CODE COUN-
CIL AMENDING THE CODE PURSUANT TO PARAGRAPH (D) OF SUBDIVISION ONE OF
SECTION 11-103 OF THIS ARTICLE, THE TERM "ADDITION" SHALL MEAN AN EXTEN-
SION OR INCREASE IN THE CONDITIONED SPACE FLOOR AREA OR HEIGHT OF ANY
BUILDING OR STRUCTURE.
2. "ALTERATION." ON OR AFTER THE EFFECTIVE DATE OF THE RULES AND REGU-
LATIONS PROMULGATED BY THE STATE FIRE PREVENTION AND BUILDING CODE COUN-
CIL AMENDING THE CODE PURSUANT TO PARAGRAPH (D) OF SUBDIVISION ONE OF
SECTION 11-103 OF THIS ARTICLE, THE TERM "ALTERATION" SHALL MEAN ANY
CONSTRUCTION OR RENOVATION TO AN EXISTING BUILDING OTHER THAN A REPAIR
OR ADDITION, AND THE TERM "ALTERATION" SHALL INCLUDE ANY CHANGE IN A
MECHANICAL SYSTEM THAT INVOLVES AN EXTENSION, ADDITION OR CHANGE TO THE
ARRANGEMENT, TYPE OR PURPOSE OF THE ORIGINAL INSTALLATION.
3. "Building." [Any] PRIOR TO THE EFFECTIVE DATE OF THE RULES AND
REGULATIONS PROMULGATED BY THE STATE FIRE PREVENTION AND BUILDING CODE
COUNCIL AMENDING THE CODE PURSUANT TO PARAGRAPH (D) OF SUBDIVISION ONE
OF SECTION 11-103 OF THIS ARTICLE, THE TERM "BUILDING" SHALL MEAN ANY
combination of materials, whether portable or fixed, having a roof to
form a structure which is heated or cooled in the normal course afford-
ing shelter for persons, animals or property, including any equipment
therein, provided however that the term "building" shall not include any
structure which is heated and cooled without the use of electricity or
fossil fuel. The word "building" shall include "factory manufactured
homes" as defined in section [ four hundred-c of article eighteen-B]
THREE HUNDRED SEVENTY-TWO of the executive law. ON AND AFTER THE EFFEC-
TIVE DATE OF THE RULES AND REGULATIONS PROMULGATED BY THE STATE FIRE
PREVENTION AND BUILDING CODE COUNCIL AMENDING THE CODE PURSUANT TO PARA-
GRAPH (D) OF SUBDIVISION ONE OF SECTION 11-103 OF THIS ARTICLE, THE TERM
"BUILDING" SHALL MEAN ANY 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. THE TERM "BUILD-
ING" SHALL ALSO INCLUDE FACTORY MANUFACTURED HOMES AS DEFINED IN SUBDI-
VISION EIGHT OF SECTION THREE HUNDRED SEVENTY-TWO OF THE EXECUTIVE LAW.
[2.] 4. (A) "Code." The state energy conservation construction code
provided for in this article, or any portion thereof, any modification
of or amendments thereto.
[3.] (B) "2007 CODE." THE STATE ENERGY CONSERVATION CONSTRUCTION CODE
IN EFFECT UPON THE EFFECTIVE DATE OF A CHAPTER OF THE LAWS OF TWO THOU-
SAND NINE WHICH ADDED THIS PARAGRAPH.
5. "COMMERCIAL" OR "COMMERCIAL BUILDING." ANY BUILDING THAT IS NOT (A)
A SINGLE-FAMILY RESIDENCE, (B) A MULTI-FAMILY DWELLING OF THREE STORIES
OR FEWER ABOVE GRADE, (C) A MANUFACTURED HOME AS DEFINED IN SUBDIVISION
SEVEN OF SECTION SIX HUNDRED ONE OF THE EXECUTIVE LAW, OR (D) A FACTORY
MANUFACTURED HOME AS DEFINED IN SUBDIVISION EIGHT OF SECTION THREE
HUNDRED SEVENTY-TWO OF THE EXECUTIVE LAW.
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6. "CONDITIONED SPACE." AN AREA OR ROOM WHICH IS WITHIN A BUILDING AND
WHICH (A) IS BEING HEATED OR COOLED, (B) CONTAINS UNINSULATED DUCTS, OR
(C) HAS A FIXED OPENING DIRECTLY INTO AN ADJACENT CONDITIONED SPACE.
7. "Construction." [The] PRIOR TO THE EFFECTIVE DATE OF THE RULES AND
REGULATIONS PROMULGATED BY THE STATE FIRE PREVENTION AND BUILDING CODE
COUNCIL AMENDING THE CODE PURSUANT TO PARAGRAPH (D) OF SUBDIVISION ONE
OF SECTION 11-103 OF THIS ARTICLE, THE TERM "CONSTRUCTION" SHALL MEAN
THE construction of a new building, or any addition to, or substantial
renovation of, an existing building. ON AND AFTER THE EFFECTIVE DATE OF
THE RULES AND REGULATIONS PROMULGATED BY THE STATE FIRE PREVENTION AND
BUILDING CODE COUNCIL AMENDING THE CODE PURSUANT TO PARAGRAPH (D) OF
SUBDIVISION ONE OF SECTION 11-103 OF THIS ARTICLE, THE TERM
"CONSTRUCTION" SHALL MEAN THE CONSTRUCTION, FABRICATION OR ERECTION OF A
NEW BUILDING, OR ANY ADDITION TO OR ALTERATION OF AN EXISTING BUILDING.
[4.] 8. "Equipment." [Plumbing,] PRIOR TO THE EFFECTIVE DATE OF THE
RULES AND REGULATIONS PROMULGATED BY THE STATE FIRE PREVENTION AND
BUILDING CODE COUNCIL AMENDING THE CODE PURSUANT TO PARAGRAPH (D) OF
SUBDIVISION ONE OF SECTION 11-103 OF THIS ARTICLE, THE TERM "EQUIPMENT"
SHALL MEAN PLUMBING, heating, electrical, 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. ON AND AFTER THE
EFFECTIVE DATE OF THE RULES AND REGULATIONS PROMULGATED BY THE STATE
FIRE PREVENTION AND BUILDING CODE COUNCIL AMENDING THE CODE PURSUANT TO
PARAGRAPH (D) OF SUBDIVISION ONE OF SECTION 11-103 OF THIS ARTICLE, THE
TERM "EQUIPMENT" SHALL MEAN DEVICES FOR COMFORT CONDITIONING, ELECTRIC
POWER, MOTORS, LIGHTING, OR SERVICE WATER HEATING INCLUDING, BUT NOT
LIMITED TO, FURNACES, BOILERS, AIR CONDITIONERS, HEAT PUMPS, CHILLERS,
WATER HEATERS, LAMPS, LUMINARIES, BALLASTS, ELEVATORS, ESCALATORS OR
OTHER DEVICES OR INSTALLATIONS.
[5.] 9. "LOCAL GOVERNMENT." ANY VILLAGE, TOWN (OUTSIDE THE AREA OF ANY
INCORPORATED VILLAGE) OR CITY.
10. "Municipality." Any county, city, town, village, school district
or district corporation.
[6.] 11. "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.] 12. "REPAIR." ON AND AFTER THE EFFECTIVE DATE OF THE RULES AND
REGULATIONS PROMULGATED BY THE STATE FIRE PREVENTION AND BUILDING CODE
COUNCIL AMENDING THE CODE PURSUANT TO PARAGRAPH (D) OF SUBDIVISION ONE
OF SECTION 11-103 OF THIS ARTICLE, THE TERM "REPAIR" SHALL MEAN THE
RECONSTRUCTION OR RENEWAL OF ANY PART OF AN EXISTING BUILDING.
13. "Residential[.]" [Any] OR "RESIDENTIAL BUILDING." PRIOR TO THE
EFFECTIVE DATE OF THE RULES AND REGULATIONS PROMULGATED BY THE STATE
FIRE PREVENTION AND BUILDING CODE COUNCIL AMENDING THE CODE PURSUANT TO
PARAGRAPH (D) OF SUBDIVISION ONE OF SECTION 11-103 OF THIS ARTICLE, THE
TERMS "RESIDENTIAL" OR "RESIDENTIAL BUILDING" SHALL MEAN ANY building
which is designed or is to be used primarily as a dwelling or household.
ON AND AFTER THE EFFECTIVE DATE OF THE RULES AND REGULATIONS PROMULGATED
BY THE STATE FIRE PREVENTION AND BUILDING CODE COUNCIL AMENDING THE CODE
PURSUANT TO PARAGRAPH (D) OF SUBDIVISION ONE OF SECTION 11-103 OF THIS
ARTICLE, THE TERM "RESIDENTIAL" OR "RESIDENTIAL BUILDING" SHALL MEAN ANY
BUILDING THAT IS NOT A COMMERCIAL BUILDING.
[8.] 14. "Substantial renovation." [The] PRIOR TO THE EFFECTIVE DATE
OF THE RULES AND REGULATIONS PROMULGATED BY THE STATE FIRE PREVENTION
A. 7735 4
AND BUILDING CODE COUNCIL AMENDING THE CODE PURSUANT TO PARAGRAPH (D) OF
SUBDIVISION ONE OF SECTION 11-103 OF THIS ARTICLE, THE TERM "SUBSTANTIAL
RENOVATION" SHALL MEAN THE alteration of any existing building in which
more than fifty percent of any building subsystem is replaced.
[9.] 15. "Subsystem[.]" [A] OR "BUILDING SUBSYSTEM." PRIOR TO THE
EFFECTIVE DATE OF THE RULES AND REGULATIONS PROMULGATED BY THE STATE
FIRE PREVENTION AND BUILDING CODE COUNCIL AMENDING THE CODE PURSUANT TO
PARAGRAPH (D) OF SUBDIVISION ONE OF SECTION 11-103 OF THIS ARTICLE, THE
TERM "SUBSYSTEM" OR "BUILDING SUBSYSTEM" SHALL MEAN 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 equipment as defined in subdivision [four] EIGHT
of this section. ON AND AFTER THE EFFECTIVE DATE OF THE RULES AND REGU-
LATIONS PROMULGATED BY THE STATE FIRE PREVENTION AND BUILDING CODE COUN-
CIL AMENDING THE CODE PURSUANT TO PARAGRAPH (D) OF SUBDIVISION ONE OF
SECTION 11-103 OF THIS ARTICLE, THE TERM "SYSTEM" OR "BUILDING SYSTEM"
SHALL MEAN A COMBINATION OF CENTRAL OR TERMINAL EQUIPMENT OR COMPONENTS
OR CONTROLS, ACCESSORIES, INTERCONNECTING MEANS, AND TERMINAL DEVICES BY
WHICH ENERGY IS TRANSFORMED SO AS TO PERFORM A SPECIFIC FUNCTION, SUCH
AS HEATING, VENTILATION AND AIR CONDITIONING, SERVICE WATER HEATING OR
ILLUMINATION.
16. "UNIFORM CODE." THE NEW YORK STATE UNIFORM FIRE PREVENTION AND
BUILDING CODE PROMULGATED PURSUANT TO ARTICLE EIGHTEEN OF THE EXECUTIVE
LAW AND AS AMENDED FROM TIME TO TIME.
S 4. Subdivision 1 of section 11-103 of the energy law is amended by
adding three new paragraphs (c), (d) and (e), and subdivisions 2 and 3,
as amended by chapter 292 of the laws of 1998, are amended to read as
follows:
(C) NOTWITHSTANDING PARAGRAPHS (A) AND (B) OF THIS SUBDIVISION, THE
2007 CODE IS CONTINUED AND SHALL APPLY TO:
(I) THE CONSTRUCTION OF ALL BUILDINGS OR CLASSES OF BUILDINGS IN THE
STATE, PROVIDED THAT AN APPLICATION FOR A BUILDING PERMIT FOR SUCH
CONSTRUCTION IS MADE ON OR AFTER JANUARY FIRST, TWO THOUSAND EIGHT, AND
PRIOR TO THE EFFECTIVE DATE OF THE RULES AND REGULATIONS PROMULGATED BY
THE STATE FIRE PREVENTION AND BUILDING CODE COUNCIL AMENDING THE CODE
PURSUANT TO PARAGRAPH (D) OF THIS SUBDIVISION;
(II) THE CONSTRUCTION OF ALL BUILDINGS OR CLASSES OF BUILDINGS IN THE
STATE, WHERE NO APPLICATION FOR A BUILDING PERMIT FOR SUCH CONSTRUCTION
IS MADE, PROVIDED THAT SUCH CONSTRUCTION IS SUBSTANTIALLY COMPLETED
PRIOR TO THE EFFECTIVE DATE OF THE RULES AND REGULATIONS PROMULGATED BY
THE STATE FIRE PREVENTION AND BUILDING CODE COUNCIL AMENDING THE CODE
PURSUANT TO PARAGRAPH (D) OF THIS SUBDIVISION;
(III) THE SUBSTANTIAL RENOVATION OF ALL EXISTING BUILDINGS OR CLASSES
OF BUILDINGS IN THE STATE, PROVIDED THAT AN APPLICATION FOR A BUILDING
PERMIT FOR SUCH SUBSTANTIAL RENOVATION IS MADE ON OR AFTER JANUARY
FIRST, TWO THOUSAND EIGHT, AND PRIOR TO THE EFFECTIVE DATE OF THE RULES
AND REGULATIONS PROMULGATED BY THE STATE FIRE PREVENTION AND BUILDING
CODE COUNCIL AMENDING THE CODE PURSUANT TO PARAGRAPH (D) OF THIS SUBDI-
VISION; AND
(IV) THE SUBSTANTIAL RENOVATION OF ALL EXISTING BUILDINGS OR CLASSES
OF BUILDINGS IN THE STATE, WHERE NO APPLICATION FOR A BUILDING PERMIT
FOR SUCH SUBSTANTIAL RENOVATION IS MADE, PROVIDED THAT SUCH SUBSTANTIAL
RENOVATION IS SUBSTANTIALLY COMPLETED PRIOR TO THE EFFECTIVE DATE OF THE
RULES AND REGULATIONS PROMULGATED BY THE STATE FIRE PREVENTION AND
BUILDING CODE COUNCIL AMENDING THE CODE PURSUANT TO PARAGRAPH (D) OF
THIS SUBDIVISION.
A. 7735 5
IN THE CASE OF ANY SUBSTANTIAL RENOVATION AS TO WHICH THE 2007 CODE IS
APPLICABLE PURSUANT TO SUBPARAGRAPH (III) OR (IV) OF THIS PARAGRAPH, THE
2007 CODE 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.
(D) NOTWITHSTANDING PARAGRAPHS (A) AND (B) OF THIS SUBDIVISION, AND
NOTWITHSTANDING ANY OTHER PROVISION OF THIS ARTICLE TO THE CONTRARY, THE
STATE FIRE PREVENTION AND BUILDING CODE COUNCIL IS HEREBY AUTHORIZED AND
DIRECTED TO PROMULGATE RULES AND REGULATIONS AMENDING THE CODE IN SUCH A
MANNER TO CAUSE THE CODE TO BE (I) A BUILDING ENERGY CODE FOR RESIDEN-
TIAL BUILDINGS THROUGHOUT THE STATE THAT MEETS OR EXCEEDS THE MOST
RECENTLY PUBLISHED INTERNATIONAL ENERGY CONSERVATION CODE OR ACHIEVES
EQUIVALENT OR GREATER ENERGY SAVINGS, AND (II) A BUILDING ENERGY CODE
FOR COMMERCIAL BUILDINGS THROUGHOUT THE STATE THAT MEETS OR EXCEEDS THE
ANSI/ASHRAE/IESNA STANDARD 90.1-2007 OR ACHIEVES EQUIVALENT OR GREATER
ENERGY SAVINGS. THE STATE FIRE PREVENTION AND BUILDING CODE COUNCIL
SHALL PROMULGATE SUCH RULES AND REGULATIONS AS SOON AS PRACTICABLE, BUT
NOT LATER THAN JUNE THIRTIETH, TWO THOUSAND TEN. THE CODE, AS SO
AMENDED, SHALL APPLY TO:
(A) THE CONSTRUCTION OF ALL BUILDINGS OR CLASSES OF BUILDINGS IN THE
STATE, PROVIDED THAT AN APPLICATION FOR A BUILDING PERMIT FOR SUCH
CONSTRUCTION IS MADE ON OR AFTER THE EFFECTIVE DATE OF THE RULES AND
REGULATIONS PROMULGATED BY THE STATE FIRE PREVENTION AND BUILDING CODE
COUNCIL AMENDING THE CODE PURSUANT TO THIS PARAGRAPH;
(B) THE CONSTRUCTION OF ALL BUILDINGS OR CLASSES OF BUILDINGS IN THE
STATE, WHERE NO APPLICATION FOR A BUILDING PERMIT FOR SUCH CONSTRUCTION
IS MADE, PROVIDED THAT SUCH CONSTRUCTION IS SUBSTANTIALLY COMPLETED ON
OR AFTER THE EFFECTIVE DATE OF THE RULES AND REGULATIONS PROMULGATED BY
THE STATE FIRE PREVENTION AND BUILDING CODE COUNCIL AMENDING THE CODE
PURSUANT TO THIS PARAGRAPH;
(C) THE ADDITION TO AND ALTERATION AND REPAIR OF ALL EXISTING BUILD-
INGS OR CLASSES OF BUILDINGS IN THE STATE, PROVIDED THAT AN APPLICATION
FOR A BUILDING PERMIT FOR SUCH ADDITION, ALTERATION OR REPAIR IS MADE ON
OR AFTER THE EFFECTIVE DATE OF THE RULES AND REGULATIONS PROMULGATED BY
THE STATE FIRE PREVENTION AND BUILDING CODE COUNCIL AMENDING THE CODE
PURSUANT TO THIS PARAGRAPH; AND
(D) THE ADDITION TO AND ALTERATION AND REPAIR OF ALL EXISTING BUILD-
INGS OR CLASSES OF BUILDINGS IN THE STATE, WHERE NO APPLICATION FOR A
BUILDING PERMIT FOR SUCH ADDITION, ALTERATION OR REPAIR IS MADE,
PROVIDED THAT SUCH ADDITION, ALTERATION OR REPAIR IS SUBSTANTIALLY
COMPLETED ON OR AFTER THE EFFECTIVE DATE OF THE RULES AND REGULATIONS
PROMULGATED BY THE STATE FIRE PREVENTION AND BUILDING CODE COUNCIL
AMENDING THE CODE PURSUANT TO THIS PARAGRAPH.
IN THE CASE OF THE ADDITION TO OR ALTERATION OR REPAIR OF AN EXISTING
RESIDENTIAL BUILDING, THE CODE, AS AMENDED BY THE STATE FIRE PREVENTION
AND BUILDING CODE COUNCIL PURSUANT TO THIS PARAGRAPH, SHALL APPLY AT
LEAST TO THE EXTENT THAT THE MOST RECENTLY PUBLISHED INTERNATIONAL ENER-
GY CONSERVATION CODE WOULD APPLY. IN THE CASE OF THE ADDITION TO OR
ALTERATION OR REPAIR OF AN EXISTING COMMERCIAL BUILDING, THE CODE, AS
AMENDED PURSUANT TO THIS PARAGRAPH, SHALL APPLY AT LEAST TO THE EXTENT
THAT THE ANSI/ASHRAE/IESNA STANDARD 90.1-2007 WOULD APPLY.
(E) FOR THE PURPOSES OF PARAGRAPHS (C) AND (D) OF THIS SUBDIVISION, AN
APPLICATION FOR A BUILDING PERMIT SHALL BE DEEMED TO HAVE BEEN MADE WHEN
SUCH APPLICATION, TOGETHER WITH SUCH PLANS AND SUPPORTING DOCUMENTATION
AS MAY BE REQUIRED BY THE GOVERNMENTAL ENTITY WHICH IS RESPONSIBLE FOR
A. 7735 6
THE ADMINISTRATION AND ENFORCEMENT OF THE CODE, SHALL HAVE BEEN FILED
WITH SUCH GOVERNMENTAL ENTITY.
2. [The] NOTWITHSTANDING PARAGRAPHS (A) AND (B) OF SUBDIVISION ONE OF
THIS SECTION, AND NOTWITHSTANDING ANY OTHER PROVISION OF THIS ARTICLE TO
THE CONTRARY, EACH TIME A REVISED OR UPDATED EDITION OF THE INTERNA-
TIONAL ENERGY CONSERVATION CODE IS PUBLISHED, THE STATE FIRE PREVENTION
AND BUILDING CODE COUNCIL IS HEREBY AUTHORIZED AND DIRECTED TO PROMUL-
GATE RULES AND REGULATIONS AMENDING THOSE PORTIONS OF THE CODE THAT
APPLY TO RESIDENTIAL BUILDINGS IN SUCH A MANNER TO CAUSE SUCH PORTIONS
OF THE CODE TO BE A BUILDING ENERGY CODE FOR RESIDENTIAL BUILDINGS
THROUGHOUT THE STATE THAT MEETS OR EXCEEDS SUCH REVISED OR UPDATED
EDITION OF THE INTERNATIONAL ENERGY CONSERVATION CODE OR ACHIEVES EQUIV-
ALENT OR GREATER ENERGY SAVINGS. IN ADDITION, 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 through rules and regulations provided that the code
[remains cost effective with respect to building construction in the
state. The code shall be deemed cost effective if the cost of materials
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],
AFTER SUCH AMENDMENT, CONTINUES TO MEET OR EXCEED THE THEN MOST RECENTLY
PUBLISHED INTERNATIONAL ENERGY CONSERVATION CODE, OR ACHIEVES EQUIVALENT
OR GREATER ENERGY SAVINGS, IN THE CASE OF RESIDENTIAL BUILDINGS; AND
CONTINUES TO MEET OR EXCEED THE ANSI/ASHRAE/IESNA STANDARD 90.1-2007, OR
ACHIEVES EQUIVALENT OR GREATER ENERGY SAVINGS, IN THE CASE OF COMMERCIAL
BUILDINGS.
3. Notwithstanding any other provision of law, the state fire
prevention and building code council in accordance with the mandate
under this article, INCLUDING THE MANDATES UNDER PARAGRAPH (D) OF SUBDI-
VISION ONE AND UNDER SUBDIVISION TWO OF THIS SECTION shall have exclu-
sive authority among state agencies to promulgate a construction code
incorporating energy conservation features. Any other code, rule or
regulation heretofore promulgated or enacted by any other state agency,
incorporating specific energy conservation requirements applicable to
the construction of any building, shall be superseded by the code
promulgated pursuant to this section.
S 5. The opening paragraph and subdivision 5 of section 11-104 of the
energy law, the opening paragraph as added by chapter 397 of the laws of
1978 and subdivision 5 as added by chapter 516 of the laws of 1984, are
amended and a new subdivision 6 is added to read as follows:
[In addition to meeting] THE CODE SHALL BE CONSISTENT WITH the
purposes set forth in section 11-101 of this article[, the code shall be
designed] AND to satisfy the following specific criteria:
5. [The] PRIOR TO THE EFFECTIVE DATE OF THE RULES AND REGULATIONS
PROMULGATED BY THE STATE FIRE PREVENTION AND BUILDING CODE COUNCIL
AMENDING THE CODE PURSUANT TO PARAGRAPH (D) OF SUBDIVISION ONE OF
SECTION 11-103 OF THIS ARTICLE, 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 regis-
ter 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 preservation.
6. ON AND AFTER THE EFFECTIVE DATE OF THE RULES AND REGULATIONS
PROMULGATED BY THE STATE FIRE PREVENTION AND BUILDING CODE COUNCIL
A. 7735 7
AMENDING THE CODE PURSUANT TO PARAGRAPH (D) OF SUBDIVISION ONE OF
SECTION 11-103 OF THIS ARTICLE, THE CODE:
(A) SHALL BE DESIGNED TO MEET OR EXCEED THE MOST RECENTLY PUBLISHED
INTERNATIONAL ENERGY CONSERVATION CODE, OR TO ACHIEVE EQUIVALENT OR
GREATER ENERGY SAVINGS, IN THE CASE OF RESIDENTIAL BUILDINGS, AND TO
MEET OR EXCEED THE ANSI/ASHRAE/IESNA STANDARD 90.1-2007, OR TO ACHIEVE
EQUIVALENT OR GREATER ENERGY SAVINGS, IN THE CASE OF COMMERCIAL BUILD-
INGS; AND
(B) SHALL EXEMPT ANY BUILDING WHICH IS LISTED ON THE NATIONAL REGISTER
OF HISTORIC PLACES, LISTED ON THE STATE REGISTER OF HISTORIC PLACES, OR
DETERMINED TO BE ELIGIBLE FOR LISTING ON THE STATE REGISTER BY THE
COMMISSIONER OF PARKS, RECREATION AND HISTORIC PRESERVATION, PROVIDED
THAT, IN THE CASE OF A RESIDENTIAL BUILDING, SUCH BUILDING WOULD ALSO BE
EXEMPT UNDER THE MOST RECENTLY PUBLISHED INTERNATIONAL ENERGY CONSERVA-
TION CODE, AND IN THE CASE OF A COMMERCIAL BUILDING, SUCH BUILDING WOULD
ALSO BE EXEMPT UNDER THE ANSI/ASHRAE/IESNA STANDARD 90.1-2007.
S 6. 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 REQUIREMENTS OF PARAGRAPH (D) OF SUBDIVISION ONE
OF SECTION 11-103 OF THIS ARTICLE, AND (3) WHETHER CONSIDERED INDIVID-
UALLY OR COLLECTIVELY WITH OTHER LIMITATIONS, WILL NOT PREVENT THE
ATTAINMENT OF THE COMPLIANCE LEVEL SPECIFIED IN SUBDIVISION TWO-A OF
SECTION 3-101 OF THIS CHAPTER.
S 7. 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 AND COMPLIANCE. [Except
as otherwise expressly provided herein, the] 1. THE administration and
enforcement of the provisions of the code [within any municipality] 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 UNIFORM CODE OR OTHER APPLICABLE building
construction code or the fire prevention and building construction code
[applicable within such municipality. The code shall be administered and
enforced in the manner prescribed by applicable 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] WITH RESPECT TO
SUCH BUILDING.
2. THE RULES AND REGULATIONS PROMULGATED BY THE SECRETARY OF STATE
PURSUANT TO SUBDIVISION ONE OF SECTION THREE HUNDRED EIGHTY-ONE OF THE
EXECUTIVE LAW SHALL, EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN SUCH
RULES AND REGULATIONS, APPLY TO ADMINISTRATION AND ENFORCEMENT OF THE
CODE. IN ADDITION TO THE MATTERS DESCRIBED IN SUBDIVISION ONE OF SECTION
THREE HUNDRED EIGHTY-ONE OF THE EXECUTIVE LAW, SUCH RULES AND REGU-
LATIONS SHALL:
A. 7735 8
(A) CONTAIN PROVISIONS WHICH ARE INTENDED TO ACHIEVE COMPLIANCE WITH
THE BUILDING ENERGY CODES DESCRIBED IN PARAGRAPH (D) OF SUBDIVISION ONE
OF SECTION 11-103 OF THIS ARTICLE IN AT LEAST NINETY PERCENT OF NEW AND
RENOVATED RESIDENTIAL AND COMMERCIAL BUILDING SPACE IN THE STATE NO
LATER THAN DECEMBER THIRTY-FIRST, TWO THOUSAND SIXTEEN, AND THEREAFTER
TO MAINTAIN AT LEAST SUCH LEVEL OF COMPLIANCE;
(B) PRESCRIBE MINIMUM STANDARDS FOR ADMINISTRATION AND ENFORCEMENT OF
THE CODE, INCLUDING MINIMUM STANDARDS FOR ENFORCEMENT PROGRAMS FOR
ENSURING COMPLIANCE WITH THE CODE;
(C) ESTABLISH MINIMUM BASIC TRAINING REQUIREMENTS FOR PERSONNEL
CHARGED WITH ADMINISTRATION AND ENFORCEMENT OF THE CODE, AND SPECIFY THE
TIME WITHIN WHICH SUCH BASIC TRAINING MUST BE COMPLETED FOLLOWING
INITIAL APPOINTMENT;
(D) ESTABLISH REQUIREMENTS FOR IN-SERVICE TRAINING PROGRAMS DESIGNED
TO ASSIST PERSONNEL CHARGED WITH ADMINISTRATION AND ENFORCEMENT OF THE
CODE IN MAINTAINING SKILLS AND BEING INFORMED OF RELEVANT TECHNOLOGICAL
ADVANCES;
(E) ESTABLISH STANDARDS AND PROCEDURES FOR MEASURING THE RATE OF
COMPLIANCE WITH THE CODE EACH YEAR IN NEW AND RENOVATED RESIDENTIAL AND
COMMERCIAL BUILDING SPACE;
(F) ESTABLISH PROCEDURES FOR CONSIDERING APPLICATIONS FOR VARIANCES
AND MODIFICATIONS UNDER SECTION 11-106 OF THIS ARTICLE; AND
(G) DEFINE ANY TERMS USED IN THIS ARTICLE PROVIDED THAT DEFINITIONS
ARE NOT INCONSISTENT WITH THE PROVISIONS OR PURPOSES OF THIS ARTICLE.
SUCH RULES AND REGULATIONS SHALL BE PROMULGATED AS SOON AS PRACTICA-
BLE, BUT NOT LATER THAN JUNE THIRTIETH, TWO THOUSAND TEN.
3. IN THE CASE OF A BUILDING THAT IS SUBJECT TO THE UNIFORM CODE, THE
CODE SHALL BE ADMINISTERED AND ENFORCED IN THE MANNER PRESCRIBED BY THE
RULES AND REGULATIONS PROMULGATED BY THE SECRETARY OF STATE PURSUANT TO
SUBDIVISION ONE OF SECTION THREE HUNDRED EIGHTY-ONE OF THE EXECUTIVE LAW
AND, IF APPLICABLE, BY THE LOCAL LAWS OR ORDINANCES ENACTED OR ADOPTED,
PURSUANT TO SUCH RULES AND REGULATIONS OF THE SECRETARY OF STATE, BY THE
LOCAL GOVERNMENT IN WHICH SUCH BUILDING IS LOCATED. IN THE CASE OF A
BUILDING THAT IS NOT SUBJECT TO THE UNIFORM CODE, THE CODE SHALL BE
ADMINISTERED AND ENFORCED IN THE MANNER PRESCRIBED BY SUCH RULES AND
REGULATIONS OF THE SECRETARY OF STATE AND BY THE LOCAL LAW OR ORDINANCE
OR PROCEDURES APPLICABLE TO ADMINISTRATION AND ENFORCEMENT OF SUCH OTHER
BUILDING CONSTRUCTION CODE OR FIRE PREVENTION AND BUILDING CONSTRUCTION
CODE AS MAY BE APPLICABLE TO SUCH BUILDING.
4. LOCAL GOVERNMENTS MAY PROVIDE FOR JOINT ADMINISTRATION AND ENFORCE-
MENT OF THE CODE 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 CODE WITHIN SUCH LOCAL GOVERNMENT.
5. LOCAL GOVERNMENTS AND OTHER GOVERNMENTAL ENTITIES RESPONSIBLE FOR
ADMINISTRATION AND ENFORCEMENT OF THE CODE, WHETHER BY OPERATION OF
SUBDIVISION ONE OF THIS SECTION OR PURSUANT TO AGREEMENT AUTHORIZED BY
SUBDIVISION FOUR OF THIS SECTION, MAY CHARGE FEES TO DEFRAY THE COSTS OF
ADMINISTRATION AND ENFORCEMENT.
6. EACH LOCAL GOVERNMENT AND OTHER GOVERNMENTAL ENTITY RESPONSIBLE FOR
ADMINISTRATION AND ENFORCEMENT OF THE CODE, WHETHER BY OPERATION OF
SUBDIVISION ONE OF THIS SECTION OR PURSUANT TO AGREEMENT AUTHORIZED BY
SUBDIVISION FOUR OF THIS SECTION, SHALL:
(A) ENSURE THAT PERSONNEL RESPONSIBLE FOR ADMINISTERING AND ENFORCING
THE CODE RECEIVE ALL REQUIRED BASIC TRAINING AND IN-SERVICE TRAINING;
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(B) ADMINISTER AND ENFORCE THE CODE IN A MANNER DESIGNED TO ACHIEVE
COMPLIANCE WITH THE BUILDING ENERGY CODES DESCRIBED IN PARAGRAPH (D) OF
SUBDIVISION ONE OF SECTION 11-103 OF THIS ARTICLE IN AT LEAST NINETY
PERCENT OF NEW AND RENOVATED RESIDENTIAL AND COMMERCIAL BUILDING SPACE
IN THE STATE NO LATER THAN DECEMBER THIRTY-FIRST, TWO THOUSAND SIXTEEN,
AND THEREAFTER TO MAINTAIN AT LEAST SUCH LEVEL OF COMPLIANCE; AND
(C) MEASURE THE RATE OF COMPLIANCE WITH THE CODE EACH YEAR IN NEW AND
RENOVATED RESIDENTIAL AND COMMERCIAL BUILDING SPACE.
S 8. 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 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] OR PURSUANT TO SUBDIVISION TWO OF
SECTION 11-107 OF THIS ARTICLE, who shall fail to comply with such order
within thirty days after such service or within the time fixed by such
order for compliance, whichever is greater, and any owner, builder,
architect, engineer, contractor or subcontractor taking part or assist-
ing 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 administration 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 9. 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 a 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, BUT NO MUNICIPALITY SHALL HAVE THE POWER TO SUPERSEDE,
VOID, REPEAL OR MAKE LESS RESTRICTIVE ANY PROVISION OF THE CODE.
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
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.
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S 10. Section 11-110 of the energy law, as amended by chapter 292 of
the laws of 1998, is amended to read as follows:
S 11-110. Reporting; cooperation of other agencies. 1. The secretary
of state shall report yearly to the legislature and the governor as to
the operation and effectiveness of the state energy conservation
construction code. SUCH REPORT MAY INCLUDE BUT NEED NOT BE LIMITED TO
AN ASSESSMENT OF COMPLIANCE WITH THE CODE AND RECOMMENDATIONS TO ENHANCE
COMPLIANCE, RECOMMENDATIONS FOR INCENTIVES THAT COULD BE MADE AVAILABLE
TO LOCAL GOVERNMENTS TO FACILITATE COMPLIANCE AND ENFORCEMENT OF THE
CODE, RECOMMENDATIONS FOR AMENDMENTS TO THIS ARTICLE, AND AN ASSESSMENT
OF PUBLIC AND PRIVATE SECTOR EMPLOYMENT OPPORTUNITIES RELATED TO THE
CODE BASED ON THE SECRETARY'S ADMINISTRATION OF THIS ARTICLE.
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 11. This act shall take effect immediately.